European Parliament 2014-2019
Plenary sitting
A8-0076/2019
12.2.2019
***I REPORT
on the proposal for a regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Council Joint Action n°98/700/JHA, Regulation (EU) n° 1052/2013 of the European Parliament and of the Council and Regulation (EU) n° 2016/1624 of the European Parliament and of the Council (COM(2018)0631 – C8-0406/2018 – 2018/0330(COD))
Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Roberta Metsola
RR\1176810EN.docx PE630.451v02-00
EN United in diversity EN
PR_COD_1amCom
Symbols for procedures
* Consultation procedure *** Consent procedure ***I Ordinary legislative procedure (first reading) ***II Ordinary legislative procedure (second reading) ***III Ordinary legislative procedure (third reading)
(The type of procedure depends on the legal basis proposed by the draft act.)
Amendments to a draft act
Amendments by Parliament set out in two columns
Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.
The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.
Amendments by Parliament in the form of a consolidated text
New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced. By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.
PE630.451v02-00 2/249 RR\1176810EN.docx EN
CONTENTS
Page
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION ...... 5
EXPLANATORY STATEMENT ...... 235
OPINION OF THE COMMITTEE ON BUDGETS ...... 239
PROCEDURE – COMMITTEE RESPONSIBLE ...... 248
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE ...... 249
RR\1176810EN.docx 3/249 PE630.451v02-00 EN
PE630.451v02-00 4/249 RR\1176810EN.docx EN
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION on the proposal for a regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Council Joint Action n°98/700/JHA, Regulation (EU) n° 1052/2013 of the European Parliament and of the Council and Regulation (EU) n° 2016/1624 of the European Parliament and of the Council (COM(2018)0631 – C8-0406/2018 – 2018/0330(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2018)0631),
– having regard to Article 294(2) and points (b) and (d) of Article 77(2) and point (c) of Article 79(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0406/2018),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the European Economic and Social Committee of ...1,
– having regard to the opinion of the Committee of the Regions of ...2,
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A8-0076/2019),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation Title 1
Text proposed by the Commission Amendment
Proposal for a REGULATION OF THE Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF EUROPEAN PARLIAMENT AND OF
1 [OJ C 0, 0.0.0000, p. 0. / Not yet published in the Official Journal]. 2 [OJ C 0, 0.0.0000, p. 0. / Not yet published in the Official Journal].
RR\1176810EN.docx 5/249 PE630.451v02-00 EN
THE COUNCIL on the European Border THE COUNCIL on the European Border and Coast Guard and repealing Council and Coast Guard and repealing Council Joint Action No 98/700/JHA, Regulation Joint Action No 98/700/JHA, Regulation (EU) No 1052/2013 of the European (EU) No 1052/2013 of the European Parliament and of the Council and Parliament and of the Council and Regulation (EU) No 2016/1624 of the Regulation (EU) No 2016/1624 of the European Parliament and of the Council A European Parliament and of the Council contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018
Amendment 2
Proposal for a regulation Recital 2
Text proposed by the Commission Amendment
(2) The European Agency for the (2) The European Agency for the Management of Operational Cooperation at Management of Operational Cooperation at the External Borders of the Member States the External Borders of the Member States of the European Union , was established by of the European Union, was established by Council Regulation (EC) No 2007/200417 . Council Regulation (EC) No 2007/200417 . Since taking up its responsibilities on 1 Since taking up its responsibilities on 1 May 2005, it has been successful in May 2005, it has been successful in assisting Member States with assisting Member States with implementing the operational aspects of implementing the operational aspects of external border management through joint external border management through joint operations and rapid border interventions, operations and rapid border interventions, risk analysis, information exchange, risk analysis, information exchange, relations with third countries and the return relations with third countries and the of returnees. coordination of the return of third country nationals subject to a return decision issued by a Member State. ______17 Council Regulation (EC) No 2007/2004 17 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a of 26 October 2004 establishing a European Agency for the Management of European Agency for the Management of Operational Cooperation at the External Operational Cooperation at the External Borders of the Member States of the Borders of the Member States of the European Union (OJ L 349, 25.11.2004, European Union (OJ L 349, 25.11.2004, p.1). p.1).
Amendment 3
Proposal for a regulation
PE630.451v02-00 6/249 RR\1176810EN.docx EN
Recital 3
Text proposed by the Commission Amendment
(3) The European Agency for the (3) The European Agency for the Management of Operational Cooperation at Management of Operational Cooperation at the External Borders of the Member States the External Borders of the Member States of the European Union has been renamed of the European Union has been renamed the European Border and Coast Guard the European Border and Coast Guard Agency (the ‘Agency’) and its tasks have Agency (the ‘Agency’) and its tasks have been expanded with full continuity in all its been expanded with full continuity in all its activities and procedures. The key role of activities and procedures. The key role of the Agency should be to establish a the Agency should be to establish a technical and operational strategy as part technical and operational strategy of the multiannual strategic policy cycle developed under the multiannual strategic for implementation of European integrated policy cycle for implementation of border management, to oversee the European integrated border management, effective functioning of border control at to oversee the effective functioning of the external borders, to carry out risk border control at the external borders, to analysis and vulnerability assessments, to carry out risk analysis and vulnerability provide increased technical and operational assessments, to provide increased technical assistance to Member States and third and operational assistance to Member countries through joint operations and States and third countries through joint rapid border interventions, to ensure the operations and rapid border interventions, practical execution of measures in a to ensure the practical execution of situation requiring urgent action at the measures in a situation requiring urgent external borders, to provide technical and action at the external borders, to provide operational assistance in the support of technical and operational assistance in the search and rescue operations for persons in support of search and rescue operations for distress at sea, to organise, coordinate and persons in distress at sea, to organise, conduct return operations and return coordinate and conduct return operations interventions and provide technical and and return interventions and provide operational assistance to return activities technical. of third countries.
Amendment 4
Proposal for a regulation Recital 4
Text proposed by the Commission Amendment
(4) Since the beginning of the (4) Since the beginning of the migratory crisis in 2015, the Commission migratory crisis in 2015, the Commission has taken up important initiatives to has taken up important initiatives and has strengthen the protection of the Union proposed a series of measures with a view borders. A proposal for significantly to strengthening the protection of the enhancing the mandate of the European Union borders and restoring the normal
RR\1176810EN.docx 7/249 PE630.451v02-00 EN
Agency for the Management of functioning of the Schengen area. A Operational Cooperation at the External proposal for significantly enhancing the Borders was presented in December 2015 mandate of the European Agency for the and negotiated in a record time during Management of Operational Cooperation at 2016. The Regulation on the European the External Borders was presented in Border and Coast Guard Agency has December 2015 and negotiated swiftly entered into forced on 6 October 2016. during 2016. The Regulation on the European Border and Coast Guard Agency has entered into forced on 6 October 2016.
Amendment 5
Proposal for a regulation Recital 5
Text proposed by the Commission Amendment
(5) However, the Union’s framework (5) However, the Union’s framework in the area of control of external borders, in the area of control of external borders, returns and asylum. still needs to be further returns and combating cross-border crime improved. To that end and to further still needs to be further improved. To that underpin the current and future envisaged end and to further underpin the current and operational efforts, the European Border future envisaged operational efforts, the and Coast Guard should be reformed by European Border and Coast Guard should giving the European Border and Coast be reformed by giving the European Guard Agency a stronger mandate and, in Border and Coast Guard Agency a stronger particular, by providing it with the mandate and, in particular, by providing it necessary capabilities in the form of a with the necessary capabilities in the form European Border and Coast Guard standing of a European Border and Coast Guard corps of 10 000 operational staff with standing corps with executive powers to executive powers to effectively support effectively support Member States on the Member States on the ground in their ground in their efforts to protect the efforts to protect the external borders, fight external borders, fight cross-border crime secondary movements and significantly and significantly step up the effective and step up the effective return of irregular sustainable return of irregular migrants. migrants.
Amendment 6
Proposal for a regulation Recital 7
Text proposed by the Commission Amendment
(7) It is necessary to monitor the (7) It is necessary to monitor the crossing of the external borders efficiently, crossing of the external borders efficiently, address migratory challenges and potential address migratory challenges and potential
PE630.451v02-00 8/249 RR\1176810EN.docx EN
future threats at the external borders, future threats at the external borders, ensure a high level of internal security ensure a high level of internal security within the Union, safeguard the within the Union, safeguard the functioning of the Schengen area and functioning of the Schengen area and respect the overarching principle of respect the overarching principle of solidarity. That should be accompanied by solidarity. In view of what has been stated, the proactive management of migration, it is necessary to consolidate the European including the necessary measures in third Border and Coast Guard and to further countries. In view of what has been stated, expand the mandate of the European it is necessary to consolidate the European Border and Coast Guard Agency. The Border and Coast Guard and to further Agency should be constituted principally expand the mandate of the European by a European Border and Coast Guard Border and Coast Guard Agency. The standing corps that includes the rapid Agency should be constituted principally reaction pool. by a European Border and Coast Guard standing corps consisting of 10,000 operational staff.
Amendment 7
Proposal for a regulation Recital 8
Text proposed by the Commission Amendment
(8) In order to reflect the further (8) In order to reflect the further qualitative enhancement of its mandate, in qualitative enhancement of its mandate, in particular by providing it with its own particular by providing it with its own operational arm, the European Border and operational arm, the European Border and Cost Guard standing corps of 10,000 Coast Guard standing corps that includes operational staff, the Agency formerly the rapid reaction pool, the Agency known as Frontex should from now on be formerly known as Frontex should from referred to as and operate exclusively now on be referred to as and operate under the name "the European Border and exclusively under the name "the European Coast Guard (EBCG) Agency". This Border and Coast Guard (EBCG) Agency". change should be reflected in all relevant This change should be reflected in all instances, including its visualisation in the relevant instances, including its external communication materials. visualisation in the external communication materials.
Amendment 8
Proposal for a regulation Recital 9
RR\1176810EN.docx 9/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
(9) When implementing European (9) When implementing European integrated border management, coherence integrated border management, coherence with other policy objectives should be with other policy objectives should be ensured, including the proper functioning ensured, including free movement of of cross-border transport. persons, the right to asylum and the proper functioning of cross-border transport.
Amendment 9
Proposal for a regulation Recital 10
Text proposed by the Commission Amendment
(10) European Integrated Border (10) European Integrated Border Management should be implemented as a Management should be implemented as a shared responsibility of the Agency and the shared responsibility of the Agency and the national authorities responsible for border national authorities responsible for border management, including coast guards to the management, including coast guards to the extent that they carry out maritime border extent that they carry out maritime border surveillance operations and any other surveillance and search and rescue border control tasks, and those responsible operations and any other border control for returns. While Member States retain the tasks, and those responsible for returns. primary responsibility for the management While Member States retain the primary of their external borders in their interest responsibility for the management of their and in the interest of all Member States and external borders in their interest and in the are responsible for issuing return decisions, interest of all Member States and are the Agency should support the application responsible for issuing return decisions, the of Union measures relating to the Agency should support the application of management of the external borders and Union measures relating to the returns by reinforcing, assessing and management of the external borders and coordinating the actions of Member States returns by reinforcing and coordinating the which implement those measures. actions of Member States which implement those measures. There should be no unnecessary operational overlaps between the Agency and the Members States.
Amendment 10
Proposal for a regulation Recital 11
PE630.451v02-00 10/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
(11) To ensure the effective (11) To ensure the effective implementation of European Integrated implementation of European Integrated Border Management and increase the Border Management, a European Border efficiency of the common return policy, a and Coast Guard should be established. It European Border and Coast Guard should should be provided with the requisite be established. It should be provided with financial and human resources and the requisite financial and human resources equipment. The European Border and and equipment. The European Border and Coast Guard should be composed of the Coast Guard should be composed of the European Border and Coast Guard Agency European Border and Coast Guard Agency and national authorities which are and national authorities which are responsible for border management, responsible for border management, including coast guards to the extent that including coast guards to the extent that they carry out border control tasks, as well they carry out border control tasks, as well as authorities responsible for returns. As as authorities responsible for returns. As such it will rely upon the common use of such it will rely upon the common use of information, capabilities and systems at information, capabilities and systems at national level and the response of the national level and the response of the Agency at Union level. Agency at Union level.
Amendment 11
Proposal for a regulation Recital 14
Text proposed by the Commission Amendment
(14) The effective implementation of the (14) The effective implementation of the European Integrated Border Management European Integrated Border Management by the European Border and Coast Guard by the European Border and Coast Guard should be ensured through a multiannual should be ensured through a multiannual strategic policy cycle for European strategic policy cycle for European Integrated Border Management. The Integrated Border Management. The multiannual cycle should set an integrated, multiannual cycle should set an integrated, unified and continuous process to provide unified and continuous process to provide strategic guidelines to all the relevant strategic guidelines to all the relevant actors at Union level and in Member States actors at Union level and in Member States in the area of border management and in the area of border management and returns in order for those actors to returns in order for those actors to implement the European Integrated Border implement the European Integrated Border Management in a coherent manner. It shall Management in a coherent manner and in also address all the relevant interactions of full compliance with fundamental rights. the European Border and Coast Guard with In particular, the multiannual policy cycle the Commission, other institutions and should allow the Agency to establish its bodies as well as cooperation with other technical and operational strategy. It shall
RR\1176810EN.docx 11/249 PE630.451v02-00 EN
relevant partners, including third countries also address all the relevant interactions of and third parties as appropriate. the European Border and Coast Guard with the Commission, other institutions and bodies as well as cooperation with other relevant partners, including third countries and third parties as appropriate.
Amendment 12
Proposal for a regulation Recital 15
Text proposed by the Commission Amendment
(15) European integrated border (15) European integrated border management requires an integrated management requires integrated planning planning between the Member States and between the Member States and Agency the Agency for operations concerning for operations concerning borders and borders and return, to prepare responses to return, for responses to challenges at the higher impacts at the external borders on external borders, for contingency planning contingency planning and to coordinate the and for coordinating the long-term long-term development of capabilities both development of capabilities both in terms in terms of recruitment and training but of recruitment and training but also for the also for the acquisition and development of acquisition and development of equipment. equipment.
Amendment 13
Proposal for a regulation Recital 16
Text proposed by the Commission Amendment
(16) The implementation of this (16) The implementation of this Regulation does not affect the division of Regulation does not affect the division of competence between the Union and the competence between the Union and the Member States or the obligations of Member States or the obligations of Member States under the United Nations Member States under the United Nations Convention on the Law of the Sea, the Convention on the Law of the Sea, the International Convention for the Safety of International Convention for the Safety of Life at Sea, the International Convention Life at Sea, the International Convention on Maritime Search and Rescue, the United on Maritime Search and Rescue, the United Nations Convention against Transnational Nations Convention against Transnational Organized Crime and its Protocol against Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea the Smuggling of Migrants by Land, Sea and Air, the Convention Relating to the and Air, the Convention Relating to the Status of Refugees, the Convention for the Status of Refugees, the Convention for the
PE630.451v02-00 12/249 RR\1176810EN.docx EN
Protection of Human Rights and Protection of Human Rights and Fundamental Freedoms and other relevant Fundamental Freedoms, the United international instruments. Nations Convention relating to the Status of Stateless Persons and other relevant international instruments.
Amendment 14
Proposal for a regulation Recital 17 a (new)
Text proposed by the Commission Amendment
(17 a) The remit of action of the European Maritime Safety Agency and the European Fisheries Control Agency have enlarged and their cooperation with the Agency has been reinforced; the European Commission should therefore present a proposal to include these agencies, along with any other relevant actors such as member states, in the scope of application of Regulation 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union;
Amendment 15
Proposal for a regulation Recital 18
Text proposed by the Commission Amendment
(18) The Agency should carry out its (18) The Agency should carry out its tasks without prejudice to the tasks with full respect for the responsibilities of the Member States with responsibilities, competence and the regard to maintaining law and order and subsidiarity principle of the Member safeguarding internal security. States with regard to maintaining law and order and safeguarding internal security.
RR\1176810EN.docx 13/249 PE630.451v02-00 EN
Amendment 16
Proposal for a regulation Recital 19
Text proposed by the Commission Amendment
(19) The Agency should carry out its (19) The Agency should carry out its tasks without prejudice to the competence tasks with full respect for the of the Member States as regards defence. responsibilities and competence of the Member States as regards defence.
Amendment 17
Proposal for a regulation Recital 20
Text proposed by the Commission Amendment
(20) The extended tasks and competence (20) The extended tasks and competence of the Agency should be balanced with of the Agency should be balanced with strengthened fundamental rights safeguards strengthened fundamental rights safeguards and increased accountability. and increased accountability and liability in particular in terms of the exercise of executive powers by the statutory staff.
Amendment 18
Proposal for a regulation Recital 22
Text proposed by the Commission Amendment
(22) Member States should also, in their (22) Member States should also, in their own interest and in the interest of the other own interest and in the interest of the other Member States, contribute relevant data Member States, contribute relevant data necessary for the activities carried out by necessary for the activities carried out by the Agency, including for the purposes of the Agency, including for the purposes of situational awareness, risk analysis, situational awareness, risk analysis, vulnerability assessments and integrated vulnerability assessments and integrated planning. Equally, they should ensure that planning. Equally, they should ensure that the data are accurate, up-to-date and the data are accurate, up-to-date and obtained and entered lawfully. obtained and entered lawfully. Where this data includes personal data, Union law on data protection should apply in full.
PE630.451v02-00 14/249 RR\1176810EN.docx EN
Amendment 19
Proposal for a regulation Recital 22 a (new)
Text proposed by the Commission Amendment
(22 a) The Communication Network provided for in this Regulation has already been developed in the framework of Regulation Regulation (EU) No 1052/2013 of the European Parliament and of the Council1a and is capable of exchanging EU classified information between the Member States and the Agency. That pre-existing Communication Network should be used for all the information exchanges between the different components of the European Border and Coast Guard and its level of classification should be increased in order to improve information security. ______1a Regulation (EU) No 1052/2013 of the European Parliament and of the Council establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11).
Amendment 20
Proposal for a regulation Recital 23
Text proposed by the Commission Amendment
(23) The European border surveillance (23) The European border surveillance system (EUROSUR) is necessary for the system (EUROSUR) is necessary for the functioning of the European Border and functioning of the European Border and Coast Guard in order to frame the Coast Guard in order to frame the exchange of information and the exchange of information and the operational cooperation between national operational cooperation between national authorities of Member States as well as authorities of Member States as well as with the Agency. EUROSUR is providing with the Agency. EUROSUR is providing those authorities and the Agency with the those authorities and the Agency with the
RR\1176810EN.docx 15/249 PE630.451v02-00 EN
infrastructure and tools needed to improve infrastructure and tools needed to improve their situational awareness and reaction their situational awareness and increase capability at the external borders for the reaction capability at the external borders purpose of detecting, preventing and for the purpose of detecting, preventing combating illegal immigration and cross- and combating irregular migration and border crime and contributing to saving cross-border crime and contributing to and ensuring the protection of the lives of saving and ensuring the protection of the migrants. lives of migrants.
Amendment 21
Proposal for a regulation Recital 25
Text proposed by the Commission Amendment
(25) This Regulation should not hinder (25) This Regulation should not hinder Member States from making their national Member States from making their national coordination centres also responsible for coordination centres also responsible for coordinating the exchange of information coordinating the exchange of information and for cooperation regarding other and for cooperation regarding other components of integrated border components of integrated border management such as returns. management.
Amendment 22
Proposal for a regulation Recital 26
Text proposed by the Commission Amendment
(26) The quality of the information (26) The quality of the information exchanged between the Member States and exchanged between the Member States and the Agency is a prerequisite to the proper the Agency and the timeliness for the functioning of Integrated Border exchange of such information are Management. Building on the success of prerequisites for the proper functioning of EUROSUR, that quality should be ensured Integrated Border Management. Building through standardisation, automation of the on the success of EUROSUR, that quality information exchange across networks and should be ensured through standardisation, systems, information assurance and quality automation of the information exchange control of the data and information across networks and systems, information transmitted. assurance and quality control of the data and information transmitted.
PE630.451v02-00 16/249 RR\1176810EN.docx EN
Amendment 23
Proposal for a regulation Recital 27
Text proposed by the Commission Amendment
(27) The Agency should provide the (27) The Agency should provide the necessary assistance for the development necessary assistance for the development and operation of EUROSUR including the and operation of EUROSUR including the interoperability of systems, in particular by interoperability of systems in the establishing, maintaining and coordinating framework of a common information the EUROSUR framework. sharing environment, in particular by establishing, maintaining and coordinating the EUROSUR framework.
Amendment 24
Proposal for a regulation Recital 28
Text proposed by the Commission Amendment
(28) EUROSUR should provide an (28) EUROSUR should provide an exhaustive situational picture at the exhaustive situational picture at the external borders but also within the external borders but also within the Schengen area and in the pre-frontier area. Schengen area and in the pre-frontier area. It should cover land, sea and air border It should cover land, sea and air border surveillance but also checks at border surveillance but also checks at border crossing points. crossing points. Providing situational awareness within the Union should not in any way permit the Agency to engage in actions at the internal borders of the Member States.
Amendment 25
Proposal for a regulation Recital 31
Text proposed by the Commission Amendment
(31) The practice of travelling in small (31) The practice of travelling in small and unseaworthy vessels has dramatically and unseaworthy vessels has dramatically increased the number of migrants drowning increased the number of migrants drowning at the southern maritime external borders. at the southern maritime external borders. EUROSUR should considerably improve EUROSUR should considerably improve
RR\1176810EN.docx 17/249 PE630.451v02-00 EN
the operational and technical ability of the the operational and technical ability of the Agency and the Member States to detect Agency and the Member States to detect such small vessels and to improve the such small vessels and to improve the reaction capability of the Member States, reaction capability of the Member States to thereby contributing to reducing the loss of conduct search and rescue operations, lives of migrants. thereby contributing to reducing the loss of lives of migrants.
Amendment 26
Proposal for a regulation Recital 33
Text proposed by the Commission Amendment
(33) The Agency should prepare general (33) The Agency should prepare general and tailored risk analyses based on a and tailored risk analyses based on a common integrated risk analysis model, to common integrated risk analysis model, to be applied by the Agency itself and by be applied by the Agency itself and by Member States. The Agency should, based Member States. The Agency should, based also on information provided by Member also on information provided by Member States, provide adequate information States, provide adequate information covering all aspects relevant to European covering all aspects relevant to European integrated border management, especially Integrated Border Management, especially border control, return, irregular secondary border control, return, the phenomenon of movements of third-country nationals irregular secondary movements of third- within the Union, prevention of cross- country nationals within the Union in border crime including facilitation of terms of trends, routes and volume in case unauthorised border crossings, trafficking the Member States have provided that in human beings, terrorism and threats of a information, prevention of cross-border hybrid nature, as well as the situation in crime including facilitation of unauthorised relevant third countries, so as to allow for border crossings, trafficking in human appropriate measures to be taken or to beings, organised crime, terrorism and tackle identified threats and risks with a threats of a hybrid nature, as well as the view to improving the integrated situation in relevant third countries, so as management of the external borders. to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of the external borders.
Amendment 27
Proposal for a regulation Recital 34
PE630.451v02-00 18/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
(34) Given its activities at the external (34) Given its activities at the external borders, the Agency should contribute to borders, the Agency should contribute to preventing and detecting serious crime preventing and detecting serious crime with a cross-border dimension, such as with a cross-border dimension, such as migrant smuggling, trafficking in human migrant smuggling, trafficking in human beings and terrorism, where it is beings, organised crime and terrorism, appropriate for it to act and where it has where it is appropriate for it to act and obtained relevant information through its where it has obtained relevant information activities. It should coordinate its activities through its activities. It should coordinate with Europol as the agency responsible for its activities with Europol as the agency supporting and strengthening Member responsible for supporting and States' actions and their cooperation in strengthening Member States' actions and preventing and combating serious crime their cooperation in preventing and affecting two or more Member States. combating serious crime affecting two or Cross-border crimes necessarily entail a more Member States. Cross-border crimes cross-border dimension. Such a cross- necessarily entail a cross-border border dimension is characterised by dimension. Such a cross-border dimension crimes directly linked to unauthorised is characterised by crimes directly linked to crossings of the external borders, including unauthorised crossings of the external trafficking in human beings or smuggling borders, including trafficking in human of migrants. That said, Article 1(2) of beings or smuggling of migrants. In line Council Directive 2002/90/EC19 allows with Article 1(2) of Council Directive Member States not to impose sanctions 2002/90/EC19, which provides that where the aim of the behaviour is to Member State may decide not to impose provide humanitarian assistance to sanctions where the aim of the behaviour is migrants. to provide humanitarian assistance to the person concerned, the Agency should remind Member States of potential fundamental rights implications when they consider imposing such sanctions. ______19 Council Directive 2002/90/EC of 28 19 Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of November 2002 defining the facilitation of unauthorised entry, transit and residence unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 17). (OJ L 328, 5.12.2002, p. 17).
Amendment 28
Proposal for a regulation Recital 35
Text proposed by the Commission Amendment
(35) In a spirit of shared responsibility, (35) In a spirit of shared responsibility
RR\1176810EN.docx 19/249 PE630.451v02-00 EN
the role of the Agency should be to and improving the standards of European monitor regularly the management of the Integrated Border Management, the role external borders. The Agency should of the Agency should be to monitor ensure proper and effective monitoring not regularly the management of the external only through situational awareness and risk borders, including the respect for analysis, but also through the presence of fundamental rights as part of border experts from its own staff in Member management and return activities. The States. The Agency should therefore be Agency should ensure proper and effective able to deploy liaison officers to Member monitoring not only through situational States for a period of time during which the awareness and risk analysis, but also liaison officer reports to the executive through the presence of experts from its director. The report of the liaison officers own staff in Member States. The Agency should form part of the vulnerability should therefore be able to deploy liaison assessment. officers to Member States for a period of time during which the liaison officer reports to the executive director and the fundamental rights officer. The report of the liaison officers should form part of the vulnerability assessment.
Amendment 29
Proposal for a regulation Recital 36
Text proposed by the Commission Amendment
(36) The Agency should carry out a (36) The Agency should carry out a vulnerability assessment based on vulnerability assessment based on objective criteria, to assess the capacity and objective criteria, to assess the capacity and readiness of the Member States to face readiness of the Member States to face challenges at their external borders and to challenges at their external borders and to contribute to the European Border and contribute to the European Border and Coast Guard standing corps and technical Coast Guard standing corps and technical equipment pool. The vulnerability equipment pool. The vulnerability assessment should include an assessment assessment should include an assessment of the equipment, infrastructure, staff, of the equipment, infrastructure, staff, budget and financial resources of Member budget and financial resources of Member States as well as their contingency plans to States as well as their contingency plans to address possible crises at the external address possible crises at the external borders. Member States should take borders in full respect of fundamental measures to address any deficiencies rights. Member States should take identified in that assessment. The executive measures to address any deficiencies director should identify the measures to be identified in that assessment. The executive taken and recommend them to the Member director should identify the measures to be State concerned. The executive director taken and recommend them to the Member should also set a time-limit within which State concerned. The executive director those measures should be taken and closely should also set a time-limit within which
PE630.451v02-00 20/249 RR\1176810EN.docx EN
monitor their timely implementation. those measures should be taken and closely Where the necessary measures are not monitor their timely implementation. taken within the set time-limit, the matter Where the necessary measures are not should be referred to the management taken within the set time-limit, the matter board for a further decision. should be referred to the management board for a further decision.
Amendment 30
Proposal for a regulation Recital 38
Text proposed by the Commission Amendment
(38) The vulnerability assessment and (38) The vulnerability assessment and the Schengen evaluation mechanism the Schengen evaluation mechanism established by Council Regulation (EU) No established by Council Regulation (EU) No 1053/201320 are two complementary 1053/201320 are two complementary mechanisms for guaranteeing the European mechanisms for guaranteeing the European quality control on the proper functioning of quality control on the proper functioning of the Schengen area and ensuring the the Schengen area and ensuring the constant preparedness at the Union and constant preparedness at the Union and national levels to respond to any challenges national levels to respond to any challenges at the external borders. The synergies at the external borders. While the between those mechanisms should be Schengen evaluation mechanism is the maximised in view of establishing an primary method for evaluating the improved situational picture on the implementation of and compliance with functioning of the Schengen area, avoiding, Union legislation in the Member States, to the extent possible, duplication of efforts the synergies between those mechanisms on the Member States' side, and ensuring a should be maximised in view of better-coordinated use of the relevant establishing an improved situational Union financial instruments supporting the picture on the functioning of the Schengen management of the external borders. For area, avoiding, to the extent possible, that purpose a regular exchange of duplication of efforts on the Member information between the Agency and the States' side, and ensuring a better- Commission on the results of both coordinated use of the relevant Union mechanisms should be established. financial instruments supporting the management of the external borders. For that purpose a regular exchange of information between the Agency and the Commission on the results of both mechanisms should be established. ______20 Council Regulation (EU) No 1053/2013 20 Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an of 7 October 2013 establishing an evaluation and monitoring mechanism to evaluation and monitoring mechanism to verify the application of the Schengen verify the application of the Schengen
RR\1176810EN.docx 21/249 PE630.451v02-00 EN
acquis and repealing the Decision of the acquis and repealing the Decision of the Executive Committee of 16 September Executive Committee of 16 September 1998 setting up a Standing Committee on 1998 setting up a Standing Committee on the evaluation and implementation of the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27). Schengen (OJ L 295, 6.11.2013, p. 27).
Amendment 31
Proposal for a regulation Recital 39
Text proposed by the Commission Amendment
(39) Given that the Member States deleted establish border sections, to which the Agency attributes impact levels, and that the reaction capabilities of the Member States and of the Agency should be linked to those impact levels, a fourth impact level should be established, corresponding to a situation where the Schengen area is at risk and where the Agency should intervene.
Amendment 32
Proposal for a regulation Recital 40
Text proposed by the Commission Amendment
(40) The Agency should organise the (40) The Agency should organise the appropriate technical and operational appropriate technical and operational assistance to Member States in order to assistance to Member States in order to reinforce their capacity to implement their reinforce their capacity to implement their obligations with regard to the control of the obligations with regard to the control of the external borders and to face challenges at external borders and to face challenges at the external borders resulting from illegal the external borders resulting from immigration or cross-border crime. Such irregular migration or cross-border crime. assistance should be without prejudice to Such assistance should be without the relevant national authorities' prejudice to the relevant national competence to initiate criminal authorities' competence to initiate criminal investigations. In that respect, the Agency investigations. In that respect, the Agency should, at the request of a Member State or should, at the request of a Member State or on its own initiative, organise and on its own initiative with the agreement of coordinate joint operations for one or more the Member State concerned, organise and Member States and deploy teams from the coordinate joint operations for one or more
PE630.451v02-00 22/249 RR\1176810EN.docx EN
European Border and Coast Guard standing Member States and deploy teams from the corps as well as provide the necessary European Border and Coast Guard standing technical equipment. corps as well as provide the necessary technical equipment.
Amendment 33
Proposal for a regulation Recital 41
Text proposed by the Commission Amendment
(41) In cases where there is a specific (41) In cases where there is a specific and disproportionate challenge at the and disproportionate challenge at the external borders, the Agency should, at the external borders, the Agency should, at the request of a Member State or on its own request of a Member State or on its own initiative, organise and coordinate rapid initiative with the agreement of the border interventions and deploy both teams Member State concerned, organise and from the European Border and Coast coordinate rapid border interventions and Guard standing corps and technical deploy both teams from the European equipment, including from the Rapid Border and Coast Guard standing corps Reaction Equipment Pool. Rapid border and technical equipment, including from interventions should provide reinforcement the Rapid Reaction Equipment Pool. Rapid for a limited period of time in situations border interventions should provide where an immediate response is required reinforcement for a limited period of time and where such an intervention would in situations where an immediate response provide an effective response. To ensure is required and where such an intervention the effective operation of such would provide an effective response. To intervention, Member States should make ensure the effective operation of such operational staff of the European Border intervention, Member States should make and Coast Guard standing corps available operational staff of the European Border to form relevant teams and provide the and Coast Guard standing corps available necessary technical equipment. The to form relevant teams and provide the Agency and the Member State concerned necessary technical equipment. Where the should agree upon an operational plan. crew deployed with the technical equipment of a Member State originate from that Member State, the crew should count as part of that Member State’s contribution to the standing corps. The Agency and the Member State concerned should agree upon an operational plan.
Amendment 34
Proposal for a regulation Recital 42
RR\1176810EN.docx 23/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
(42) Where a Member State faces (42) Where a Member State faces specific and disproportionate migratory specific and disproportionate migratory challenges at particular areas of its external challenges at particular areas of its external borders characterised by large, inward, borders characterised by large, inward, mixed migratory flows the Member States mixed migratory flows the Member States should be able to rely on technical and should be able to rely on technical and operational reinforcements. Those operational reinforcements. Those reinforcements should be provided in reinforcements should be provided in hotspot areas by migration management hotspot areas by migration management support teams. Those teams should be support teams. Those teams should be composed of operational staff to be composed of operational staff to be deployed from the European Border and deployed from the European Border and Coast Guard standing corps and experts Coast Guard standing corps and experts from Member States deployed by EASO from Member States deployed by [the and, Europol or other relevant Union European Union Agency for Asylum] and, agencies. The Agency should assist the Europol or other relevant Union agencies. Commission in the coordination among the The Agency should assist the Commission different agencies on the ground. in the coordination among the different agencies on the ground. The Commission should, in cooperation with the host Member State and the relevant Union agencies, establish the terms of cooperation at the hotspot area and be responsible for the coordination of the activities of the migration management support teams.
Amendment 35
Proposal for a regulation Recital 43
Text proposed by the Commission Amendment
(43) Member States should ensure that (43) Member States should ensure that any authorities which are likely to receive any authorities which are likely to receive applications for international protection applications for international protection such as the police, border guards, such as the police, border guards, immigration authorities and personnel of immigration authorities and personnel of detention facilities have the relevant detention facilities have the relevant information. They should also ensure that information. They should also ensure that such authorities' personnel receive the such authorities' personnel receive the necessary level of training which is necessary level of training which is appropriate to their tasks and appropriate to their tasks and responsibilities and instructions to inform responsibilities and instructions to inform
PE630.451v02-00 24/249 RR\1176810EN.docx EN
applicants as to where and how applicants as to where and how applications for international protection applications for international protection may be lodged. may be lodged and instructions to as to how to refer persons in a vulnerable situation and unaccompanied children to the appropriate referral mechanisms. Monitoring mechanisms should be put in place as well as an independent evaluation to ensure the implementation in practice.
Amendment 36
Proposal for a regulation Recital 43 a (new)
Text proposed by the Commission Amendment
(43 a) The Agency should be able to provide and guarantee specialised training on European Integrated Border Management to its staff members and Member States’ authorities. Training of the standing corps should happen in close cooperation with the Member States, while ensuring that the training programmes are harmonised and fosters mutual understanding and a common European culture based on the values enshrined in the treaties. The development of the Agency`s training strategy, with the approval of the management board, could lead the way to the setting up of an Agency training centre to further facilitate the inclusion of a common European culture in the training provided.
Amendment 37
Proposal for a regulation Recital 44
Text proposed by the Commission Amendment
(44) In June 2018, the European Council (44) In June 2018, the European Council reconfirmed the importance of relying on a reconfirmed the importance of relying on a
RR\1176810EN.docx 25/249 PE630.451v02-00 EN
comprehensive approach to migration and comprehensive approach to migration and considered that migration is a challenge not considered that migration is a challenge not only for one Member State but for Europe only for one Member State but for Europe as a whole. In that respect, it highlighted as a whole. In that respect, it highlighted the importance for the Union to provide the importance for the Union to provide full support to ensure an orderly full support to ensure an orderly management of migration flows. That management of migration flows. support is possible through the establishment of controlled centres where third-country nationals disembarked in the Union could be rapidly processed to ensure access to protection of those in need, with swift returns for those who are not. Whereas controlled centres are to be established on a voluntary basis, it should be possible for the Union to provide the Member States in question with full financial and operational support through the relevant Union Agencies including the European Border and Coast Guard Agency.
Amendment 38
Proposal for a regulation Recital 45
Text proposed by the Commission Amendment
(45) The European Border and Coast (45) The European Border and Coast Guard Agency and the [European Union Guard Agency and the [European Union Agency for Asylum] should cooperate Agency for Asylum] should cooperate closely in order to address effectively the closely in order to address effectively the migratory challenges, in particular at the migratory challenges, in particular at the external borders characterised by large external borders characterised by large inward mixed migratory flows. In inward mixed migratory flows. In particular, both Agencies should coordinate particular, both Agencies should coordinate their activities and support Member States their activities and support Member States to facilitate the procedure for international to facilitate the procedure for international protection and the return procedure with protection. The Agency and [the European regard to third country nationals whose Union Agency for Asylum] should also application for international protection is cooperate in other common operational rejected. The Agency and [the European activities such as shared risk analysis, Union Agency for Asylum] should also collection of statistical data, training and cooperate in other common operational support to Member States on contingency activities such as shared risk analysis, planning. collection of statistical data, training and support to Member States on contingency
PE630.451v02-00 26/249 RR\1176810EN.docx EN
planning.
Amendment 39
Proposal for a regulation Recital 45 a (new)
Text proposed by the Commission Amendment
(45 a) The European Border and Coast Guard Agency should cooperate closely with the Fundamental Rights Agency to ensure fundamental rights are safeguarded in the implementation of all the areas covered by the Regulation.
Amendment 40
Proposal for a regulation Recital 46
Text proposed by the Commission Amendment
(46) Member States should be able to (46) Member States should be able to rely on increased operational and technical rely on increased operational and technical reinforcement by migration management reinforcement by migration management support teams in particular at hotspot support teams at hotspot areas. The areas or controlled centres. The migration migration management support teams management support teams should be should be composed of experts from the composed of experts from the staff of the staff of the Agency and experts seconded Agency and experts seconded by the by the Member States, and experts of the Member States, and experts of the staff staff of/or Member States' experts deployed of/or Member States' experts deployed by, by, the [European Agency for Asylum], the [European Agency for Asylum], Europol, the European Union Agency for Europol or other relevant Union agencies. Fundamental Rights or other relevant The Commission should ensure the Union agencies. The Commission should necessary coordination in the assessment ensure the necessary cooperation of the of needs and operations on the ground in relevant agencies and establish the terms view of the involvement of various Union of cooperation for the operations on the agencies. ground in view of the involvement of various Union agencies.
Amendment 41
Proposal for a regulation Recital 47
RR\1176810EN.docx 27/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
(47) In hotspot areas, the Member States (47) In hotspot areas, the Member States should cooperate with relevant Union should cooperate with relevant Union agencies which should act within their agencies which should act within their respective mandates and powers, and under respective mandates and powers, and under the coordination of the Commission. The the coordination of the Commission. The Commission, in cooperation with the Commission, in cooperation with the relevant Union agencies, should ensure that relevant Union agencies, should ensure that activities in hotspot areas comply with activities in hotspot areas comply with relevant Union law. relevant Union law and fundamental rights.
Amendment 42
Proposal for a regulation Recital 48
Text proposed by the Commission Amendment
(48) In controlled centres, Union deleted agencies should, at the request of the Member State hosting such centres and under the coordination of the Commission, act in support of the host Member State to apply rapid procedures for international protection and/or return. In such centres, it should be possible to distinguish quickly between third-country nationals in need of international protection and those who are not in need of such protection, to carry out security checks and to carry out the entire or part of the procedure for international protection and/or return.
Amendment 43
Proposal for a regulation Recital 49
Text proposed by the Commission Amendment
(49) When justified by the results of the (49) When justified by the results of the vulnerability assessment, risk analysis or vulnerability assessment or risk analysis, when a critical impact is attributed to one the executive Director of the Agency may
PE630.451v02-00 28/249 RR\1176810EN.docx EN
or more border sections, the executive recommend to the Member State concerned Director of the Agency should recommend to initiate and carry out joint operations or to the Member State concerned to initiate rapid border interventions. and carry out joint operations or rapid border interventions.
Amendment 44
Proposal for a regulation Recital 50
Text proposed by the Commission Amendment
(50) Where control of the external (50) Where control of the external border is rendered ineffective to such an border is rendered ineffective to such an extent that it risks jeopardising the extent that it risks jeopardising the functioning of the Schengen area, either functioning of the Schengen area, either because a Member State does not take the because a Member State does not take the necessary measures in line with a necessary measures in line with a vulnerability assessment or because a vulnerability assessment or because a Member State facing specific and Member State facing specific and disproportionate challenges at the external disproportionate challenges at the external borders has not requested sufficient support borders has not requested sufficient support from the Agency or is not implementing from the Agency or is not implementing such support, a unified, rapid and effective such support, a unified, rapid and effective response should be delivered at Union response should be delivered at Union level. For the purpose of mitigating these level. For the purpose of mitigating these risks, and to ensure better coordination at risks, and to ensure better coordination at Union level, the Commission should Union level, the Commission should identify the measures to be implemented propose to the Council a decision by the Agency and require the Member identifying the measures to be State concerned to cooperate with the implemented by the Agency and at the Agency in the implementation of those same time requiring the Member State measures. The Agency should then concerned to cooperate with the Agency in determine the actions to be taken for the the implementation of those measures. The practical execution of the measures implementing power to adopt such a indicated in the Commission decision. An decision should be conferred on the operational plan should be drawn up by the Council to decide because of the Agency together with the Member State potentially politically sensitive nature of concerned. The Member State concerned the measures, which are likely to touch on should facilitate the implementation of the national executive and enforcement Commission decision and the operational powers. The Agency should then determine plan by implementing among others its the actions to be taken for the practical obligations provided for in Articles 44, 83 execution of the measures indicated in the and 84. If a Member State does not comply Council decision. An operational plan within 30 days with that Commission should be drawn up by the Agency together decision and does not cooperate with the with the Member State concerned. The Agency in the implementation of the Member State concerned should facilitate
RR\1176810EN.docx 29/249 PE630.451v02-00 EN
measures contained in that decision, the the implementation of the Council decision Commission should be able to trigger the and the operational plan by implementing specific procedure provided for in Article among others its obligations provided for 29 of Regulation (EU) 2016/399 of the in Articles 44, 83 and 84. If a Member European Parliament and of the Council21 State does not comply within 30 days with to face exceptional circumstances putting that Council decision and does not the overall functioning of the area without cooperate with the Agency in the internal border control at risk. implementation of the measures contained in that decision, the Commission should be able to trigger the specific procedure provided for in Article 29 of Regulation (EU) 2016/399 of the European Parliament and of the Council21 to face exceptional circumstances putting the overall functioning of the area without internal border control at risk. ______21 Regulation (EU) 2016/399 of the 21 Regulation (EU) 2016/399 of the European Parliament and of the Council of European Parliament and of the Council of 9 March 2016 on a Union Code on the 9 March 2016 on a Union Code on the rules governing the movement of persons rules governing the movement of persons across borders (Schengen Borders Code) across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1). (OJ L 77, 23.3.2016, p. 1).
Amendment 45
Proposal for a regulation Recital 51
Text proposed by the Commission Amendment
(51) The European Border and Coast (51) The European Border and Coast Guard standing corps should be a standing Guard standing corps should be a standing corps composed of 10,000 operational corps composed of border guards, return staff being border guards, return escorts, escorts, return specialists, return and return specialists and other relevant staff. fundamental rights monitors and other The standing corps should be composed of relevant staff. The standing corps should be three categories of operational staff, composed of four categories of operational namely statutory staff members employed staff, namely statutory staff members by the European Border and Coast Guard employed by the European Border and Agency, staff seconded to the Agency by Coast Guard Agency, staff seconded to the the Member States for long term durations Agency by the Member States for long- and staff provided by Member States for term durations, staff provided by Member short term deployments. The European States for short-term deployments and Border and Coast Guard standing corps staff forming part of the rapid reaction should be deployed in the framework of pool for rapid border interventions. The border management teams, migration European Border and Coast Guard standing
PE630.451v02-00 30/249 RR\1176810EN.docx EN
management support teams or return corps should be deployed in the framework teams. of border management teams, migration management support teams or return teams.
Amendment 46
Proposal for a regulation Recital 52
Text proposed by the Commission Amendment
(52) The operational staff of the (52) The operational staff of the European Border and Coast Guard standing European Border and Coast Guard standing corps deployed as members of the teams corps deployed as members of the teams should have the all the necessary powers to should have all the necessary powers, carry out border control and return tasks, authorised by the host Member State or a including the tasks requiring executive third country, to carry out border control, powers defined in the relevant national fundamental rights monitoring and return laws or, for the staff of the Agency, in tasks, including the tasks requiring accordance with Annex V. executive powers defined in the relevant national laws or, for the staff of the Agency, in accordance with Annex V. Where statutory staff of the Agency exercise executive powers, the Agency should be liable for any damage caused.
Amendment 47
Proposal for a regulation Recital 54
Text proposed by the Commission Amendment
(54) The functioning of the European (54) The functioning of the European Border and Coast Guard standing corps Border and Coast Guard standing corps and its composition should be subject to a and its composition should be subject to a midterm review carried out by the review carried out by the Commission, Commission. together with the Member States.
Amendment 48
Proposal for a regulation Recital 55
RR\1176810EN.docx 31/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
(55) The long-term development of (55) The long-term development of human resources to secure the human resources to secure the contributions of the Member States to the contributions of the Member States to the European and Border Guard standing corps European and Border Guard standing corps should be supported by a financial support should be supported by a financial support system. For this purpose, it is appropriate system. For this purpose, it is appropriate to authorise the Agency to use the award of to authorise the Agency to use the award of grants to the Member States without a call grants to the Member States without a call for proposals under 'financing not linked to for proposals under 'financing not linked to costs' in accordance with Article 125 (1) costs' in accordance with Article 125 (1) (a) of Regulation (EU, Euratom) (a) of Regulation (EU, Euratom) 2018/1046. The financial support should 2018/1046. The financial support should enable Member States to hire and train enable Member States to hire and train additional staff to provide them with the additional staff to provide them with the necessary flexibility to comply with the necessary flexibility to comply with the mandatory contribution to the European mandatory contribution to the European and Border Guard standing corps. The and Border Guard standing corps. It should dedicated financing system should strike a be possible for the financial support to right balance between the risks of take the form of an advance payment irregularities and fraud and costs of preceding the annual payment. The control. The Regulation sets the essential dedicated financing system should strike a conditions triggering the financial support, right balance between the risks of namely the recruitment and training of the irregularities and fraud and costs of adequate number of border guards or other control. The Regulation sets the essential specialists corresponding to the number of conditions triggering the financial support, officers seconded to the Agency for long namely the recruitment and training of the term or the effective deployment of adequate number of border guards or other officers during the Agency's operational specialists corresponding to the number of activities for at least 4 months. Given the officers seconded to the Agency for long lack of relevant and comparable data on term or the effective deployment of actual costs across Member States, the officers during the Agency's operational development of a cost-based financing activities for a consecutive or non- scheme would be overly complex and consecutive period of at least 4 months or would not address the need for a simple, on a pro-rata basis for deployments for a fast, efficient and effective financing consecutive or a non-consecutive period scheme. For this purpose, it is appropriate of less than 4 months. Given the lack of to authorise the Agency to award grants to relevant and comparable data on actual the Member States without a call for costs across Member States, the proposals in the form of 'financing not development of a cost-based financing linked to costs' subject to the fulfilment of scheme would be overly complex and conditions in accordance with Article 125 would not address the need for a simple, (1) (a) of Regulation (EU, Euratom) fast, efficient and effective financing 2018/1046. For the purpose of fixing the scheme. For this purpose, it is appropriate amount of such financing to different to authorise the Agency to award grants to Member States, it is appropriate to use as the Member States without a call for as a reference amount the annual salary of proposals in the form of 'financing not
PE630.451v02-00 32/249 RR\1176810EN.docx EN
contractual agent Function Group III grade linked to costs' subject to the fulfilment of 8 step 1 of the European Institutions conditions in accordance with Article 125 modulated by a corrective coefficient per (1) (a) of Regulation (EU, Euratom) Member State in line with the sound 2018/1046. For the purpose of fixing the financial management principle and in the amount of such financing to different spirit of equal treatment. When Member States, it is appropriate to use as a implementing this financial support, the reference amount the annual salary of Agency and Member States shall ensure contractual agent Function Group III grade the compliance with the principles of co- 8 step 1 of the European Institutions financing and no double funding. modulated by a corrective coefficient per Member State in line with the sound financial management principle and in the spirit of equal treatment. When implementing this financial support, the Agency and Member States should ensure the compliance with the principles of co- financing and no double funding.
Amendment 49
Proposal for a regulation Recital 56
Text proposed by the Commission Amendment
(56) In view of deployment of the (56) In view of deployment of the European Border and Coast Guard standing European Border and Coast Guard standing corps in the territory of third countries, the corps in the territory of third countries, the Agency should develop the capabilities for Agency should develop the capabilities for its own command and control structures. its own command and control structures and appropriate procedure to ensure the civil and criminal accountability of the standing corps.
Amendment 50
Proposal for a regulation Recital 57
Text proposed by the Commission Amendment
(57) In order to allow for the effective (57) In order to allow for the effective deployments from the European Border deployments from the European Border and Coast Guard standing corps as of 1 and Coast Guard standing corps in line January 2020, certain decisions and with the deadlines laid down in Annex I implementing measures should be taken certain decisions and implementing and put in place as soon as possible. In measures should be taken and put in place
RR\1176810EN.docx 33/249 PE630.451v02-00 EN
particular, by way of derogation from the as soon as possible. In particular, by way normal deadline set in the Regulation, the of derogation from the normal deadline set decision of the Management Board as in the Regulation, the decision of the referred in Article 55 (4) on the profiles of Management Board as referred in Article the European Border and Coast Guard 55 (4) on the profiles of the European standing corps should be adopted within 6 Border and Coast Guard standing corps weeks of the entry into force of the should be adopted within 6 weeks of the Regulation. This decision should be entry into force of the Regulation. This followed by the nominations of the decision should be followed by the Member States provided for in Article 56 nominations of the Member States (4) and Article 57 (1) within 12 weeks of provided for in Article 56 (4) and Article the entry into force of the Regulation. 57 (1) within 12 weeks of the entry into force of the Regulation.
Amendment 51
Proposal for a regulation Recital 58
Text proposed by the Commission Amendment
(58) Also, by way of derogation from (58) Also, by way of derogation from the normal deadline set in the Regulation, the normal deadline set in the Regulation, the decision of the Management Board on the decision of the Management Board on the minimum number of items of technical the minimum number of items of technical equipment to meet the needs of the Agency equipment to meet the needs of the Agency in 2020 as referred in Article 64 (4) should as referred in Article 64 (4), by each of the be adopted within 6 weeks of the entry into deadlines laid down in Annex I as regards force of the Regulation. the composition of the standing corps should be adopted within 6 weeks of the entry into force of the Regulation.
Amendment 52
Proposal for a regulation Recital 59
Text proposed by the Commission Amendment
(59) At the same time, in order to ensure (59) At the same time, in order to ensure the continuity of the support for the continuity of the support for operational activities organised by the operational activities organised by the Agency, all the deployments until 31 Agency, all the deployments until 31 December 2019 should be planned and December 2019 should be planned and implemented, including under the Rapid implemented, including under the Rapid Reaction Pool, in accordance with Articles Reaction Pool, in accordance with Articles 20, 30 and 31 of Regulation (EU) 20, 30 and 31 of Regulation (EU)
PE630.451v02-00 34/249 RR\1176810EN.docx EN
2016/1624 and in accordance with the 2016/1624 and in accordance with the annual bilateral negotiations carried out in annual bilateral negotiations carried out in 2018. To that end, these provisions should 2018. To that end, these provisions should be only repealed with effect from 1 be only repealed once the standing corps January 2020. is operational with effect from two years from entry into force.
Amendment 53
Proposal for a regulation Recital 60
Text proposed by the Commission Amendment
(60) The Agency's workforce will (60) The Agency's workforce will consist of staff performing the tasks consist of staff performing the tasks devoted to the Agency, either in the devoted to the Agency, either in the Headquarters, or as part of the European Headquarters, or as part of the European Border and Coast Guard standing corps. Border and Coast Guard standing corps. The European Border and Coast Guard The European Border and Coast Guard standing corps may comprise statutory staff standing corps may comprise statutory staff as well as staff seconded for long duration as well as staff seconded for long duration or provided for short term deployment by or provided for short-term deployment by national authorities. Statutory staff within national authorities and the rapid reaction the European Border and Coast Guard pool. Statutory staff within the European standing corps will primarily be deployed Border and Coast Guard standing corps as members of the teams; only a limited will primarily be deployed as members of and clearly defined part of this staff may be the teams; only a limited and clearly recruited to perform supportive functions defined part of this staff may be recruited for the establishment of the standing corps, to perform supportive functions for the notably at headquarters. establishment of the standing corps, notably at headquarters.
Amendment 54
Proposal for a regulation Recital 61
Text proposed by the Commission Amendment
(61) To overcome the persistent gaps in (61) To overcome the persistent gaps in the voluntary pooling of technical the voluntary pooling of technical equipment from Member States, in equipment from Member States, in particular as regards large-scale assets, the particular as regards large-scale assets, the Agency should have its own necessary Agency should have its own necessary equipment to be deployed in joint equipment to be deployed in joint operations or rapid border interventions or operations or rapid border interventions or
RR\1176810EN.docx 35/249 PE630.451v02-00 EN
any other operational activities. While the any other operational activities. Those Agency has been legally able to acquire or assets should be authorised by the lease its own technical equipment since Member States as being on government 2011, this possibility was significantly service. While the Agency has been legally hindered by the lack of budgetary able to acquire or lease its own technical resources. equipment since 2011, this possibility was significantly hindered by the lack of budgetary resources.
Amendment 55
Proposal for a regulation Recital 62
Text proposed by the Commission Amendment
(62) Consequently, in order to match the (62) Consequently, in order to match the level of ambition underlying the level of ambition underlying the establishment of the European Border and establishment of the European Border and Coast Guard standing corps, the Coast Guard standing corps, the Commission earmarked a significant Commission earmarked a significant envelope under the 2021-2027 multiannual envelope under the 2021-2027 multiannual financial framework to allow the Agency financial framework to allow the Agency to acquire, maintain and operate the to acquire, maintain and operate the necessary air, sea and land assets necessary air, sea and land assets corresponding to the operational needs. corresponding to the operational needs. While the acquisition of the necessary While the acquisition of the necessary assets could be a lengthy process, assets could be a lengthy process, especially for large assets, the Agency's especially for large assets, the Agency's own equipment should ultimately become own equipment should ultimately become the backbone of the operational the backbone of the operational deployments with additional contributions deployments with additional contributions of Member States to be called upon in of Member States to be called upon in exceptional circumstances. The Agency's exceptional circumstances. The crew equipment should be largely operated by deployed with the technical equipment of the Agency's technical crews being part of a Member State, even in exceptional the .European Border and Coast Guard circumstances, should count as part of standing corps. In order to ensure the that particular Member State’s effective use of the proposed financial contribution to the standing corps. The resources, the process should be based on a Agency's equipment should be largely multiannual strategy decided as early as operated by the Agency's technical crews possible by the management board. being part of the .European Border and Coast Guard standing corps. In order to ensure the effective use of the proposed financial resources, the process should be based on a multiannual strategy decided as early as possible by the management board. It is necessary to ensure the sustainability
PE630.451v02-00 36/249 RR\1176810EN.docx EN
of the Agency by means of future multiannual financial frameworks and to maintain comprehensive European Integrated Border Management.
Amendment 56
Proposal for a regulation Recital 64
Text proposed by the Commission Amendment
(64) The long-term development of new (64) The long-term development of new capabilities within the European Border capabilities within the European Border and Coast Guard should be coordinated and Coast Guard should be coordinated between the Member States and the between the Member States and the Agency in line with the multiannual Agency in line with the multiannual strategic policy cycle, taking into account strategic policy cycle, taking into account the long duration of certain processes. This the long duration of certain processes. This includes the recruitment and training of includes the recruitment and training, new border guards, (which could during including on fundamental rights and the their career serve both in Member States implementation of the complaints and as part of the standing corps), the mechanism and fundamental rights acquisition, maintenance and disposal of strategy, of new border guards, (which equipment (for which opportunities for could during their career serve both in interoperability and economies of scale Member States and as part of the standing should be sought) but also the development corps), the acquisition, maintenance and of new equipment and related technologies disposal of equipment (for which including through research. opportunities for interoperability and economies of scale should be sought) but also the development of new equipment and related technologies including through research.
Amendment 57
Proposal for a regulation Recital 67
Text proposed by the Commission Amendment
(67) The return of third-country (67) The return of third-country nationals who do not fulfil or no longer nationals who do not fulfil or no longer fulfil the conditions for entry, stay or fulfil the conditions for entry, stay or residence in the Member States, in residence in the Member States, in accordance with Directive 2008/115/EC of accordance with Directive 2008/115/EC of the European Parliament and of the the European Parliament and of the
RR\1176810EN.docx 37/249 PE630.451v02-00 EN
Council22 , is an essential component of the Council22 , is an essential component of the comprehensive efforts to tackle illegal comprehensive efforts to tackle irregular immigration and represents an important migration and represents an important issue of substantial public interest. issue of substantial public interest. ______22 Directive 2008/115/EC of the European 22 Directive 2008/115/EC of the European Parliament and of the Council of 16 Parliament and of the Council of 16 December 2008 on common standards and December 2008 on common standards and procedures in Member States for returning procedures in Member States for returning illegally staying third-country nationals illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98). (OJ L 348, 24.12.2008, p. 98).
Amendment 58
Proposal for a regulation Recital 68
Text proposed by the Commission Amendment
(68) The Agency should step up its (68) The Agency should step up its assistance to Member States for returning assistance to Member States for returning third-country nationals, subject to the third-country nationals, subject to the Union return policy and in compliance Union return policy and in compliance with Directive 2008/115/EC. In particular, with Directive 2008/115/EC. In particular, it should coordinate and organise return it should coordinate and organise return operations from one or more Member operations from one or more Member States and organise and conduct return States and, upon request of a Member interventions to reinforce the return State, organise and conduct return systems of Member States requiring interventions to reinforce the return increased technical and operational systems of Member States requiring assistance to comply with their obligation increased technical and operational to return third-country nationals in assistance to comply with their obligation accordance with that Directive. to return third-country nationals in accordance with that Directive.
Amendment 59
Proposal for a regulation Recital 69
Text proposed by the Commission Amendment
(69) The Agency should, in full respect (69) The Agency should, in full respect for fundamental rights and without for fundamental rights and without prejudice for the Member States’ prejudice for the Member States’ responsibility for issuing return decisions, responsibility for issuing return decisions,
PE630.451v02-00 38/249 RR\1176810EN.docx EN
provide technical and operational provide technical and operational assistance to Member States in the return assistance to Member States in the return process, including the preparation of process, including, identification of third return decisions, identification of third country nationals and other pre-return and country nationals and other pre-return and return-related activities of the Member return-related activities of the Member States. In addition, the Agency should States. In addition, the Agency should assist Member States in the acquisition of assist Member States in the acquisition of travel documents for return, where that travel documents for return, in cooperation does not violate the principle of non- with the authorities of the relevant third refoulement, in cooperation with the countries. authorities of the relevant third countries.
Amendment 60
Proposal for a regulation Recital 70
Text proposed by the Commission Amendment
(70) The assistance to Member States in (70) The assistance to Member States in carrying out return procedures should carrying out return procedures should include the provision of practical include the provision of practical information on third countries of return information on third countries of return relevant for the implementation of this relevant for the implementation of this Regulation, such as the provision of Regulation, such as the provision of contact details or other logistical contact details or other logistical information necessary for the smooth information necessary for the smooth and conduct of return operations. The dignified conduct of return operations. The assistance should also include setting up, assistance should also include the operating and maintaining a central operation and maintenance of the existing system for processing all information and Integrated Return Management data necessary for the Agency to provide Application (IRMA) which is already technical and operational assistance in managed by the Agency as a platform for accordance with the Regulation, processing all information and data automatically communicated by the necessary for the Agency to provide Member States’ national return technical and operational assistance in management systems. accordance with the Regulation, automatically communicated by the Member States’ national return management systems.
Amendment 61
Proposal for a regulation Recital 71
RR\1176810EN.docx 39/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
(71) The Agency should also provide deleted technical and operational assistance to return activities of third countries, in particular when such assistance is justified by the priorities of the irregular migration policy of the Union.
Amendment 62
Proposal for a regulation Recital 72
Text proposed by the Commission Amendment
(72) The possible existence of an (72) The possible existence of an arrangement between a Member State and arrangement between a Member State and a third country does not absolve the a third country does not absolve the Agency or the Member States from their Agency or the Member States from their obligations under Union or international obligations or liability under Union or law, in particular as regards compliance international law, in particular as regards with the principle of non-refoulement. compliance with the principle of non- refoulement, the prohibition on torture and on inhumane or degrading treatment as well as fundamental rights as enshrined under International and European law.
Amendment 63
Proposal for a regulation Recital 73
Text proposed by the Commission Amendment
(73) Member States should be able to (73) Member States should be able to cooperate at operational level with other cooperate at operational level with other Member States and/or third countries at the Member States and/or third countries at the external borders, including military external borders, including military operations with a law enforcement operations with a law enforcement purpose, to the extent that that cooperation purpose, to the extent that that cooperation is compatible with the actions of the is compatible with a fundamental rights Agency. assessment to be carried out prior to any cooperation with third countries and the actions of the Agency.
PE630.451v02-00 40/249 RR\1176810EN.docx EN
Amendment 64
Proposal for a regulation Recital 74
Text proposed by the Commission Amendment
(74) The Agency should improve the (74) The Agency should improve the exchange of information and the exchange of information and the cooperation with other Union bodies, cooperation with other Union bodies, offices and agencies, such as EUROPOL, offices and agencies, such as EUROPOL, EASO, the European Maritime Safety [the European Union Agency for Agency and the European Union Satellite Asylum], the European Maritime Safety Centre, the European Aviation Safety Agency and the European Union Satellite Agency or the Network Manager for the Centre, the European Aviation Safety European Air Traffic Management in order Agency or the Network Manager for the to make best use of information, European Air Traffic Management in order capabilities and systems which are already to make best use of information, available at European level, such as the capabilities and systems which are already European Earth monitoring programme available at European level, such as the Copernicus. European Earth monitoring programme Copernicus.
Amendment 65
Proposal for a regulation Recital 75
Text proposed by the Commission Amendment
(75) Cooperation with third countries is (75) Cooperation with third countries, an element of European Integrated Border following the conclusion of a status Management. It should serve to promote agreement between the Union and the European border management and return third country concerned, is an important standards, to exchange information and element of European Integrated Border risk analysis, to facilitate the Management. It should serve to promote implementation of returns with a view to European border management and return increasing their efficiency and to support standards, to exchange information and third countries in the area of border risk analysis, to facilitate the management and migration, including the implementation of returns with a view to deployment of the European Border and increasing their efficiency and to support Coast Guard standing corps when such third countries in the area of border support is required to protect external management and migration, including the borders and the effective management of deployment of the European Border and the Union’s migration policy. Coast Guard standing corps when such support is required to protect external borders and the effective management of the Union’s migration policy.
RR\1176810EN.docx 41/249 PE630.451v02-00 EN
Amendment 66
Proposal for a regulation Recital 76
Text proposed by the Commission Amendment
(76) Cooperation with third countries (76) Cooperation with third countries should take place in the framework of the should take place in the framework of the external action of the Union and in line external action of the Union, and in line with the principles and objectives of with the principles and objectives of Article 21 of the Treaty on European Article 21 of the Treaty on European Union. The Commission will ensure Union and subject to the carrying out of a consistency between the European fundamental rights assessment prior to Integrated Border Management and other commencing such cooperation. The Union policies in the field of the Union’s Commission will ensure consistency external action and in particular the between the European Integrated Border Common Security and Defence Policy. The Management and other Union policies in Commission should be assisted by the the field of the Union’s external action and High Representative of the Union and his in particular the Common Security and or her services. Such cooperation should Defence Policy. The Commission should apply in particular to the activities of the be assisted by the High Representative of Agency taking place on the territory of the Union and his or her services. Such third countries or involving third country cooperation should apply in particular to officials in areas such as risk analysis, the activities of the Agency taking place on planning and conduct of operations, the territory of third countries or involving training, information exchange and third country officials in areas such as risk cooperation. analysis, planning and conduct of operations, training, information exchange and cooperation.
Amendment 67
Proposal for a regulation Recital 83
Text proposed by the Commission Amendment
(83) During the transitional period, it (83) During the transitional period, it should be ensured that the FADO system is should be ensured that the FADO system is fully operational until the transfer is fully operational until the transfer is effectively carried out and the existing data effectively carried out and the existing data are transferred to the new system. The are transferred to the new system. The ownership of the existing data should then control over the existing data should then be transferred to the Agency. be transferred to the Agency.
PE630.451v02-00 42/249 RR\1176810EN.docx EN
Amendment 68
Proposal for a regulation Recital 86
Text proposed by the Commission Amendment
(86) In order to properly implement its (86) In order to properly implement its tasks in the area of return, including by tasks in the area of return, including by assisting Member States in the proper assisting Member States in the proper implementation of return procedures and implementation of return procedures and successful enforcement of return decisions, successful enforcement of return decisions, as well as to facilitate return operations, the as well as to facilitate return operations, the Agency may need to transfer personal data Agency may need to transfer personal data of returnees to third countries. The third of returnees to third countries. The third countries of return are not often subject to countries of return are not often subject to adequacy decisions adopted by the adequacy decisions adopted by the Commission under Article 45 of Commission under Article 45 of Regulation (EU) 2016/679, or under Regulation (EU) 2016/679, or under Article 36 of Directive (EU) 2016/680, and Article 36 of Directive (EU) 2016/680, and have often not concluded or do not intend have often not concluded or do not intend to conclude a readmission agreement with to conclude a readmission agreement with the Union or otherwise provide for the Union or otherwise provide for appropriate safeguards within the meaning appropriate safeguards within the meaning of Article 49 of [Regulation (EU) 45/2001] of Article 69 of Regulation (EU) or within the meaning of the national 2018/1725 or within the meaning of the provisions transposing Article 37 of national provisions transposing Article 37 Directive (EU) 2016/680. However, of Directive (EU) 2016/680. However, despite the extensive efforts of the Union despite the extensive efforts of the Union in cooperating with the main countries of in cooperating with the main countries of origin of illegally staying third-country origin of irregularly staying third-country nationals subject to an obligation to return, nationals subject to an obligation to return, it is not always possible to ensure such it is not always possible to ensure such third countries systematically fulfil the third countries systematically fulfil the obligation established by international law obligation established by international law to readmit their own nationals. to readmit their own nationals. Readmission agreements, concluded or Readmission agreements, concluded or being negotiated by the Union or the being negotiated by the Union or the Member States and providing for Member States and providing for appropriate safeguards for personal data, appropriate safeguards for personal data, cover a limited number of such third cover a limited number of such third countries. In the situation where such countries. In the situation where such agreements do not yet exist, personal data agreements do not yet exist, personal data should be transferred by the Agency for the should be transferred by the Agency for the purposes of facilitating the return purposes of facilitating the return operations of the Union, when the operations of the Union. conditions laid down in Article 49(1)(d) of [Regulation (EU) 45/2001] are met.
RR\1176810EN.docx 43/249 PE630.451v02-00 EN
Amendment 69
Proposal for a regulation Recital 88
Text proposed by the Commission Amendment
(88) This Regulation should establish a (88) This Regulation should establish a complaints mechanism for the Agency in complaints mechanism for the Agency in cooperation with the fundamental rights cooperation with the fundamental rights officer, to safeguard the respect for officer, to safeguard the respect for fundamental rights in all the activities of fundamental rights in all the activities of the Agency. This should be an the Agency. This should be an administrative mechanism whereby the administrative mechanism whereby the fundamental rights officer should be fundamental rights officer should be responsible for handling complaints responsible for handling complaints received by the Agency in accordance with received by the Agency in accordance with the right to good administration. The the right to good administration. The fundamental rights officer should review fundamental rights officer should review the admissibility of a complaint, register the admissibility of a complaint, register admissible complaints, forward all admissible complaints, forward all registered complaints to the executive registered complaints to the executive director, forward complaints concerning director, forward complaints concerning members of the teams to the home Member members of the teams to the home Member State, and register the follow-up by the State, and register the follow-up by the Agency or that Member State. The Agency or that Member State. The mechanism should be effective, ensuring mechanism should be effective, ensuring that complaints are properly followed up. that complaints are properly followed up. The complaints mechanism should be The complaints mechanism should be without prejudice to access to without prejudice to access to administrative and judicial remedies and administrative and judicial remedies and not constitute a requirement for seeking not constitute a requirement for seeking such remedies. Criminal investigations such remedies. Criminal investigations should be conducted by the Member States. should be conducted by the Member States. In order to increase transparency and In order to increase transparency and accountability, the Agency should report accountability, the Agency should report on the complaints mechanism in its annual on the complaints mechanism in its annual report. It should cover in particular the report. It should cover in particular the number of complaints it has received, the number of complaints it has received, the types of fundamental rights violations types of fundamental rights violations involved, the operations concerned and, involved, the operations concerned and, where possible, the follow-up measures where possible, the follow-up measures taken by the Agency and Member States. taken by the Agency and Member States. The Fundamental Rights Officer should The Fundamental Rights Officer should have access to all information concerning have access to all information concerning respect for fundamental rights in relation to respect for fundamental rights in relation to all the activities of the Agency. all the activities of the Agency. The fundamental rights officer should be provided with the resources and staff
PE630.451v02-00 44/249 RR\1176810EN.docx EN
necessary to enable him or her to effectively perform all the tasks in accordance with this Regulation. The staff provided to the fundamental rights officer should have the skills and seniority that correspond to the expansion of activities and powers of the Agency. Any regular or extraordinary increase in staff allocated to the Agency should be directed in support of the fundamental rights officer.
Amendment 70
Proposal for a regulation Recital 90
Text proposed by the Commission Amendment
(90) The Commission and the Member (90) The European Parliament, the States should be represented within a Commission and the Member States should management board to exercise oversight be represented within a management board over the Agency. The management board to exercise oversight over the Agency. The should, where possible, consist of the management board should, where possible, operational heads of the national services consist of the operational heads of the responsible for border guard management national services responsible for border or their representatives. The parties guard management or their representatives. represented in the management board The parties represented in the management should make efforts to limit turnover of board should make efforts to limit turnover their representatives in order to ensure of their representatives in order to ensure continuity of the management board's continuity of the management board's work. The management board should be work. The representatives nominated by entrusted with the necessary powers to the Member States should have establish the Agency's budget, verify its knowledge of the political positions in execution, adopt appropriate financial their respective countries on European rules, establish transparent working Integrated Border Management. The procedures for decision-making by the management board should be entrusted Agency and appoint the executive director with the necessary powers to establish the and three deputy executive directors each Agency's budget, verify its execution, of whom could be assigned responsibilities adopt appropriate financial rules, establish in a certain field of competences of the transparent working procedures for Agency, such as managing the European decision-making by the Agency and Border and Coast Guard standing Corps, appoint the executive director and three overseeing the Agency’s tasks regarding deputy executive directors each of whom returns or managing the involvement in the could be assigned responsibilities in a large scale IT systems. The Agency should certain field of competences of the Agency, be governed and operated taking into such as managing the European Border and account the principles of the common Coast Guard standing Corps, overseeing
RR\1176810EN.docx 45/249 PE630.451v02-00 EN
approach on Union decentralised agencies the Agency’s tasks regarding returns or adopted on 19 July 2012 by the European managing the involvement in the large Parliament, the Council and the scale IT systems. The Agency should be Commission. governed and operated taking into account the principles of the common approach on Union decentralised agencies adopted on 19 July 2012 by the European Parliament, the Council and the Commission.
Amendment 71
Proposal for a regulation Recital 91
Text proposed by the Commission Amendment
(91) In order to guarantee the autonomy (91) In order to guarantee the autonomy of the Agency, it should be granted a stand- of the Agency, it should be granted a stand- alone budget with a revenue which comes alone budget with a revenue which comes mostly from a contribution from the Union. mostly from a contribution from the Union. The Union budgetary procedure should be The Agency’s budget should be prepared applicable as far as the Union contribution in accordance with the principle of and any other subsidies chargeable to the performance-based budgeting, taking into general budget of the Union are concerned. account the Agency’s objectives and the The auditing of accounts should be expected results of its tasks. The Union undertaken by the Court of Auditors. budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors. In exceptional situations where the available budget is deemed insufficient and the budgetary procedure does not allow adequate response to a fast developing situations the Agency should have the possibility to receive grants from Union funds to fulfil its tasks.
Amendment 72
Proposal for a regulation Recital 92 a (new)
PE630.451v02-00 46/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
(92 a) Under the assumption of shared responsibility, the Agency should require the staff it employs, in particular the standing corps, including the statutory staff deployed in operational activities, to possess the same level of training, special expertise and professionalism as staff seconded or employed by the Member States. Therefore, the Agency should ascertain, by means of review and evaluation, that its statutory staff conduct themselves properly when it comes to operational activities in the field of border control and return.
Amendment 73
Proposal for a regulation Recital 93
Text proposed by the Commission Amendment
(93) In view of the Agency's mandate (93) In view of the Agency's mandate and the important mobility of its staff and the important mobility of its staff members on the one hand, and, in order to members on the one hand, and, in order to prevent differences of treatment within the prevent differences of treatment within the Agency's staff on the other hand, whereas Agency's staff on the other hand, whereas staff's place of employment should in staff's place of employment should in principle be set as Warsaw, the Agency's principle be set as Warsaw, the Agency's management board should, for a period of management board should, for a period of five years following the entry into force of five years following the entry into force of this Regulation, be given the possibility to this Regulation, be given the possibility to grant a "differential" monthly payment to grant a "differential" monthly payment to Agency's staff members, taking due Agency's staff members when faced with account of the overall remuneration difficulties in achieving its mission and received by individual staff members, tasks as set out in this Regulation. The including reimbursements of mission modalities for granting such payment expenses. The modalities for granting such should be subject to prior approval by the payment should be subject to prior Commission that should ensure that they approval by the Commission that should remain proportionate to the importance of ensure that they remain proportionate to the objectives pursued and do not give rise the importance of the objectives pursued to unequal treatment among staff of EU and do not give rise to unequal treatment institutions, agencies and other bodies. among staff of EU institutions, agencies Those modalities should be reviewed by and other bodies. Those modalities should 2024 to assess the payment's contribution
RR\1176810EN.docx 47/249 PE630.451v02-00 EN
be reviewed by 2024 to assess the to the objectives pursued. payment's contribution to the objectives pursued.
Amendment 74
Proposal for a regulation Recital 98
Text proposed by the Commission Amendment
(98) Any processing of personal data by (98) Any processing of personal data by the Agency within the framework of this the Agency within the framework of this Regulation should be conducted in Regulation should be conducted in accordance with Regulation (EC) No accordance with Regulation (EU) 45/2001. 2018/1725 of the European Parliament and of the Council1a. ______1a Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
Amendment 75
Proposal for a regulation Recital 113 a (new)
Text proposed by the Commission Amendment
(113 a) As regards Bulgaria and Romania, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2005 Act of Accession and should be read in conjunction with Council Regulation (EC) No 2007/20041a. ______
PE630.451v02-00 48/249 RR\1176810EN.docx EN
1a Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1).
Amendment 76
Proposal for a regulation Recital 113 b (new)
Text proposed by the Commission Amendment
(113 b) As regards Croatia, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2011 Act of Accession and should be read in conjunction with Council Regulation (EC) No 2007/20041a. ______1a Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1 and OJ L 153M, 7.6.2006, p. 136).
Amendment 77
Proposal for a regulation Article 1 – paragraph 1
Text proposed by the Commission Amendment
This Regulation establishes a European This Regulation establishes a European Border and Coast Guard to ensure Border and Coast Guard to ensure European Integrated Border Management European Integrated Border Management at the external borders with a view to at the external borders of the Union with a managing the crossing of those external view to support the capacity of Member borders efficiently, as well as increasing States to manage those borders efficiently, the efficiency of the common return policy ensuring the saving of lives of persons in as a key component of sustainable distress, as well as ensuring compliance
RR\1176810EN.docx 49/249 PE630.451v02-00 EN
migration management. with fundamental rights and increasing the efficiency of the common return policy.
Amendment 78
Proposal for a regulation Article 1 – paragraph 2
Text proposed by the Commission Amendment
The Regulation addresses migratory This Regulation addresses migratory and challenges, including return, and potential security challenges and potential future future threats at those borders, thereby challenges and threats at the external contributing to addressing serious crime borders and the pre-frontier area thereby with a cross-border dimension, to ensure a contributing to addressing serious crime high level of internal security within the with a cross-border dimension, to ensure a Union in full respect for fundamental high level of internal security within the rights, while safeguarding the free Union in full respect for fundamental movement of persons within it. rights, while safeguarding the free movement of persons within it.
Amendment 79
Proposal for a regulation Article 2 – paragraph 1 – point 1
Text proposed by the Commission Amendment
(1) ‘external borders’ means external (1) ‘external borders’ means the borders as defined in point 2 of Article 2 of external borders of the Union as defined in Regulation (EU) 2016/399, to which Title point 2 of Article 2 of Regulation (EU) II of that Regulation applies; 2016/399, to which Title II of that Regulation applies;
Amendment 80
Proposal for a regulation Article 2 – paragraph 1 – point 10
Text proposed by the Commission Amendment
(10) ‘situational picture’ means an (10) ‘situational picture’ means an aggregation of geo-referenced near-real- aggregation of geo-referenced near-real- time data and information received from time data and information received from different authorities, sensors, platforms and different authorities, sensors, platforms and other sources, which is transmitted across other sources, which is transmitted across
PE630.451v02-00 50/249 RR\1176810EN.docx EN
secured communication and information secured communication and information channels and can be processed and channels and can be processed and selectively displayed and shared with other selectively displayed and shared with other relevant authorities in order to achieve relevant authorities in the Union in order situational awareness and support the to achieve situational awareness and reaction capability at, along or in proximity support the reaction capability at, along or of the external borders and the pre-frontier in proximity of the external borders and the area; pre-frontier area;
Amendment 81
Proposal for a regulation Article 2 – paragraph 1 – point 13
Text proposed by the Commission Amendment
(13) ‘pre-frontier area’ means the (13) ‘pre-frontier area’ means the geographical area beyond the external geographical area beyond the external borders; borders which is relevant for risk analysis, border surveillance and checks at external border crossing points;
Amendment 82
Proposal for a regulation Article 2 – paragraph 1 – point 13 a (new)
Text proposed by the Commission Amendment
(13 a) Neighbouring country means a country which shares a common land border with one or more Member States and which have ratified and implemented in full the European Convention on Human Rights and the 1951 Convention Relating to the Statues of Refugees and the 1967 Protocol thereto;
Amendment 83
Proposal for a regulation Article 2 – paragraph 1 – point 14
Text proposed by the Commission Amendment
(14) ‘incident’ means a situation relating (14) ‘incident’ means a situation relating
RR\1176810EN.docx 51/249 PE630.451v02-00 EN
to illegal immigration, cross-border crime to irregular migration, cross-border crime, or a risk to the lives of migrants at, along such as drugs or weapons smuggling, or a or in the proximity of, the external borders; risk to the lives of migrants at, along or in the proximity of, the external borders;
Amendment 84
Proposal for a regulation Article 2 – paragraph 1 – point 16
Text proposed by the Commission Amendment
(16) ‘operational staff' means border (16) ‘operational staff' means border guards, return escorts, return specialists guards, return escorts, return specialists, and other relevant staff constituting the return monitors, statutory staff "European Border and Coast Guard responsible for the functioning of the standing corps". In accordance with the central unit of ETIAS and other relevant three categories defined under Article staff that constitute the "European Border 55(1), operational staff is either employed and Coast Guard standing corps" in by the European Border and Coast Guard accordance with the four categories set out Agency as statutory staff (category 1), in Article 55(1); operational staff is either seconded to the Agency by the Member employed by the European Border and States (category 2) or provided for short Coast Guard Agency as statutory staff term deployment by the Member States (category 1), seconded to the Agency by (category 3). Operational staff is to act as the Member States (category 2), or members of border management teams, provided for short-term deployment by the migration management support teams or Member States (category 3) or deployed return teams having executive powers. from the rapid reaction pool for rapid Operational staff also includes the border interventions (category 4); statutory staff responsible for the functioning of the central unit of ETIAS;
Amendment 85
Proposal for a regulation Article 2 – paragraph 1 – point 19
Text proposed by the Commission Amendment
(19) ‘migration management support (19) ‘migration management support team’ means a team of experts which team’ means a team of experts which provide technical and operational provide technical and operational reinforcement to Member States, including reinforcement to Member States, including at hotspot areas or in controlled centres, at hotspot areas, composed of operational composed of operational staff from the staff from the European Border and Coast European Border and Coast Guard standing Guard standing corps, experts deployed by corps, experts deployed by the [the the [the European Union Agency for
PE630.451v02-00 52/249 RR\1176810EN.docx EN
European Union Agency for Asylum], and Asylum], and from Europol, the European from Europol, or other relevant Union Union Agency for Fundamental Rights or agencies as well as from Member States; other relevant Union agencies as well as from Member States;
Amendment 86
Proposal for a regulation Article 2 – paragraph 1 – point 23
Text proposed by the Commission Amendment
(23) ‘hotspot area’ means an area in (23) ‘hotspot area’ means an area which the host Member State, the created at the request of the host Member Commission, relevant Union agencies and State in which the host Member State, the participating Member States cooperate, Commission, relevant Union agencies and with the aim of managing an existing or participating Member States cooperate, potential disproportionate migratory with the aim of managing an existing or challenge characterised by a significant potential disproportionate migratory increase in the number of migrants arriving challenge characterised by a significant at the external borders; increase in the number of migrants arriving at the external borders;
Amendment 87
Proposal for a regulation Article 2 – paragraph 1 – point 24
Text proposed by the Commission Amendment
(24) ‘controlled centre’ means a centre, deleted established at the request of the Member State, where relevant Union agencies in support of the host Member State and with participating Member States, distinguish between third-country nationals in need of international protection and those who are not in need of such protection, as well as carry out security checks and where they apply rapid procedures for international protection and/or return;
Amendment 88
Proposal for a regulation
RR\1176810EN.docx 53/249 PE630.451v02-00 EN
Article 2 – paragraph 1 – point 26
Text proposed by the Commission Amendment
(26) ‘return decision’ means return (26) ‘return decision’ means an decision as defined in point 4 of Article 3 administrative or judicial decision or act, of Directive 2008/115/EC; stating or declaring the stay of a third- country national to be irregular and imposing or stating an obligation to return in accordance with Directive 2008/115/EC as defined in point 4 of Article 3 of Directive 2008/115/EC;
Amendment 89
Proposal for a regulation Article 2 – paragraph 1 – point 27
Text proposed by the Commission Amendment
(27) ‘returnee’ means an illegally (27) ‘returnee’ means an irregularly staying third-country national who is the staying third-country national who is the subject of a return decision or its subject of a return decision that is not equivalent in a third country; under appeal;
Amendment 90
Proposal for a regulation Article 2 – paragraph 1 – point 28
Text proposed by the Commission Amendment
(28) ‘return operation’ means an (28) ‘return operation’ means an operation that is organised or coordinated operation that is organised or coordinated by the European Border and Coast Guard by the European Border and Coast Guard Agency and involves technical and Agency and involves technical and operational reinforcement provided to one operational reinforcement provided to one or more Member States or to a third or more Member States, under which country, under which returnees from one returnees from one or more Member States or more Member States or from a third are returned, either on a forced or country are returned, either on a forced or voluntary basis, irrespective of the means voluntary basis, irrespective of the means of transport; of transport;
Amendment 91
PE630.451v02-00 54/249 RR\1176810EN.docx EN
Proposal for a regulation Article 2 – paragraph 1 – point 29
Text proposed by the Commission Amendment
(29) ‘return intervention’ means an (29) ‘return intervention’ means an activity of the European Border and Coast activity of the European Border and Coast Guard Agency providing Member States or Guard Agency providing Member States third countries with enhanced technical with enhanced technical and operational and operational assistance consisting of the assistance consisting of the deployment of deployment of return teams and the return teams and the organisation of return organisation of return operations; operations;
Amendment 92
Proposal for a regulation Article 2 – paragraph 1 – point 30
Text proposed by the Commission Amendment
(30) ‘return teams’ means teams formed (30) ‘return teams’ means teams formed from the European Border and Coast from the European Border and Coast Guard standing corps to be deployed Guard standing corps to be deployed during return operations, return during return operations, return interventions in Member States and third interventions in Member States or other countries or other operational activities operational activities linked to the linked to the implementation of return- implementation of return-related tasks; related tasks;
Amendment 93
Proposal for a regulation Article 3 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
European Integrated Border Management European Integrated Border Management shall consist of the following components: shall consist of sectoral and horizontal components. The sectoral components are:
Amendment 94
Proposal for a regulation Article 3 – paragraph 1 – point a
RR\1176810EN.docx 55/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
(a) border control, including measures (a) border control, including measures to facilitate legitimate border crossings to facilitate legitimate border crossings and, where appropriate, measures related to and, where appropriate, measures related to the prevention and detection of cross- the prevention and detection of cross- border crime, such as migrant smuggling, border crime, and measures related to the trafficking in human beings and referral of persons who are in need of, or terrorism, and measures related to the wish to apply for, international protection, referral of persons who are in need of, or in full respect of human dignity; wish to apply for, international protection;
Amendment 95
Proposal for a regulation Article 3 – paragraph 1 – point a a (new)
Text proposed by the Commission Amendment
(a a) establishment and maintenance of clear mechanisms and procedures, in cooperation with relevant authorities, for the identification of, provision of information and referral of persons who may be in need of international protection or for the referral of vulnerable persons and unaccompanied minors to the relevant referral mechanisms and authorities;
Amendment 96
Proposal for a regulation Article 3 – paragraph 1 – point b
Text proposed by the Commission Amendment
(b) search and rescue operations for (b) search and rescue operations for persons in distress at sea launched and persons in distress at sea carried out in carried out in accordance with Regulation accordance with international law, (EU) No 656/2014 and with international including those carried out in accordance law, taking place in situations which may with Regulation (EU) No 656/2014; arise during border surveillance operations at sea;
PE630.451v02-00 56/249 RR\1176810EN.docx EN
Amendment 97
Proposal for a regulation Article 3 – paragraph 1 – point e
Text proposed by the Commission Amendment
(e) inter-agency cooperation among the (e) inter-agency cooperation among the national authorities in each Member State national authorities in each Member State which are responsible for border control or which are responsible for border control or for other tasks carried out at the border, as for other tasks carried out at the border, well as between authorities responsible for including national and international return in each Member State, including the bodies in charge of protecting regular exchange of information through fundamental rights, as well as between existing information exchange tools; authorities responsible for return in each Member State, including the regular exchange of information through existing information exchange tools;
Amendment 98
Proposal for a regulation Article 3 – paragraph 1 – point f
Text proposed by the Commission Amendment
(f) cooperation among the relevant (f) cooperation among the relevant Union institutions, bodies, offices and Union institutions, bodies, offices and agencies in the areas covered by this agencies in the areas covered by this Regulation, including through regular Regulation, including cross-border crime, exchange of information; including through regular exchange of information;
Amendment 99
Proposal for a regulation Article 3 – paragraph 1 – point g
Text proposed by the Commission Amendment
(g) cooperation with third countries in (g) cooperation with third countries in the areas covered by this Regulation; the areas covered by this Regulation, focusing in particular on neighbouring countries and on those third countries which have been identified through risk analysis as being countries of origin and/or transit for illegal immigration, as
RR\1176810EN.docx 57/249 PE630.451v02-00 EN
well as in the deployment of return operations and field visit;
Amendment 100
Proposal for a regulation Article 3 – paragraph 1 – point h
Text proposed by the Commission Amendment
(h) technical and operational measures (h) technical and operational measures within the Schengen area which are within the Union which are related to related to border control and designed to border control and designed to address address illegal immigration and to counter irregular migration and to counter cross- cross-border crime better; border crime better;
Amendment 101
Proposal for a regulation Article 3 – paragraph 1 – point k a (new)
Text proposed by the Commission Amendment
(k a) Capacity and readiness , through the vulnerabilities assessment, in order to assess the capability of Member States to address current and future challenges and threats at the external borders, including disproportionate migratory pressure;
Amendment 102
Proposal for a regulation Article 3 – paragraph 1 a (new)
Text proposed by the Commission Amendment
Fundamental rights, education and training, and research and innovation shall be horizontal components that are to be present in the implementation of each of the sectoral components listed in the first subparagraph.
PE630.451v02-00 58/249 RR\1176810EN.docx EN
Amendment 103
Proposal for a regulation Article 5 – paragraph 2
Text proposed by the Commission Amendment
(2) The Agency shall include the (2) The Agency shall include the European Border and Coast Guard standing European Border and Coast Guard standing corps of 10 000 operational staff as corps as referred to in Article 55. referred to in Article 55.
Amendment 104
Proposal for a regulation Article 5 – paragraph 4
Text proposed by the Commission Amendment
(4) The Agency shall contribute to the (4) The Agency shall contribute to the continuous and uniform application of continuous and uniform application of Union law, including the Union acquis on Union law, including the Union acquis on fundamental rights, at all external borders. fundamental rights, and ensure the Its contribution shall include the exchange application of the Charter of of good practices. Fundamental Rights of the European Union in all its activities (‘the Charter’) at all external borders. Its contribution shall include the exchange of good practices.
Amendment 105
Proposal for a regulation Article 7 – paragraph 2
Text proposed by the Commission Amendment
(2) The Agency shall provide technical (2) The Agency shall provide technical and operational assistance in the and operational assistance in the implementation of measures relating to the implementation of measures relating to the enforcement of return decisions. Member enforcement of return decisions, in States shall retain the responsibility for agreement with the Member States issuing return decisions and the measures concerned. Member States shall retain the pertaining to the detention of returnees in responsibility for issuing return decisions accordance with Directive 2008/115/EC. and the measures pertaining to the detention of returnees in accordance with Directive 2008/115/EC.
RR\1176810EN.docx 59/249 PE630.451v02-00 EN
Amendment 106
Proposal for a regulation Article 7 – paragraph 3
Text proposed by the Commission Amendment
(3) Member States shall ensure the (3) Member States shall ensure the management of their external borders and management of their external borders and the enforcement of return decisions, in the enforcement of return decisions in their their own interests and in the common own interests and in the common interest interest of all Member States in full of all Member States in full compliance compliance with Union law and in line with Union law, including concerning the with the multiannual strategic policy cycle respect of fundamental rights, and in line for European Integrated Border with the multiannual strategic policy cycle Management referred to in Article 8, in for European Integrated Border close cooperation with the Agency. Management referred to in Article 8 and the technical and operational strategy referred to in Article 8(5), in close cooperation with the Agency.
Amendment 107
Proposal for a regulation Article 7 – paragraph 4
Text proposed by the Commission Amendment
(4) The Agency shall support the (4) The Agency shall support the application of Union measures relating to application of Union measures relating to the management of the external borders the management of the external borders and the enforcement of return decisions by and the enforcement of return decisions by reinforcing, assessing and coordinating the reinforcing, assessing and coordinating the actions of Member States, as well as actions of Member States, as well as providing direct technical and operational providing direct technical and operational assistance, in the implementation of those assistance, in the implementation of those measures and in return matters. measures and in return matters. The Agency shall not support any measures or be involved in any activities related to controls at internal borders. The Agency shall be fully responsible and accountable for all its activities, and for any decisions it takes, under this Regulation.
Amendment 108
Proposal for a regulation
PE630.451v02-00 60/249 RR\1176810EN.docx EN
Article 7 – paragraph 5
Text proposed by the Commission Amendment
(5) Member States may continue (5) Member States may continue cooperation at an operational level with cooperation at an operational level with other Member States and/or third countries, other Member States and/or third countries, where such cooperation is compatible with where such cooperation is compatible with the tasks of the Agency. Member States a fundamental rights assessment to be shall refrain from any activity which could carried out prior to any cooperation with jeopardise the functioning of the Agency or a third country and with the tasks of the the attainment of its objectives. Member Agency. Member States shall refrain from States shall report to the Agency on that any activity which could jeopardise the operational cooperation with other Member functioning of the Agency or the States and/or third countries at the external attainment of its objectives. Member States borders and in the field of return. The shall report to the Agency and to the executive director shall inform the European Parliament on that operational management board on those matters on a cooperation with other Member States regular basis and at least once a year. and/or third countries at the external borders and in the field of return. The executive director shall inform the management board and the fundamental rights officer on those matters on a regular basis and at least once a year.
Amendment 109
Proposal for a regulation Article 8 – paragraph 1
Text proposed by the Commission Amendment
(1) The Commission and the (1) The effectiveness of European European Border and Coast Guard shall Integrated Border Management shall be ensure the effectiveness of European ensured through a multiannual strategic Integrated Border Management through a policy cycle to be adopted in accordance multiannual strategic policy cycle for the with the procedure laid down in European Integrated Border Management. paragraph 4. The effective implementation of that multiannual strategic policy cycle shall be the responsibility of the European Border and Coast Guard Agency in accordance with paragraph 5 and Member States in accordance with paragraph 6.
RR\1176810EN.docx 61/249 PE630.451v02-00 EN
Amendment 110
Proposal for a regulation Article 8 – paragraph 2
Text proposed by the Commission Amendment
(2) The multiannual strategic policy for (2) The multiannual strategic policy for the European Integrated Border the European Integrated Border Management shall define how the Management shall define how the challenges in the area of border challenges related to European Integrated management and return are to be Border Management are to be addressed in addressed in a coherent, integrated and a coherent, integrated and systematic systematic manner. manner, in line with Union law and with the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention Relating to the Status of Refugees, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the United Nations Convention relating to the Status of Stateless Persons and other relevant international instruments. It shall define the policy priorities and provide the strategic guidelines for a period of four years in relation to the sectoral and horizontal components set out in Article 3.
Amendment 111
Proposal for a regulation Article 8 – paragraph 4
Text proposed by the Commission Amendment
(4) Based on the strategic risk analysis (4) By ... [two months after the entry for European Integrated Border into force of this Regulation], the Management referred to in Article 30(2), Commission shall present the European the Commission shall be empowered to Parliament and the Council with a draft adopt delegated acts in accordance with multiannual strategic policy for the first Article 118 developing a multiannual multiannual strategic policy cycle taking
PE630.451v02-00 62/249 RR\1176810EN.docx EN
strategic policy for European Integrated into consideration the strategic risk Border Management. That delegated act analysis for European Integrated Border shall define policy priorities and provide Management referred to in Article 30(2), the strategic guidelines for the following the results of the vulnerability assessments four years in relation to the components referred to in Article 33 and a risk set out in Article 3. analysis requested from agencies referred to in Article 69(1), where appropriate. Within two months of its presentation by the Commission, a meeting between the European Parliament, the Council and Commission shall be convened to discuss the draft multiannual strategic policy. Following that discussion, the Commission shall be empowered to adopt delegated acts in accordance with Article 118 to supplement this Regulation by setting out the multiannual strategic policy for European Integrated Border Management.
Amendment 112
Proposal for a regulation Article 8 – paragraph 6
Text proposed by the Commission Amendment
(6) In order to implement the delegated (6) In order to implement the delegated act referred to in paragraph 4, the Member act referred to in paragraph 4, the Member States shall establish their national States shall establish their national strategies for integrated border strategies for integrated border management through close cooperation management through close cooperation between all national authorities responsible between all national authorities responsible for the management of borders and return. for the management of borders and return. Those national strategies shall be in line Those national strategies shall be in line with Article 3, the delegated act referred to with Article 3, the delegated act referred to in paragraph 4 and the technical and in paragraph 4 and the technical and operational strategy referred to in operational strategy referred to in paragraph 5. paragraph 5. Member States shall make their national strategies public and communicate those to the European Parliament, the Council, the Commission and to the Agency.
Amendment 113
Proposal for a regulation
RR\1176810EN.docx 63/249 PE630.451v02-00 EN
Article 8 – paragraph 7
Text proposed by the Commission Amendment
(7) Forty-two months after the (7) Forty-two months after the adoption of the delegated act referred to in adoption of the delegated act referred to in paragraph 4, the Commission shall carry paragraph 4, the Commission shall carry out, with the support of the Agency, a out a thorough evaluation of its thorough evaluation of its implementation. implementation. The results of the The results of the evaluation shall be taken evaluation shall be taken into account for into account for the preparation of the the preparation of the following cycle. The following cycle. Commission shall communicate the results of the evaluation to the European Parliament and to the Council. Member States and the Agency shall provide the Commission with the necessary information in a timely manner so that it can produce the overall evaluation.
Amendment 114
Proposal for a regulation Article 8 – paragraph 8
Text proposed by the Commission Amendment
(8) Where the situation at the external (8) During the period of validity of the borders or in the area of return requires a multiannual strategic policy referred to in change of the policy priorities, the paragraph 4, where the challenges at the Commission shall amend the multiannual external borders or in the area of return strategic policy for European Integrated evolve to such a degree that it becomes Border Management in accordance with necessary to adapt the multiannual the procedure set out in paragraph 4. Also strategic policy, the Commission is the strategies mentioned in paragraph 5 empowered to adopt a delegated act in and 6 shall be adapted where needed. accordance with Article 118 to amend that multiannual strategic policy. The Agency’s technical and operational strategy and the Member States’ national strategies shall then be adapted where necessary.
Amendment 115
Proposal for a regulation Article 9 – paragraph 1
PE630.451v02-00 64/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
(1) On the basis of the multiannual (1) On the basis of the multiannual strategic policy cycle for European strategic policy cycle for European Integrated Border Management referred to Integrated Border Management referred to in Article 8, the European Border and in Article 8, the European Border and Coast Guard shall establish an integrated Coast Guard shall establish an integrated planning for border management and planning for European Integrated Border returns. Management.
Amendment 116
Proposal for a regulation Article 9 – paragraph 3
Text proposed by the Commission Amendment
(3) Each plan of the integrated (3) Each plan of the integrated planning shall contain the scenario against planning shall contain the scenario against which it is developed. Scenarios shall be which it is developed. Scenarios shall be derived from risk analysis and shall reflect derived from risk analysis and shall reflect the possible evolution of the situation at the the possible evolution of the situation at the external borders and in the area of illegal external borders, the developments in each migration and the challenges identified in of the components of European the multiannual strategic policy cycle for Integrated Border Management as set out European Integrated Border Management. in Article 3, and the challenges identified in the multiannual strategic policy cycle for European Integrated Border Management.
Amendment 117
Proposal for a regulation Article 10 – title
Text proposed by the Commission Amendment
Tasks of the European border and coast Tasks of the European Border and Coast guard agency Guard Agency
Amendment 118
Proposal for a regulation Article 10 – paragraph 1 – introductory part
RR\1176810EN.docx 65/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
(1) The Agency shall perform the (1) The Agency, while avoiding following tasks with a view to contributing unnecessary duplication of operational to an efficient, high and uniform level of work of the Member States, shall support border control and return: the implementation of the European Integrated Border Management and shall perform the following tasks with a view to contributing to an efficient, high and uniform level of border control, to facilitating the movement of bona fide travellers, to detecting and preventing cross-border crime in relation to internal security, to migration management and to return:
Amendment 119
Proposal for a regulation Article 10 – paragraph 1 – point 4 a (new)
Text proposed by the Commission Amendment
4 a. monitor the compliance with fundamental rights at the external borders and in return operations by means of the fundamental rights officer and independent return monitors in cooperation with the European Union Agency for Fundamental Rights;
Amendment 120
Proposal for a regulation Article 10 – paragraph 1 – point 7
Text proposed by the Commission Amendment
7. assist Member States in 7. assist Member States, upon their circumstances requiring increased technical request, in circumstances requiring and operational assistance at the external increased technical and operational borders, by launching rapid border assistance at the external borders, by interventions at the external borders of launching rapid border interventions at the those Member States facing specific and external borders of those Member States disproportionate challenges, taking into facing specific and disproportionate account that some situations may involve challenges, taking into account that some
PE630.451v02-00 66/249 RR\1176810EN.docx EN
humanitarian emergencies and rescue at situations may involve humanitarian sea in accordance with Union and emergencies and rescue at sea in international law; accordance with Union and international law;
Amendment 121
Proposal for a regulation Article 10 – paragraph 1 – point 8
Text proposed by the Commission Amendment
8. provide technical and operational 8. provide technical and operational assistance to Member States and third assistance to Member States and third countries in accordance with Regulation countries in support of search and rescue (EU) No 656/2014 and international law, operations for persons in distress at sea in in support of search and rescue operations accordance with international law, for persons in distress at sea which may including those carried out under arise during border surveillance Regulation (EU) No 656/2014; operations at sea;
Amendment 122
Proposal for a regulation Article 10 – paragraph 1 – point 9
Text proposed by the Commission Amendment
9. deploy the European Border and 9. set up the European Border and Coast Guard standing corps in the Coast Guard standing corps, including the framework of border management teams, strengthening of the rapid reaction pool migration management support teams and as provided for in this Regulation, and return teams during joint operations and in deploy it in the framework of border rapid border interventions, return management teams, migration management operations and return interventions; support teams and return teams during joint operations and in rapid border interventions, return operations and return interventions;
Amendment 123
Proposal for a regulation Article 10 – paragraph 1 – point 11 a (new)
RR\1176810EN.docx 67/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
11 a. create an internal quality control mechanism in order to ascertain the level of training, special expertise and professionalism possessed by the Agency's staff, in particular, the statutory staff involved in border control and return;
Amendment 124
Proposal for a regulation Article 10 – paragraph 1 – point 12
Text proposed by the Commission Amendment
12. within the framework of the 12. within the framework of the migration management support teams at migration management support teams at hotspot areas or in controlled centres; hotspot areas deploy operational staff and technical equipment to provide assistance in screening, debriefing, identification and fingerprinting;
Amendment 125
Proposal for a regulation Article 10 – paragraph 1 – point 13
Text proposed by the Commission Amendment
13. deploy operational staff and deleted technical equipment to provide assistance in screening, debriefing, identification and fingerprinting;
Amendment 126
Proposal for a regulation Article 10 – paragraph 1 – point 14
Text proposed by the Commission Amendment
14. establish a procedure for referring 14. establish a procedure for referring and providing initial information to persons and providing initial information to persons who are in need of, or wish to apply for, who are in need of, or wish to apply for,
PE630.451v02-00 68/249 RR\1176810EN.docx EN
international protection, in cooperation international protection, including a with the [European Union Agency for procedure for the identification of Asylum] and competent national vulnerable groups, in cooperation with the authorities; [European Union Agency for Asylum] and competent national authorities;
Amendment 127
Proposal for a regulation Article 10 – paragraph 1 – point 15
Text proposed by the Commission Amendment
15. provide assistance in all stages of 15. provide assistance, and monitor the return process and with the compliance with fundamental rights, at all coordination and organisation of return stages of the return process without operations, as well as return interventions; entering into the merits of return decisions which remain the sole responsibility of the Member States and assist with the coordination and organisation of return operations and provide technical and operational support to implement the obligation to return returnees, as well as technical and operational support to return operations and interventions;
Amendment 128
Proposal for a regulation Article 10 – paragraph 1 – point 16
Text proposed by the Commission Amendment
16. assist Member States in deleted circumstances requiring increased technical and operational assistance to implement the obligation to return irregular migrants, including, coordination or organisation of return operations;
Amendment 129
Proposal for a regulation Article 10 – paragraph 1 – point 17
RR\1176810EN.docx 69/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
17. set up a pool of forced-return 17. set up a pool of forced-return monitors; monitors in cooperation with the European Union Agency for Fundamental Rights, and pools of forced- return escorts and return specialists;
Amendment 130
Proposal for a regulation Article 10 – paragraph 1 – point 19
Text proposed by the Commission Amendment
19. within the respective mandates of 19. within the respective mandates of the agencies concerned, cooperate with the agencies concerned, cooperate with Europol and Eurojust and provide support Europol and Eurojust and provide support to Member States in circumstances to Member States in circumstances requiring increased technical and requiring increased technical and operational assistance at the external operational assistance at the external borders in the fight against organised borders in the fight against cross-border cross-border crime and terrorism; crime;
Amendment 131
Proposal for a regulation Article 10 – paragraph 1 – point 20
Text proposed by the Commission Amendment
20. cooperate with the European Union 20. cooperate with the [European Agency for Asylum in particular to Union Agency for Asylum]; facilitate measures where third country nationals, whose application for international protection has been rejected by means of a final decision, are subject to return;
Amendment 132
Proposal for a regulation Article 10 – paragraph 1 – point 20 a (new)
PE630.451v02-00 70/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
20 a. cooperate with the European Union Agency for Fundamental Rights, in order to ensure the continuous and uniform application of the Union acquis on fundamental rights in all its activities;
Amendment 133
Proposal for a regulation Article 10 – paragraph 1 – point 21
Text proposed by the Commission Amendment
21. cooperate with the European 21. cooperate with the European Fisheries Control Agency and the Fisheries Control Agency and the European Maritime Safety Agency, within European Maritime Safety Agency, within their respective mandates, to support the their respective mandates, to support the national authorities carrying out the coast national authorities carrying out the coast guard functions set out in Article 70, by guard functions set out in Article 70, providing services, information, equipment including the saving of lives of migrants and training, as well as by coordinating and refugees, by providing services, multipurpose operations; information, equipment and training, as well as by coordinating multipurpose operations;
Amendment 134
Proposal for a regulation Article 10 – paragraph 1 – point 22
Text proposed by the Commission Amendment
22. cooperate with third countries in the 22. cooperate with third countries in the areas covered by the Regulation, including areas covered by the Regulation, including through the possible operational through the possible operational deployment of border management teams deployment of border management teams and return teams in third countries; in third countries;
Amendment 135
Proposal for a regulation Article 10 – paragraph 1 – point 23
RR\1176810EN.docx 71/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
23. support third countries in the deleted coordination or organisation of return activities to other third countries, including the sharing of personal data for return purposes;
Amendment 136
Proposal for a regulation Article 10 – paragraph 1 – point 25
Text proposed by the Commission Amendment
25. assist Member States and third 25. assist Member States and third countries in training of national border countries in training of national border guards, other relevant staff and experts on guards, other relevant staff and experts on return, including the establishment of return, including through the establishment common training standards; of common training standards and programmes which shall include fundamental rights;
Amendment 137
Proposal for a regulation Article 10 – paragraph 1 – point 26
Text proposed by the Commission Amendment
26. participate in the development and 26. participate in the development and management of research and innovation management of research and innovation activities relevant for the control and activities relevant for the management of surveillance of the external borders, the external borders, including the use of including the use of advanced surveillance advanced surveillance technology, and technology, and develop pilot projects develop pilot projects where necessary for regarding matters covered by this the implementation of activities, provided Regulation; for in this Regulation;
Amendment 138
Proposal for a regulation Article 10 – paragraph 1 – point 27
PE630.451v02-00 72/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
27. support the development of 27. support the development of technical standards of equipment in the technical standards of equipment in the area of border control and return including area of border management and return for interconnection of systems and including for interconnection of systems networks; and networks;
Amendment 139
Proposal for a regulation Article 10 – paragraph 1 – point 29
Text proposed by the Commission Amendment
29. develop and operate, in accordance 29. develop and operate, in accordance with [Regulation (EC) No 45/2001], Regulation (EU) 2018/1725, information information systems that enable swift and systems that enable swift and reliable reliable exchanges of information exchanges of information regarding regarding emerging risks in the emerging risks in the management of the management of the external borders, illegal external borders, irregular migration and immigration and return, in close return, in close cooperation with the cooperation with the Commission, Union Commission, Union bodies, offices and bodies, offices and agencies as well as the agencies as well as the European Migration European Migration Network established Network established by Decision by Decision 2008/381/EC; 2008/381/EC;
Amendment 140
Proposal for a regulation Article 10 – paragraph 1 – point 30
Text proposed by the Commission Amendment
30. provide, as appropriate, the 30. provide the necessary assistance in necessary assistance for the development the framework of integrated maritime of a common information-sharing surveillance for the development of a environment, including interoperability of common information sharing systems; environment, including interoperability of systems;
Amendment 141
Proposal for a regulation Article 10 – paragraph 1 – point 30 a (new)
RR\1176810EN.docx 73/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
30 a. adopt and promote the highest standards for border management practises, allowing for transparency and public scrutiny and ensuring respect, protection and promotion of fundamental rights and rule of law;
Amendment 142
Proposal for a regulation Article 10 – paragraph 1 – point 32
Text proposed by the Commission Amendment
32. fulfil the tasks and obligations 32. fulfil the tasks and obligations entrusted to the Agency referred to in entrusted to the Agency referred to in [Regulation establishing a European Regulation (EU) 2018/1240 of the Travel Information and Authorisation European Parliament and of the Council1a System (ETIAS)] and ensure the setting up and ensure the setting up and operation of and operation of the ETIAS Central Unit in the ETIAS Central Unit in accordance with accordance with Article 7 of [Regulation Article 7 of that Regulation; establishing a European Travel Information and Authorisation System (ETIAS)]. ______1a Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1).
Amendment 143
Proposal for a regulation Article 10 – paragraph 1 – point 32 a (new)
Text proposed by the Commission Amendment
32 a. assist Member States in the
PE630.451v02-00 74/249 RR\1176810EN.docx EN
prevention and detection of cross-border crime, such as migrant smuggling, trafficking in human beings and terrorism at the external borders and at the pre- frontier area;
Amendment 144
Proposal for a regulation Article 10 – paragraph 1 – point 32 b (new)
Text proposed by the Commission Amendment
32 b. assist Member States in the facilitation of the crossing of the external borders by bona fide (legitimate) travellers.
Amendment 145
Proposal for a regulation Article 10 – paragraph 2 – subparagraph 1
Text proposed by the Commission Amendment
The Agency shall communicate on its own The Agency shall communicate on matters initiative on matters falling within its falling within its mandate. It shall provide mandate. It shall provide the public with the public with accurate, detailed, timely accurate and comprehensive information and comprehensive information about its about its activities. activities and analyses.
Amendment 146
Proposal for a regulation Article 12 – paragraph 1
Text proposed by the Commission Amendment
1. In order to perform the tasks 1. In order to perform the tasks conferred on them by this Regulation, in conferred on them by this Regulation, to particular for the Agency to monitor the carry out risk analysis and to perform the migratory flows towards and within the vulnerability assessment, as well as to Union, to carry out risk analysis and to provide technical and operational perform the vulnerability assessment, as assistance in the field of return, the Agency well as to provide technical and operational and the national authorities responsible for assistance in the field of return, the Agency border management and return, including
RR\1176810EN.docx 75/249 PE630.451v02-00 EN
and the national authorities responsible for coast guards to the extent that they carry border management and return, including out border control tasks, shall, in coast guards to the extent that they carry accordance with this Regulation and other out border control tasks, shall, in relevant Union and national law regarding accordance with this Regulation and other the exchange of information, share in a relevant Union and national law regarding timely and accurate manner all necessary the exchange of information, share in a information. timely and accurate manner all necessary information.
Amendment 147
Proposal for a regulation Article 12 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency shall take appropriate 2. The Agency shall take appropriate measures to facilitate the exchange of measures to facilitate the exchange of information relevant to its tasks with the information relevant to its tasks with the Commission and the Member States and, Commission and the Member States and, where appropriate, the relevant Union where appropriate, information relevant agencies. for the performance of its tasks with the relevant Union agencies, in accordance with relevant data protection law.
Amendment 148
Proposal for a regulation Article 12 – paragraph 3
Text proposed by the Commission Amendment
3. The Agency and the [European 3. For the purpose of exchange of Union Agency for Asylum] shall information as referred to in paragraphs exchange information for the purpose of 1 and 2 necessary tools and structures shall risk analysis, collection of statistical data, be developed between the Agencies. assessment of the situation in third countries, training and the support to Member States on contingency planning. For those purposes, the necessary tools and structures shall be developed between the Agencies.
PE630.451v02-00 76/249 RR\1176810EN.docx EN
Amendment 149
Proposal for a regulation Article 13 – paragraph 1
Text proposed by the Commission Amendment
Member States shall appoint a national Member States shall appoint a national contact point for communication with the contact point for communication with the Agency on all matters pertaining to the Agency on all matters pertaining to the activities of the Agency. The national activities of the Agency. The national contact point shall be reachable at all contact point shall be appointed for times and ensure the timely dissemination administrative purposes to facilitate of all information from the Agency to all routine communication between the the relevant authorities within the Agency and the Member States. For the Member State concerned, in particular purpose of ensuring the dissemination of the members of the management board urgent and operational information the and the National Coordination Centre. National Coordination Centres shall act as points of contact.
Amendment 150
Proposal for a regulation Article 14 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
1. The Agency shall establish and 1. The Agency shall establish and maintain a communication network in maintain a communication network in order to provide communication and order to provide communication and analytical tools and allow for the exchange analytical tools and allow for the exchange of sensitive non-classified and classified of sensitive non-classified and classified information in a secure manner and in near information in a secure manner and in near real time with, and among, the national real time with, and among, the national coordination centres. The network shall be coordination centres. The network shall operational twenty-four hours a day and comply with all Union data protection law seven days a week and shall allow for: throughout its life cycle. The network shall be operational twenty-four hours a day and seven days a week and shall allow for:
Amendment 151
Proposal for a regulation Article 15 – paragraph 1
RR\1176810EN.docx 77/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
1. The Agency may take all necessary 1. The Agency may take all necessary measures to facilitate the exchange of measures to facilitate the exchange of information relevant to its tasks with the information relevant to its tasks with the Commission and the Member States and, European Parliament, the Commission where appropriate, third parties and third and the Member States and, where countries as referred to in Article 69 and appropriate, the international Article 71. organisations, the Union institutions, bodies, offices and agencies referred to in Article 69 and third countries referred to in Article 72.
Amendment 152
Proposal for a regulation Article 15 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency shall develop, deploy 2. The Agency shall develop, deploy and operate an information system capable and operate an information system capable of exchanging classified and sensitive non- of exchanging classified and sensitive non- classified information with those actors, classified information with those actors, and of exchanging personal data referred to and of exchanging personal data referred to in Article 80 and Articles 87 to 91 in in Article 80 and Articles 87 to 91 in accordance with Commission Decision accordance with Commission Decision (EU, Euratom) 2015/44439 , Commission (EU, Euratom) 2015/44439, Commission Decision 2015/44340 and [Regulation (EC) Decision 2015/44340 and Regulation (EU) No 45/2001]. 2018/1725. ______39 Commission Decision (EU, Euratom) 39 Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security 2015/444 of 13 March 2015 on the security rules for protecting EU classified rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53). information (OJ L 72, 17.3.2015, p. 53). 40 Commission Decision (EU, Euratom) 40 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. the Commission (OJ L 72, 17.3.2015, p. 41). 41).
Amendment 153
Proposal for a regulation Article 15 – paragraph 4
PE630.451v02-00 78/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
4. In relation to return, the Agency 4. In relation to return, the Agency shall develop and operate a central return shall operate and maintain the Integrated management system for processing all Return Management Application (IRMA) information necessary for the Agency to as a platform for processing all provide operational assistance in information necessary for the Agency to accordance with Article 49 automatically provide operational assistance in communicated by the Member States’ accordance with Article 49 automatically national systems, including operational communicated by the Member States’ return data. national systems, including operational return data.
Amendment 154
Proposal for a regulation Article 17 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) have proper access to the relevant (a) have proper and continuous access systems and networks; to the relevant systems and networks;
Amendment 155
Proposal for a regulation Article 18 – paragraph 1
Text proposed by the Commission Amendment
This Regulation establishes EUROSUR as This Regulation establishes EUROSUR as an integrated framework for the exchange an integrated framework for the exchange of information and for cooperation within of information and for cooperation within the European Border and Coast Guard in the European Border and Coast Guard in order to improve situational awareness and order to improve situational awareness and to increase the reaction capability for to increase the reaction capability for the border management of the Union for the purpose of border management, including purpose of detecting, preventing and the detection, prevention and combating of combating illegal immigration and cross- irregular migration and cross-border border crime and contributing to ensuring crime and contributing to ensuring the the protection and saving the lives of protection and saving the lives of migrants. migrants.
RR\1176810EN.docx 79/249 PE630.451v02-00 EN
Amendment 156
Proposal for a regulation Article 19 – paragraph 1
Text proposed by the Commission Amendment
(1) EUROSUR shall apply to border (1) EUROSUR shall apply to border checks at authorised border crossing checks at authorised border crossing points, and to the surveillance of external points, and to the surveillance of external land, sea and air borders, including the land, sea and air borders, including the monitoring, detection, identification, monitoring, detection, identification, tracking, prevention and interception of tracking, prevention and interception of unauthorised border crossings for the unauthorised border crossings for the purpose of detecting, preventing and purpose of detecting, preventing and combating illegal immigration and cross- combating irregular migration and cross- border crime and contributing to ensuring border crime and contributing to ensuring the protection and saving the lives of the protection and saving the lives of migrants. migrants. Member States may provide EUROSUR with information on the phenomenon of secondary movements within the Union in terms of migratory trends, volume and routes with the aim of improving situational awareness.
Amendment 157
Proposal for a regulation Article 20 – paragraph 2
Text proposed by the Commission Amendment
(2) The national coordination centres (2) The national coordination centres shall provide the Agency, via the shall provide the Agency, via the communication network and relevant communication network with information, systems, with information, from their from their national situational pictures and national situational pictures and as as appropriate from specific situational appropriate from specific situational pictures, which is required for the pictures, which is required for the establishment and maintenance of the establishment and maintenance of the European situational picture. European situational picture.
Amendment 158
Proposal for a regulation Article 24 – paragraph 2
PE630.451v02-00 80/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
(2) The Agency shall constantly (2) The Agency shall constantly and monitor the quality of the service offered continuously monitor the quality of the by the communication network and the service offered by the communication quality of the data shared in the network and the quality of the data shared EUROSUR situational picture. in the EUROSUR situational picture.
Amendment 159
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment
The national situational pictures, the The national situational pictures, the European situational picture and the European situational picture and the specific situational pictures shall be specific situational pictures shall be produced through the collection, produced through the collection, evaluation, collation, analysis, evaluation, collation, analysis, interpretation, generation, visualisation and interpretation, generation, visualisation and dissemination of information. dissemination of information where this information is available to Member States.
Amendment 160
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 2 – point a
Text proposed by the Commission Amendment
(a) an events layer including all events (a) an events layer including all events related to unauthorised border crossings, and incidents related to unauthorised cross-border crime, and the detection of border crossings and cross-border crime. unauthorised secondary movements; Member States may also provide information on unauthorised secondary movements in terms of trends, volumes and routes;
Amendment 161
Proposal for a regulation Article 26 – paragraph 3
RR\1176810EN.docx 81/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
(3) The national coordination centre (3) The national coordination centre shall attribute a single indicative impact shall attribute a single indicative impact level, ranging from ‘low’ and ‘medium’ to level, ranging from ‘low’ and ‘medium’ to ‘high’ and ‘critical’, to each incident in the ‘high’, to each incident in the events layer events layer of the national situational of the national situational picture. All picture. All incidents shall be shared with incidents shall be shared with the Agency. the Agency.
Amendment 162
Proposal for a regulation Article 27 – paragraph 2 – point c
Text proposed by the Commission Amendment
(c) Union delegations and missions (c) Union delegations and missions; and operations of the Common Security and Defence Policy;
Amendment 163
Proposal for a regulation Article 27 – paragraph 3 – point c
Text proposed by the Commission Amendment
(c) incidents in the operational area of (c) incidents in the operational area of a joint operation, or rapid intervention a joint operation, or rapid intervention coordinated by the Agency, or in a hotspot coordinated by the Agency, or in a hotspot. or controlled centre.
Amendment 164
Proposal for a regulation Article 27 – paragraph 4
Text proposed by the Commission Amendment
(4) The operational layer of the (4) The operational layer of the European situational picture shall contain European situational picture shall contain information on the joint operations, and information on the joint operations, and rapid interventions coordinated by the rapid interventions coordinated by the Agency and on hotspots and controlled Agency and on hotspots, including the
PE630.451v02-00 82/249 RR\1176810EN.docx EN
centres, including the mission statement, mission statement, location, status, location, status, duration, information on duration, information on the Member the Member States and other actors States and other actors involved, daily and involved, daily and weekly situational weekly situational reports, statistical data reports, statistical data and information and information packages for the media. packages for the media.
Amendment 165
Proposal for a regulation Article 28 – paragraph 1
Text proposed by the Commission Amendment
(1) The Agency and the Member States (1) The Agency and the Member States may establish and maintain specific may establish and maintain specific situational pictures in order to support situational pictures in order to support specific operational activities at the specific operational activities at the external borders or to share information external borders or to share information with third parties referred to in Article 69 with the international organisations, or third countries as provided for in Article Union institutions, bodies, offices and 76 or with both. agencies referred to in Article 69 or third countries as provided for in Article 76.
Amendment 166
Proposal for a regulation Article 29 – paragraph 2 – point a
Text proposed by the Commission Amendment
(a) selective monitoring of designated (a) selective monitoring of designated third-country ports and coasts which have third-country ports and coasts which have been identified through risk analysis and been identified through risk analysis and information as being embarkation or transit information as being embarkation or transit points for vessels or other craft used for points for vessels or other craft used for illegal immigration or cross-border crime; irregular migration or cross-border crime;
Amendment 167
Proposal for a regulation Article 29 – paragraph 2 – point b
Text proposed by the Commission Amendment
(b) tracking of vessels or other craft (b) tracking of vessels or other craft
RR\1176810EN.docx 83/249 PE630.451v02-00 EN
over high seas which are suspected of, or over high seas which are suspected of, or have been identified as, being used for have been identified as, being used for illegal immigration or cross-border crime; irregular migration, for carrying persons in distress at sea requiring the launching of a search and rescue operation, or for cross-border crime;
Amendment 168
Proposal for a regulation Article 29 – paragraph 2 – point c
Text proposed by the Commission Amendment
(c) monitoring of designated areas in (c) monitoring of designated areas in the maritime domain in order to detect, the maritime domain in order to detect, identify and track vessels and other craft identify and track vessels and other craft being used for, or suspected of being used being used for, or suspected of being used for, illegal immigration or cross-border for, irregular migration, for carrying crime; persons in distress at sea requiring the launching of a search and rescue operation, or for cross-border crime;
Amendment 169
Proposal for a regulation Article 29 – paragraph 2 – point c a (new)
Text proposed by the Commission Amendment
(c a) monitoring of designated areas of air borders in order to detect, identify and track aircraft and other forms of equipment being used for, or suspected of being used for irregular migration or cross-border crime;
Amendment 170
Proposal for a regulation Article 29 – paragraph 2 – point d
Text proposed by the Commission Amendment
(d) environmental assessment of (d) environmental assessment of designated areas in the maritime domain designated areas in the maritime domain
PE630.451v02-00 84/249 RR\1176810EN.docx EN
and at the external land and air borders in and at the external land and air borders in order to optimise monitoring and patrolling order to optimise search and rescue, activities; monitoring and patrolling activities;
Amendment 171
Proposal for a regulation Article 29 – paragraph 2 – point e
Text proposed by the Commission Amendment
(e) selective monitoring of designated (e) selective monitoring of designated pre-frontier areas at the external borders pre-frontier areas at the external borders which have been identified through risk which have been identified through risk analysis and information as being potential analysis and information as being potential departure or transit areas for illegal departure or transit areas for irregular immigration or cross-border crime; migration or cross-border crime;
Amendment 172
Proposal for a regulation Article 29 – paragraph 2 – point f
Text proposed by the Commission Amendment
(f) monitoring of migratory flows (f) monitoring trends, volume and towards and within the Union; routes of migratory flows towards and within the Union;
Amendment 173
Proposal for a regulation Article 29 – paragraph 2 – point g
Text proposed by the Commission Amendment
(g) media monitoring, open source (g) media monitoring, open source intelligence and analysis of internet intelligence and analysis of internet activities in line with Directive (EU) activities in line with Directive (EU) 2016/680 of the European Parliament and 2016/68042 or with Regulation (EU) of the Council42 for preventing illegal 2016/679 as applicable for preventing immigration or cross-border crime; irregular migration or cross-border crime; ______42 Directive (EU) 2016/680 of the 42 Directive (EU) 2016/680 of the European Parliament and of the Council of European Parliament and of the Council of
RR\1176810EN.docx 85/249 PE630.451v02-00 EN
27 April 2016 on the protection of natural 27 April 2016 on the protection of natural persons with regard to the processing of persons with regard to the processing of personal data by competent authorities for personal data by competent authorities for the purposes of the prevention, the purposes of the prevention, investigation, detection or prosecution of investigation, detection or prosecution of criminal offences or the execution of criminal offences or the execution of criminal penalties, and on the free criminal penalties, and on the free movement of such data, and repealing movement of such data, and repealing Council Framework Decision Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89). 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 174
Proposal for a regulation Article 29 – paragraph 2 – point h
Text proposed by the Commission Amendment
(h) analysis of large-scale information (h) analysis of large-scale information systems for the purpose of detecting systems for the purpose of detecting changing routes and methods used for changing routes and methods used for illegal immigration and cross-border irregular migration and cross-border crime. crime.
Amendment 175
Proposal for a regulation Article 30 – paragraph 1
Text proposed by the Commission Amendment
1. The Agency shall monitor 1. The Agency shall monitor migratory flows towards and within the migratory flows towards the Union and, Union, trends and other possible challenges where provided by Member States with at the external borders of the Union and such information, migratory trends, with regard to return. For this purpose, the volume and routes within the Union, as Agency shall, by a decision of the well as trends and other possible management board based on a proposal of challenges at the external borders of the the executive director, establish a common Union and with regard to return. For this integrated risk analysis model, which shall purpose, the Agency shall, by a decision of be applied by the Agency and the Member the management board based on a proposal States. The common integrated risk of the executive director, establish a analysis model shall be updated based on common integrated risk analysis model, the outcome of the evaluation of the which shall be applied by the Agency and multiannual Strategic policy cycle for the Member States. The common European Integrated Border Management integrated risk analysis model shall be referred to in Article 8 (7). The Agency established and updated based on the
PE630.451v02-00 86/249 RR\1176810EN.docx EN
shall also carry out the vulnerability outcome of the evaluation of the assessment in accordance with Article 33. multiannual Strategic policy cycle for European Integrated Border Management referred to in Article 8 (7). The Agency shall also carry out the vulnerability assessment in accordance with Article 33.
Amendment 176
Proposal for a regulation Article 30 – paragraph 3
Text proposed by the Commission Amendment
3. The risk analyses referred to in 3. The risk analyses referred to in paragraph 2 prepared by the Agency shall paragraph 2 prepared by the Agency shall cover all aspects relevant to European cover all components of the European Integrated Border Management with a view Integrated Border Management with a view to developing a pre-warning mechanism. to developing a pre-warning mechanism.
Amendment 177
Proposal for a regulation Article 30 – paragraph 3 a (new)
Text proposed by the Commission Amendment
3 a. The Agency shall develop and make public its methodology and criteria for the risk analysis.
Amendment 178
Proposal for a regulation Article 30 – paragraph 4
Text proposed by the Commission Amendment
4. Member States shall provide the 4. Member States shall provide the Agency with all necessary information Agency with all necessary information regarding the situation, trends and possible regarding the situation, trends and possible threats at the external borders and in the risks at the external borders and in the field field of return. Member States shall of return. Member States shall regularly, or regularly, or upon the request of the upon the request of the Agency, provide it Agency, provide it with all relevant with all relevant information such as information such as statistical and statistical and operational data collected in
RR\1176810EN.docx 87/249 PE630.451v02-00 EN
operational data collected in relation to the relation to the implementation of the implementation of the Schengen acquis as Schengen acquis as well as information well as information from the analysis layer from the analysis layer of the national of the national situational picture as situational picture as provided for in provided for in Article 26. Article 26.
Amendment 179
Proposal for a regulation Article 30 – paragraph 5 a (new)
Text proposed by the Commission Amendment
5 a. In the results of risk analyses, data shall be anonymised.
Amendment 180
Proposal for a regulation Article 32 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment
The Agency shall ensure regular The Agency shall ensure regular monitoring of all Member States' monitoring of all Member States' management of the external borders and implementation of the European return through liaison officers of the Integrated Border Management through Agency. liaison officers of the Agency.
Amendment 181
Proposal for a regulation Article 32 – paragraph 3 – point b
Text proposed by the Commission Amendment
(b) support the collection of (b) support the collection of information required by the Agency for the information required by the Agency for the monitoring of illegal immigration and risk monitoring of irregular migration and risk analyses referred to in Article 30; analyses referred to in Article 30;
Amendment 182
Proposal for a regulation Article 32 – paragraph 3 – point d
PE630.451v02-00 88/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
(d) monitor the measures taken by the (d) monitor the measures taken by the Member State at border sections to which a Member State at border sections to which a high or critical impact level has been high impact level has been attributed in attributed in accordance with Article 35; accordance with Article 35;
Amendment 183
Proposal for a regulation Article 32 – paragraph 3 – point e a (new)
Text proposed by the Commission Amendment
(e a) report to the executive director and the fundamental rights officer on any concerns about or violations of fundamental rights in relation to the management of external borders and return and on the follow-up of any complaints involving one or more Member States;
Amendment 184
Proposal for a regulation Article 32 – paragraph 3 – point e b (new)
Text proposed by the Commission Amendment
(e b) cooperate with the fundamental rights officer, where necessary, with a view to contributing to the promotion of respect for fundamental rights in the work of the Agency in line with subparagraph (e);
Amendment 185
Proposal for a regulation Article 32 – paragraph 3 – point j
Text proposed by the Commission Amendment
(j) monitor the measures taken by the (j) monitor the measures taken by the
RR\1176810EN.docx 89/249 PE630.451v02-00 EN
Member State with regard to return and Member State and facilitate the support the collection of information communication between the Member required by the Agency to carry out State and the Agency with regard to return activities referred to in Article 49. and support the collection of information required by the Agency to carry out activities referred to in Article 49.
Amendment 186
Proposal for a regulation Article 32 – paragraph 4 a (new)
Text proposed by the Commission Amendment
4 a. If the liaison officer's reports referred to in point (f) of paragraph3 raise concerns about fundamental rights compliance for the Member State concerned, the EU Ombudsman and the EU Fundamental Rights Agency will be informed without delay by Fundamental Rights Officer.
Amendment 187
Proposal for a regulation Article 32 – paragraph 6
Text proposed by the Commission Amendment
6. The report of the liaison officer 6. The report of the liaison officer shall form part of the vulnerability shall form part of the vulnerability assessment as referred to in Article 33. The assessment as referred to in Article 33. report shall be transmitted to the Member State concerned.
Amendment 188
Proposal for a regulation Article 33 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency shall monitor and 2. The Agency shall monitor and assess the availability of the technical assess the availability of the technical equipment, systems, capabilities, resources, equipment, systems, capabilities, resources,
PE630.451v02-00 90/249 RR\1176810EN.docx EN
infrastructure, adequately skilled and infrastructure, adequately skilled and trained staff of Member States necessary trained staff of Member States necessary for border control as defined in Article for border control as defined in Article 3(1)(a). In this context, the Agency shall 3(1)(a) in full respect of fundamental assess the capability development plans rights. In this context, the Agency shall referred to in Article 67 (4) as regards their assess the capability development plans feasibility and implementation. For future referred to in Article 67 (4) as regards their planning it shall do so as a preventive feasibility and implementation. For future measure on the basis of a risk analysis planning it shall do so as a preventive prepared in accordance with Article 30 (2). measure on the basis of a risk analysis The Agency shall carry out such prepared in accordance with Article 30 (2). monitoring and assessment at least once a The Agency shall carry out such year, unless the executive director, based monitoring and assessment at least once a on risk assessments or a previous year, unless the executive director, based vulnerability assessment, decides on risk assessments or a previous otherwise. vulnerability assessment, decides otherwise. In any event, each Member State shall be subject to monitoring and assessment at least once every three years.
Amendment 189
Proposal for a regulation Article 33 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2 a. The vulnerability assessment shall be based on objective indicators. The management board shall decide on the indicators.
Amendment 190
Proposal for a regulation Article 33 – paragraph 2 b (new)
Text proposed by the Commission Amendment
2 b. The objective indicators referred to in paragraph 2a shall include, inter alia, an assessment of the respect for fundamental rights. The methodology for that aspect of the vulnerability assessment shall be established in consultation with the fundamental rights officer and the consultative forum, as well as other
RR\1176810EN.docx 91/249 PE630.451v02-00 EN
relevant Union agencies, such as the [European Union Agency for Asylum] and the European Union Agency for Fundamental Rights.
Amendment 191
Proposal for a regulation Article 33 – paragraph 3
Text proposed by the Commission Amendment
3. Without prejudice to Articles 9 and 3. Without prejudice to Articles 9 and 67, Member States shall, at the request of 67, Member States shall, at the request of the Agency, provide information as regards the Agency, provide non national technical equipment, staff and to the extent classified-non sensitive information possible, the financial resources available necessary for the vulnerability assessment at national level to carry out border control. in particular as regards the state of Member States shall also provide functioning of all procedures at the information on their contingency plans on border in accordance with Chapter II of border management at the Agency's Directive 2013/32/EU of the European request. Parliament and of the Council, technical equipment, staff and to the extent possible, the financial resources available at national level to carry out border control. Member States shall also provide non national classified-non sensitive information on their contingency plans on border management at the Agency's request.
Amendment 192
Proposal for a regulation Article 33 – paragraph 4
Text proposed by the Commission Amendment
4. The aim of the vulnerability 4. The aim of the vulnerability assessment is for the Agency to assess the assessment is for the Agency to assess the capacity and readiness of Member States to capacity and readiness of Member States to face upcoming challenges, including face situational risk, including present and present and future threats and challenges at future threats and challenges at the external the external borders; to identify, especially borders; to identify, especially for those for those Member States facing specific Member States facing specific and and disproportionate challenges, possible disproportionate challenges, possible immediate consequences at the external immediate consequences at the external borders and subsequent consequences on borders and subsequent consequences on
PE630.451v02-00 92/249 RR\1176810EN.docx EN
the functioning of the Schengen area; and the functioning of the Schengen area; and to assess their capacity to contribute to the to assess their capacity to contribute to the European Border and Coast Guard standing European Border and Coast Guard standing corps and Technical Equipment Pool, corps and Technical Equipment Pool, including the Rapid Reaction Equipment including the Rapid Reaction Equipment Pool. That assessment is without prejudice Pool. That assessment is without prejudice to the Schengen evaluation mechanism. to the Schengen evaluation mechanism.
Amendment 193
Proposal for a regulation Article 33 – paragraph 5
Text proposed by the Commission Amendment
5. In the vulnerabilty assessment, the 5. In the vulnerabilty assessment, the Agency shall take into account Member Agency shall assess the Member States' States' capacity to carry out all border capacity, in qualitative and quantitative management tasks, including their capacity terms, to carry out all border management to deal with the potential arrival of large tasks, including their capacity to deal with numbers of persons on their territory. the potential arrival of large numbers of persons on their territory. For that purpose, the Agency shall, as appropriate, consult the relevant Union Agencies, in particular the [European Union Agency for Asylum].
Amendment 194
Proposal for a regulation Article 33 – paragraph 6
Text proposed by the Commission Amendment
6. The results of the vulnerability 6. The preliminary results of the assessment shall be submitted to the vulnerability assessment shall be submitted Member States concerned. The Member to the Member States concerned. The States concerned may comment on that Member States concerned may comment assessment. on that assessment.
Amendment 195
Proposal for a regulation Article 33 – paragraph 8 – subparagraph 1
RR\1176810EN.docx 93/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
The executive director shall recommend The executive director shall recommend measures to the Member States concerned measures to the Member States concerned on the basis of the results of the on the basis of the results of the vulnerability assessment, taking into vulnerability assessment, taking into account the Agency's risk analysis, the account the Agency's risk analysis, the comments of the Member State concerned comments of the Member State concerned and the results of the Schengen evaluation and the results of the Schengen evaluation mechanism. mechanism. Those recommendations shall be made available to the European Parliament.
Amendment 196
Proposal for a regulation Article 33 – paragraph 8 – subparagraph 2
Text proposed by the Commission Amendment
The measures measures should be aimed at The measures should be aimed at eliminating the vulnerabilities identified in eliminating the vulnerabilities identified in the assessment in order for Member States the assessment in order for Member States to increase their readiness to face to increase their readiness to face upcoming challenges by enhancing or situational risk by enhancing or improving improving their capabilities, technical their capabilities, technical equipment, equipment, systems, resources and systems, resources and contingency plans. contingency plans.
Amendment 197
Proposal for a regulation Article 33 – paragraph 10
Text proposed by the Commission Amendment
10. Where a Member State does not 10. Where a Member State does not implement the necessary measures of the implement the necessary measures of the recommendation within the time limit recommendation within the time limit referred to in paragraph 7 of this Article, referred to in paragraph 7 of this Article, the executive director shall refer the matter the executive director shall refer the matter to the management board and notify the to the management board and notify the Commission. The management board shall Commission. The management board shall adopt a decision on a proposal of the adopt a decision on a proposal of the executive director setting out the necessary executive director setting out the necessary measures to be taken by the Member State measures to be taken by the Member State
PE630.451v02-00 94/249 RR\1176810EN.docx EN
concerned and the time limit within which concerned and the time limit within which such measures shall be implemented. The such measures shall be implemented. The decision of the management board shall be decision of the management board shall be binding on the Member State. If the binding on the Member State. If the Member State does not implement the Member State does not implement the measures within the time limit foreseen in measures within the time limit foreseen in that decision, the management board shall that decision, the management board shall notify the Council and the Commission and notify the European Parliament, the further action may be taken in accordance Council and the Commission and further with Article 43. action may be taken in accordance with Articles 43 and 47.
Amendment 198
Proposal for a regulation Article 33 – paragraph 11
Text proposed by the Commission Amendment
11. The results of the vulnerability 11. The results of the vulnerability assessment shall be transmitted, in assessment, including a detailed accordance with Article 91, on a regular description of the outcome of the basis and at least once a year to the vulnerability assessment, the measures European Parliament, to the Council and to taken by the Member States and the status the Commission. of the implementation of any previous recommendations, shall be transmitted, in accordance with Article 91, on a regular basis and at least once a year to the European Parliament, to the Council and to the Commission. If the results of the vulnerability assessment carried out with regard to a particular Member State reveal a serious deficiency that is deemed to constitute a serious threat to the functioning of the Schengen area, the management of the external borders, public policy or internal security within the area without internal border control, the Commission shall immediately inform the European Parliament and the Council thereof.
Amendment 199
Proposal for a regulation Article 34 – paragraph 2
RR\1176810EN.docx 95/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
2. For the purpose referred to in 2. For the purpose referred to in paragraph 1 the Commission and the paragraph 1, the Commission, together Agency shall establish the necessary with the European Parliament, the arrangements to share with each other in a Council and the Agency, shall establish the regular, secured and timely manner all necessary arrangements to share with each information related to the results of other in a regular, secured and timely vulnerability assessments and the manner all information related to the Schengen evaluation mechanism in the results of vulnerability assessments and the area of border management. The exchange Schengen evaluation mechanism in the mechanism shall cover the reports of area of border management. The exchange vulnerability assessments and of Schengen mechanism shall cover the reports of evaluation visits, subsequent vulnerability assessments and of Schengen recommendations, action plans and any evaluation visits, subsequent updates on the implementation of the recommendations, action plans and any action plans provided by the Member updates on the implementation of the States. action plans provided by the Member States.
Amendment 200
Proposal for a regulation Article 35 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) low impact level where the (a) low impact level where the incidents related to illegal immigration or incidents have an insignificant impact on cross-border crime occurring at the border security; relevant border section have an insignificant impact on border security;
Amendment 201
Proposal for a regulation Article 35 – paragraph 1 – point b
Text proposed by the Commission Amendment
(b) medium impact level where the (b) medium impact level where the incidents related to illegal immigration or incidents have a moderate impact on cross-border crime occurring at the border security; relevant border section have a moderate impact on border security;
PE630.451v02-00 96/249 RR\1176810EN.docx EN
Amendment 202
Proposal for a regulation Article 35 – paragraph 1 – point c
Text proposed by the Commission Amendment
(c) high impact level where the (c) high impact level where the incidents related to illegal immigration or incidents have a significant impact on cross-border crime occurring at the border security; relevant border section have a significant impact on border security;
Amendment 203
Proposal for a regulation Article 35 – paragraph 1 – point d
Text proposed by the Commission Amendment
(d) critical impact level where the deleted incidents related to illegal immigration or cross-border crime occurring at the relevant border section have a decisive impact on border security to such an extent that they risk jeopardising the functioning of the Schengen Area.
Amendment 204
Proposal for a regulation Article 36 – paragraph 1 – point d
Text proposed by the Commission Amendment
(d) where a critical impact level is deleted attributed to an external border section, the Agency shall notify it to the Commission. The Member State concerned and the Agency shall, in addition to the measures taken under point (c), implement the recommendation issued by the executive director of the Agency in accordance with Article 42.
RR\1176810EN.docx 97/249 PE630.451v02-00 EN
Amendment 205
Proposal for a regulation Article 36 – paragraph 2
Text proposed by the Commission Amendment
2. The national coordination centre 2. The national coordination centre shall regularly inform the Agency of the shall regularly inform the Agency of the measures taken at national level pursuant measures taken at national level pursuant to points (b), (c) and (d) of paragraph 1. to points (b) and (c) of paragraph 1.
Amendment 206
Proposal for a regulation Article 36 – paragraph 3
Text proposed by the Commission Amendment
3. Where a medium high or critical 3. Where a medium or high impact impact level is attributed to an external level is attributed to an external border border section which is adjacent to the section which is adjacent to the border border section of another Member State or section of another Member State or of a of a third country with which there are third country with which there are agreements or regional networks, as agreements or regional networks, as referred to in Article 73 and Article 74, the referred to in Article 73 and Article 74, the national coordination centre shall contact national coordination centre shall contact the national coordination centre of the the national coordination centre of the neighbouring Member State or the neighbouring Member State or the competent authority of the neighbouring competent authority of the neighbouring country and shall endeavour to coordinate country and shall endeavour to coordinate together with the Agency the necessary together with the Agency the necessary cross-border measures. cross-border measures.
Amendment 207
Proposal for a regulation Article 37 – paragraph 1
Text proposed by the Commission Amendment
1. A Member State may request the 1. A Member State may request the Agency's assistance in implementing its Agency's assistance in implementing its obligations with regard to the control of the obligations with regard to the control of the external borders. The Agency shall also external borders and to the protection and carry out measures in accordance with saving of lives of migrants and refugees. Article 42 and Article 43. The Agency shall also carry out measures
PE630.451v02-00 98/249 RR\1176810EN.docx EN
in accordance with Article 42 and Article 43.
Amendment 208
Proposal for a regulation Article 37 – paragraph 2 – point d
Text proposed by the Commission Amendment
(d) deploy the European Border and (d) deploy the European Border and Coast Guard standing corps in the Coast Guard standing corps in the framework of the migration management framework of the migration management support teams, among others at hotspot support teams, among others at hotspot areas or in controlled centres, including if areas, including if necessary to provide necessary to provide technical and technical and operational assistance in operational assistance in return activities; return activities;
Amendment 209
Proposal for a regulation Article 37 – paragraph 2 – point e
Text proposed by the Commission Amendment
(e) within the framework of operations (e) within the framework of operations mentioned in points (a), (b) and (c) of this mentioned in points (a), (b) and (c) of this paragraph and in accordance with paragraph and in accordance with Regulation (EU) No 656/2014 and Regulation (EU) No 656/2014 and international law, provide technical and international law, provide technical and operational assistance to Member States operational assistance to Member States and third countries, in support of search and neighbouring third countries, in and rescue operations for persons in support of search and rescue operations for distress at sea which may arise during persons in distress at sea; border surveillance operations at sea;
Amendment 210
Proposal for a regulation Article 38 – paragraph 1
Text proposed by the Commission Amendment
1. A Member State may request that 1. A Member State may request that the Agency launch joint operations to face the Agency launch joint operations to face upcoming challenges, including illegal upcoming challenges, including irregular
RR\1176810EN.docx 99/249 PE630.451v02-00 EN
immigration, present or future threats at its migration, present or future threats at its external borders or cross-border crime, or external borders or cross-border crime, or to provide increased technical and to provide increased technical and operational assistance when implementing operational assistance when implementing its obligations with regard to the control of its obligations with regard to the control of the external borders. the external borders.
Amendment 211
Proposal for a regulation Article 38 – paragraph 4
Text proposed by the Commission Amendment
4. The objectives of a joint operation 4. The objectives of a joint operation or rapid border intervention may be or rapid border intervention may be achieved as part of a multipurpose achieved as part of a multipurpose operation. Such operations may involve operation. Such operations may involve coast guard functions and the prevention of coast guard functions and the prevention of cross-border crime, including the fight cross-border crime and migration against migrant smuggling or trafficking management. in human beings, and migration management, including identification, registration, debriefing and return.
Amendment 212
Proposal for a regulation Article 39 – paragraph 2
Text proposed by the Commission Amendment
2. The executive director shall draw 2. The executive director shall draw up an operational plan for joint operations up an operational plan for joint operations at the external borders. The executive at the external borders. The executive director and the host Member State, in director and the host Member State, in consultation with the participating Member consultation with the participating Member States, shall agree on the operational plan States, shall agree on the operational plan detailing the organisational and procedural detailing the organisational and procedural aspects of the joint operation. aspects of the joint operation. Participating Member States may annex their observations or reservations to the operational plan.
PE630.451v02-00 100/249 RR\1176810EN.docx EN
Amendment 213
Proposal for a regulation Article 39 – paragraph 3 – introductory part
Text proposed by the Commission Amendment
3. The operational plan shall be 3. The operational plan shall be binding on the Agency, the host Member binding on the Agency, the host Member State and the participating Member States. State and the participating Member States. It shall cover all aspects considered It shall cover all aspects considered necessary for carrying out the joint necessary for carrying out the joint operation, including the following: operation, including where there is cooperation with third countries, including the following:
Amendment 214
Proposal for a regulation Article 39 – paragraph 3 – point d
Text proposed by the Commission Amendment
(d) a description of the tasks, (d) a description of the tasks, powers responsibilities, including with regard to and limitations thereof, responsibilities, the respect for fundamental rights, and including with regard to the respect for special instructions for the teams, including fundamental rights, and special instructions on permissible consultation of databases for the teams and for the officers involved and permissible service weapons, in activities of the Agency, including on ammunition and equipment in the host permissible consultation of databases and Member State; permissible service weapons, ammunition and equipment in the host Member State;
Amendment 215
Proposal for a regulation Article 39 – paragraph 3 – point m
Text proposed by the Commission Amendment
(m) procedures setting out a mechanism (m) procedures setting out a mechanism to receive and transmit to the Agency a to receive and transmit to the Agency a complaint against all persons participating complaint against all persons participating in a joint operation or rapid border in a joint operation, including an intervention, including border guards or operation with third countries, in a rapid other relevant staff of the host Member border intervention, in migration State and members of the teams alleging management support teams in hotspot
RR\1176810EN.docx 101/249 PE630.451v02-00 EN
breaches of fundamental rights in the areas, in a return operation or in a return context of their participation in a joint intervention, including border guards or operation or rapid border intervention; other relevant staff of the host Member State and members of the teams alleging breaches of fundamental rights in the context of their participation in a joint operation or rapid border intervention;
Amendment 216
Proposal for a regulation Article 39 – paragraph 3 – point n a (new)
Text proposed by the Commission Amendment
(n a) detailed provisions on fundamental rights safeguards;
Amendment 217
Proposal for a regulation Article 39 – paragraph 3 – point n b (new)
Text proposed by the Commission Amendment
(n b) provisions on the risk of fundamental rights violations and steps needed to be taken to avoid such violations, to ensure accountability for them and to ensure that they will not be repeated, including in relation to the powers to suspend and terminate an operation in accordance with Article 47.
Amendment 218
Proposal for a regulation Article 40 – paragraph 6
Text proposed by the Commission Amendment
6. The executive director together 6. The executive director together with the host Member State shall draw up with the host Member State shall draw up an operational plan as referred to in Article and agree upon an operational plan as 39 (3) immediately and, in any event, no referred to in Article 39 (3) immediately later than three working days from the date and, in any event, no later than three
PE630.451v02-00 102/249 RR\1176810EN.docx EN
of the decision. working days from the date of the decision.
Amendment 219
Proposal for a regulation Article 40 – paragraph 8 a (new)
Text proposed by the Commission Amendment
8 a. If a situation arises where the measures described in paragraphs 5 and 8 of this Article are insufficient, the executive director may request from each Member State the number and profiles of additional staff to be deployed from the rapid reaction pool as provided for in Article 58a. This information shall be provided in writing to the national contact points and shall indicate the date on which the deployment is to take place. A copy of the operational plan shall also be provided to them.
Amendment 220
Proposal for a regulation Article 40 – paragraph 9
Text proposed by the Commission Amendment
9. Member States shall ensure that the 9. Member States shall ensure that the number and profiles of the operational staff number and profiles of the operational staff are immediately made available to the are immediately made available to the Agency to guarantee a complete Agency to guarantee a complete deployment in accordance with Article deployment in accordance with Article 58(5) and (7). 58(5), (7) and (8).
Amendment 221
Proposal for a regulation Article 41 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment
Migration management support teams Where a Member State faces may be deployed, at the request of a disproportionate migratory challenges at
RR\1176810EN.docx 103/249 PE630.451v02-00 EN
Member State, or upon the initiative of the particular hotspot areas of its external Agency and with the agreement of the borders characterised by large inward Member State concerned, to provide mixed migratory flows, that Member State technical and operational reinforcement to may request technical and operational that Member State, in particular at hotspot reinforcement by migration management areas and controlled centres. support teams. That Member State shall submit a request for reinforcement and an assessment of its needs to the Agency and other relevant Union agencies, in particular the [European Union Agency for Asylum] and Europol.
Amendment 222
Proposal for a regulation Article 41 – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment
The Member State referred to in first deleted paragraph shall submit a request for reinforcement by migration management support teams and an assessment of its needs to the Commission. The Commission shall, based on the assessment of needs of that Member State, transmit the request to the Agency, to [the European Union Agency for Asylum], Europol or other relevant Union agencies, as appropriate.
Amendment 223
Proposal for a regulation Article 41 – paragraph 2
Text proposed by the Commission Amendment
2. The relevant Union agencies shall 2. The executive director, in assess a Member State's request for coordination with other relevant Union reinforcement and the assessment of its agencies, shall assess a Member State's needs to define, under the coordination of request for reinforcement and the the Commission, the necessary measures, assessment of its needs for the purpose of including the deployment of technical defining a comprehensive reinforcement equipment, to be agreed upon by the package consisting of various activities Member State concerned. coordinated by the relevant Union agencies to be agreed upon by the Member
PE630.451v02-00 104/249 RR\1176810EN.docx EN
State concerned.
Amendment 224
Proposal for a regulation Article 41 – paragraph 3
Text proposed by the Commission Amendment
3. The Commission shall, in 3. The Commission shall, in cooperation with the host Member State cooperation with the host Member State and the relevant Union agencies, establish and the relevant agencies, establish the the terms of cooperation for the terms of cooperation at the hotspot area deployment of the migration management and be responsible for the coordination of support teams as well as the deployment the activities of the migration of technical equipment, and shall be management support teams. responsible for the coordination of the activities of those teams.
Amendment 225
Proposal for a regulation Article 41 – paragraph 4 – introductory part
Text proposed by the Commission Amendment
4. The technical and operational 4. The technical and operational reinforcement provided, in full respect for reinforcement provided by the European fundamental rights, by migration Border and Coast Guard teams, the management support teams may include: European return intervention teams and experts from the Agency's staff in the framework of the migration management support teams, may include:
Amendment 226
Proposal for a regulation Article 41 – paragraph 4 – point a
Text proposed by the Commission Amendment
(a) assistance in screening of third- (a) in full respect for fundamental country nationals arriving at the external rights, providing assistance in screening of borders, including the identification, third-country nationals arriving at the registration, and debriefing of those third- external borders, including the country nationals and, where requested by identification, registration, and debriefing
RR\1176810EN.docx 105/249 PE630.451v02-00 EN
the Member State, the fingerprinting of of those third-country nationals and, where third-country nationals, security checks requested by the Member State, the and providing information regarding the fingerprinting of third-country nationals purpose of these procedures; and providing information regarding the purpose of these procedures;
Amendment 227
Proposal for a regulation Article 41 – paragraph 4 – point b
Text proposed by the Commission Amendment
(b) initial information to persons who (b) the provision of initial information wish to apply for international protection to persons who wish to apply for and their referral to the competent national international protection and their referral to authorities of the Member State concerned the competent national authorities of the or to the experts deployed by [the Member State concerned or the [European European Union Agency for Asylum]; Union Agency for Asylum];
Amendment 228
Proposal for a regulation Article 41 – paragraph 4 – point c
Text proposed by the Commission Amendment
(c) technical and operational assistance (c) technical and operational assistance in the return process, including in the in the field of return, including the preparation of return decisions, preparation and organisation of return acquisition of travel documents, operations. preparation and organisation of return operations, including with regard to voluntary returns;
Amendment 229
Proposal for a regulation Article 41 – paragraph 4 – point d
Text proposed by the Commission Amendment
(d) the necessary technical equipment. deleted
PE630.451v02-00 106/249 RR\1176810EN.docx EN
Amendment 230
Proposal for a regulation Article 41 – paragraph 5
Text proposed by the Commission Amendment
5. The Agency shall cooperate with deleted the [the European Union Agency for Asylum] to facilitate measures for the referral to the procedure for international protection and, for third country nationals whose application for international protection has been rejected by means of a final decision, to the return procedure.
Amendment 231
Proposal for a regulation Article 41 – paragraph 6
Text proposed by the Commission Amendment
6. Migration management support 6. Migration management support teams shall, where necessary, include staff teams shall, where necessary, include staff with expertise in child protection, with expertise in child protection, trafficking in human beings, protection of trafficking in human beings, protection fundamental rights and against gender- against gender-based persecution and/or based persecution. fundamental rights.
Amendment 232
Proposal for a regulation Article 42 – paragraph 1
Text proposed by the Commission Amendment
1. The executive director shall, based 1. The executive director may, based on the results of the vulnerability on the results of the vulnerability assessment or when a critical impact is assessment and taking into account the attributed to one or more external border relevant elements in the Member State’s sections and taking into account the contingency plans, the Agency's risk relevant elements in the Member State’s analysis and the analysis layer of the contingency plans, the Agency's risk European situational picture, recommend analysis and the analysis layer of the to the Member State concerned to initiate European situational picture, recommend and carry out joint operations or rapid to the Member State concerned to initiate border interventions or any other relevant
RR\1176810EN.docx 107/249 PE630.451v02-00 EN
and carry out joint operations or rapid actions by the Agency as defined in Article border interventions or any other relevant 37. actions by the Agency as defined in Article 37.
Amendment 233
Proposal for a regulation Article 42 – paragraph 2
Text proposed by the Commission Amendment
2. The Member State concerned shall 2. The Member State concerned shall respond to the recommendation of the respond to the recommendation of the Executive director within five working Executive director within five working days. In case of a negative reply on the days. In case of a negative reply on the proposed actions, the Member State shall proposed actions, the Member State shall also provide the justifications underlying also provide the justifications underlying this reply. The Executive Director shall this reply. The executive director shall without delay notify the Commission on without delay notify the Commission on the proposed actions and the justifications the proposed actions and the justifications for the negative reply in view of assessing for the negative reply in view of assessing whether urgent action may be required in whether further action may be required. accordance with Article 43.
Amendment 234
Proposal for a regulation Article 43 – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment
the Commission, after consulting the the Council, on the basis of a proposal Agency, may adopt without delay a from the Commission, may adopt without decision by means of an implementing act delay a decision by means of an in accordance with the procedure as implementing act, identifying measures to referred to in Article 117(3), identifying mitigate those risks to be implemented by measures to mitigate those risks to be the Agency and requiring the Member implemented by the Agency and requiring State concerned to cooperate with the the Member State concerned to cooperate Agency in the implementation of those with the Agency in the implementation of measures. The Commission shall consult those measures. the Agency before making its proposal.
Amendment 235
Proposal for a regulation
PE630.451v02-00 108/249 RR\1176810EN.docx EN
Article 43 – paragraph 1 – subparagraph 3
Text proposed by the Commission Amendment
On duly justified imperative grounds of deleted urgency relating to the functioning of the Schengen area, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 117(4).
Amendment 236
Proposal for a regulation Article 43 – paragraph 2
Text proposed by the Commission Amendment
2. Where a situation requiring urgent 2. Where a situation requiring urgent action arises, the European Parliament and action arises, the European Parliament the Council shall be informed of that shall be informed of that situation without situation without delay as well as of all delay as well as of all subsequent measures subsequent measures and decisions taken and decisions taken in response. in response.
Amendment 237
Proposal for a regulation Article 43 – paragraph 3 – introductory part
Text proposed by the Commission Amendment
3. To mitigate the risk of putting in 3. To mitigate the risk of putting in jeopardy the Schengen area, the jeopardy the Schengen area, the Council Commission decision referred to in decision referred to in paragraph 1 shall paragraph 1 shall provide for one or more provide for one or more of the following of the following measures to be taken by measures to be taken by the Agency: the Agency:
Amendment 238
Proposal for a regulation Article 43 – paragraph 3 – point a
RR\1176810EN.docx 109/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
(a) organise and coordinate rapid (a) organise and coordinate rapid border interventions and deploy the border interventions and deploy the European Border and Coast Guard standing European Border and Coast Guard standing corps; corps including teams from the rapid reaction pool for rapid border interventions;
Amendment 239
Proposal for a regulation Article 43 – paragraph 3 – point b
Text proposed by the Commission Amendment
(b) deploy the European Border and (b) deploy the European Border and Coast Guard standing corps in the Coast Guard standing corps in the framework of the migration management framework of the migration management support teams in particular at hotspot support teams at hotspot areas; areas;
Amendment 240
Proposal for a regulation Article 43 – paragraph 4 – introductory part
Text proposed by the Commission Amendment
4. The executive director shall, within 4. The executive director shall, within two working days from the date of two working days from the date of adoption of the Commission decision adoption of the Council decision referred referred to in paragraph 1, to in paragraph 1,
Amendment 241
Proposal for a regulation Article 43 – paragraph 4 – point b
Text proposed by the Commission Amendment
(b) submit the draft operational plan to (b) draw up a draft operational plan the Member States concerned. and submit it to the Member States concerned.
PE630.451v02-00 110/249 RR\1176810EN.docx EN
Amendment 242
Proposal for a regulation Article 43 – paragraph 5
Text proposed by the Commission Amendment
5. The executive director and the 5. The executive director and the Member State concerned shall draw up the Member State concerned shall agree on the operational plan within two working days operational plan within two working days from the date of its submission. from the date of its submission.
Amendment 243
Proposal for a regulation Article 43 – paragraph 6
Text proposed by the Commission Amendment
6. The Agency shall, without delay 6. The Agency shall, without delay and in any case within five working days and in any case within five working days from establishment of the operational plan, from establishment of the operational plan, deploy the necessary operational staff from deploy the necessary operational staff from the European Border and Coast Guard the European Border and Coast Guard standing corps referred to in Article 55 for standing corps referred to in Article 55 for the practical execution of the measures the practical execution of the measures identified in the Commission decision identified in the Council decision referred referred to in paragraph 1 of this Article. to in paragraph 1 of this Article. Additional Additional teams shall be deployed as teams shall be deployed as necessary at a necessary at a second stage and in any case second stage and in any case within seven within seven working days from the working days from the deployment of the deployment of the first teams deployed in first teams deployed in the operational the operational area. area.
Amendment 244
Proposal for a regulation Article 43 – paragraph 7 – subparagraph 1
Text proposed by the Commission Amendment
The Agency shall, without delay and in any The Agency shall, without delay and in any case within 10 working days from case within 10 working days from establishment of the operational plan, establishment of the operational plan, deploy the necessary technical equipment deploy the necessary technical equipment
RR\1176810EN.docx 111/249 PE630.451v02-00 EN
for practical execution of the measures for practical execution of the measures identified in the Commission decision identified in the Council decision referred referred to in paragraph 1. to in paragraph 1.
Amendment 245
Proposal for a regulation Article 43 – paragraph 8
Text proposed by the Commission Amendment
8. The Member State concerned shall 8. The Member State concerned shall comply with the Commission decision comply with the Council decision referred referred to in paragraph 1. For that purpose to in paragraph 1. For that purpose it shall it shall immediately cooperate with the immediately cooperate with the Agency Agency and take the necessary action, in and take the necessary action, in particular particular by implementing the obligations by implementing the obligations provided provided in Articles 44, 83 and 84, to in Articles 44, 83 and 84, to facilitate the facilitate the implementation of that implementation of that decision and the decision and the practical execution of the practical execution of the measures set out measures set out in that decision and in the in that decision and in the operational plan operational plan. agreed upon with the executive director.
Amendment 246
Proposal for a regulation Article 43 – paragraph 9 – subparagraph 2
Text proposed by the Commission Amendment
If the Member State concerned does not The Commission shall monitor the comply with the Commission decision implementation of the measures identified referred to in paragraph 1 within 30 days in the Council decision referred to in and does not cooperate with the Agency paragraph 1, and the actions taken for pursuant to paragraph 8 of this Article, the that purpose, by the Agency. If the Commission may trigger the procedure Member State concerned does not comply provided for in Article 29 of Regulation with the Council decision referred to in (EU) 2016/399. paragraph 1 within 30 days and does not cooperate with the Agency pursuant to paragraph 8 of this Article, the Commission may trigger the procedure provided for in Article 29 of Regulation (EU) 2016/399.
PE630.451v02-00 112/249 RR\1176810EN.docx EN
Amendment 247
Proposal for a regulation Article 44 – paragraph 1
Text proposed by the Commission Amendment
1. During deployment of border 1. During deployment of border management teams, return teams and management teams, return teams and migration management support teams, the migration management support teams, the host Member State shall issue instructions host Member State or – in the case of to the teams in accordance with the cooperation with a third country in operational plan. accordance with the status agreement – the third country concerned shall issue instructions to the teams in accordance with the operational plan.
Amendment 248
Proposal for a regulation Article 44 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency, through its 2. The Agency, through its coordinating officer, may communicate its coordinating officer, may communicate its views to the host Member State on the views to the host Member State on the instructions given to the teams. In that instructions given to the teams, including case, the host Member State shall take with regard to the protection, respect and those views into consideration and follow promotion of fundamental rights. In that them to the extent possible. case, the host Member State shall take those views into consideration and follow them to the extent possible.
Amendment 249
Proposal for a regulation Article 44 – paragraph 4
Text proposed by the Commission Amendment
4. Members of the teams shall, in the 4. Members of the teams shall, in the performance of their tasks and in the performance of their tasks and in the exercise of their powers, fully respect exercise of their powers, fully respect fundamental rights, including access to fundamental rights, including access to asylum procedures, and human dignity. asylum procedures, and human dignity and Any measures taken in the performance of shall pay particular attention to
RR\1176810EN.docx 113/249 PE630.451v02-00 EN
their tasks and in the exercise of their vulnerable persons. Any measures taken in powers shall be proportionate to the the performance of their tasks and in the objectives pursued by such measures. exercise of their powers shall be While performing their tasks and proportionate to the objectives pursued by exercising their powers, they shall not such measures. While performing their discriminate against persons on grounds of tasks and exercising their powers, they sex, racial or ethnic origin, religion or shall not discriminate against persons belief, disability, age or sexual orientation. based on any grounds such as sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in line with Article 21 of the Charter.
Amendment 250
Proposal for a regulation Article 44 – paragraph 5
Text proposed by the Commission Amendment
5. Members of the teams which are 5. Members of the teams which are not statutory staff members of the Agency, not statutory staff members of the Agency, shall remain subject to the disciplinary shall remain subject to the disciplinary measures of their home Member State. The measures of their home Member State. The home Member State shall provide for home Member State shall provide for appropriate disciplinary or other measures appropriate disciplinary or other measures in accordance with its national law in accordance with its national law regarding violations of fundamental rights regarding violations of fundamental rights or international protection obligations in or international protection obligations in the course of a joint operation or rapid the course of all operations or border intervention. interventions.
Amendment 251
Proposal for a regulation Article 46 – paragraph 1 – point f
Text proposed by the Commission Amendment
(f) costs related to the Agency's (f) costs related to the Agency's technical equipment. technical equipment, including search and rescue equipment.
Amendment 252
Proposal for a regulation Article 46 – paragraph 2
PE630.451v02-00 114/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
2. Following prior approval by the 2. Following prior approval by the Commission, the management board shall Commission, the management board shall establish detailed rules, and update them as establish detailed rules, and update them as necessary, as regards the payment of the necessary, as regards the payment of the costs incurred by staff deployed for short costs incurred by staff deployed for short duration in accordance with Article 58. The duration in accordance with Article 58. An detailed rules shall be based to the extent advance payment preceding the annual possible on simplified cost options. Where payment may be granted in accordance relevant, the Management Board shall aim with Article 61. The detailed rules shall be at ensuring coherency with the rules based to the extent possible on simplified applicable to reimbursement of mission cost options. The Management Board shall expenses of the statutory staff members. aim at ensuring coherency with the rules applicable to reimbursement of mission expenses of the statutory staff members.
Amendment 253
Proposal for a regulation Article 47 – paragraph 1
Text proposed by the Commission Amendment
1. The executive director shall 1. The executive director shall terminate activities of the Agency if the terminate activities of the Agency, conditions to conduct those activities are including when cooperating with third no longer fulfilled. The executive director countries, if the conditions to conduct shall inform the Member State concerned those activities are no longer fulfilled. The prior to such termination. executive director shall inform the Member State concerned prior to such termination.
Amendment 254
Proposal for a regulation Article 47 – paragraph 2
Text proposed by the Commission Amendment
2. The Member States participating in 2. The Member States participating in a joint operation, rapid border any operational activity by the Agency intervention or migration management may request that the executive director support team deployment may request that terminate that operational activity. the executive director terminate that joint operation, or rapid border intervention or migration management support team
RR\1176810EN.docx 115/249 PE630.451v02-00 EN
deployment.
Amendment 255
Proposal for a regulation Article 47 – paragraph 4
Text proposed by the Commission Amendment
4. The executive director shall, after 4. The executive director shall, after consulting the fundamental rights officer consulting the fundamental rights officer and informing the Member State and informing the Member State concerned, withdraw the financing of a concerned, withdraw the financing or joint operation, rapid border intervention, suspend or terminate, in whole or in part, pilot project, migration management a joint operation, rapid border intervention, support team deployment, return operation, pilot project, migration management return intervention or working arrangement support team deployment, return operation, or suspend or terminate, in whole or in return intervention or working arrangement part such activities, if he or she considers if he or she considers that there are that there are violations of fundamental violations of fundamental rights or rights or international protection international protection obligations that are obligations that are of a serious nature or of a serious nature or are likely to persist. are likely to persist. The executive director Such decision shall be taken on the basis shall inform the management board of such of objective criteria. The executive director a decision. shall inform the management board of such a decision. When taking such decision, the executive director shall, amongst others, take into account relevant information, such as the number and substance of complaints registered, serious incidents reports, reports from the liaison officers and coordinating officers posted in the host Member State and other relevant international organisations, Union institutions, bodies, offices and agencies in the areas covered by this Regulation.
Amendment 256
Proposal for a regulation Article 47 – paragraph 5
Text proposed by the Commission Amendment
5. If the executive director decides to 5. If the executive director decides to suspend or terminate deployment by the suspend or terminate deployment by the Agency of a migration management Agency of a migration management
PE630.451v02-00 116/249 RR\1176810EN.docx EN
support team, he or she shall inform the support team, he or she shall inform the other relevant agencies active in that other relevant agencies active in that hotspot area or controlled centre of that hotspot area of that decision. decision.
Amendment 257
Proposal for a regulation Article 48 – paragraph 1
Text proposed by the Commission Amendment
The executive director shall evaluate the The executive director shall evaluate the results of the joint operations and rapid results of all the Agency’s operational border interventions, pilot projects, activities and pilot projects. He or she shall migration management support team transmit detailed evaluation reports within deployments and operational cooperation 60 days following the end of those with third countries. He or she shall activities to the European Parliament, the transmit detailed evaluation reports within Council, the Commission, the 60 days following the end of those management board, together with the activities to the management board, observations of the fundamental rights together with the observations of the officer. The executive director shall make a fundamental rights officer. The executive comprehensive comparative analysis of director shall make a comprehensive those results with a view to enhancing the comparative analysis of those results with a quality, coherence and effectiveness of view to enhancing the quality, coherence future activities, and shall include that and effectiveness of future activities, and analysis in the Agency's annual activity shall include that analysis in the Agency's report. annual activity report.
Amendment 258
Proposal for a regulation Article 49 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
1. The Agency shall, with regard to 1. Without entering into the merits of return, and in accordance with the respect return decisions which remain the sole for fundamental rights and general responsibility of the Member States the principles of Union law as well as for Agency shall, with regard to return, and in international law, including refugee accordance with the respect for protection and children's rights, in fundamental rights, general principles of particular: Union law and international law, including refugee protection, the respect for the principle of non-refoulement and
RR\1176810EN.docx 117/249 PE630.451v02-00 EN
children's rights:
Amendment 259
Proposal for a regulation Article 49 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) provide technical and operational (a) provide technical and operational assistance to Member States in the return assistance to Member States that expressly of third country nationals, including the request it in the return of returnees, preparation of return decisions, the including providing assistance in the identification of third country nationals collection of information for the purpose and other pre-return and return-related of return decisions, the identification of activities of the Member States, including returnees and the acquisition of travel voluntary departures, to achieve an documents, including by means of integrated system of return management consular cooperation, without disclosing among competent authorities of the information relating to the fact that an Member States, with the participation of application for international protection relevant authorities of third countries and has been made or any other information other relevant stakeholders; that is not strictly relevant for the purpose of executing the return of the returnees concerned and other pre-return and return- related activities of the Member States; organise and coordinate return operations and provide support with voluntary departures in cooperation with the Member States to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countries and other relevant stakeholders;
Amendment 260
Proposal for a regulation Article 49 – paragraph 1 – point a a (new)
Text proposed by the Commission Amendment
(a a) coordinate at technical and operational level assisted voluntary returns from the Member States, providing assistance during the pre- departure, travel and post-arrival phase,
PE630.451v02-00 118/249 RR\1176810EN.docx EN
taking into account the needs of vulnerable migrants and in cooperation with the International Organisation for Migration;
Amendment 261
Proposal for a regulation Article 49 – paragraph 1 – point b
Text proposed by the Commission Amendment
(b) provide technical and operational (b) provide technical and operational assistance to Member States experiencing assistance to Member States experiencing challenges with regard to return or challenges with regard to their return migratory pressure, including by systems; deploying migration management teams;
Amendment 262
Proposal for a regulation Article 49 – paragraph 1 – point c
Text proposed by the Commission Amendment
(c) develop a reference model for a [(c) develop, in consultation with the return case management system fundamental rights officer and prescribing the structure of national return consultative forum, a reference model for management systems, as well as provide a return case management system technical and operational assistance to prescribing the structure of national return Member States in developing national management systems, as well as provide return management systems aligned with technical and operational assistance to the model; Member States in developing national return management systems aligned with the model;]
Amendment 263
Proposal for a regulation Article 49 – paragraph 1 – point d
Text proposed by the Commission Amendment
(d) develop and operate a central (d) operate and maintain IRMA as a system and a communication infrastructure platform and a communication between national return management infrastructure between national return
RR\1176810EN.docx 119/249 PE630.451v02-00 EN
systems of the Member States and the management systems of the Member States central system, as well as provide technical and the platform, as well as provide and operational assistance to Member technical and operational assistance to States in connecting to the communication Member States in connecting to the structure; communication structure;
Amendment 264
Proposal for a regulation Article 49 – paragraph 1 – point e
Text proposed by the Commission Amendment
(e) provide technical and operational deleted assistance to the Member States in the identification of third-country nationals and the acquisition of travel documents, including by means of consular cooperation, without disclosing information relating to the fact that an application for international protection has been made; organise and coordinate return operations and provide support with voluntary departures in cooperation with the Member States;
Amendment 265
Proposal for a regulation Article 49 – paragraph 2 – introductory part
Text proposed by the Commission Amendment
2. The technical and operational 2. The technical and operational assistance referred to in point (b) of assistance referred to in point (b) of paragraph 1 shall include activities to help paragraph 1 shall include activities to help Member States carry out return procedures Member States carry out return procedures by the competent national authorities by by the competent national authorities in providing, in particular: particular by:
Amendment 266
Proposal for a regulation Article 49 – paragraph 2 – point a
PE630.451v02-00 120/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
(a) interpreting services; (a) providing interpreting services;
Amendment 267
Proposal for a regulation Article 49 – paragraph 2 – point b
Text proposed by the Commission Amendment
(b) practical information, analysis and (b) providing practical information and recommendations on third countries of recommendations on third countries of return relevant for the implementation of return relevant for the implementation of this Regulation, in cooperation, where this Regulation, in cooperation, where appropriate, with other Union bodies, appropriate, with other Union bodies, offices and agencies, including EASO; offices and agencies, including [the European Union Agency for Asylum] and the European Union Agency for Fundamental Rights;
Amendment 268
Proposal for a regulation Article 49 – paragraph 2 – point c
Text proposed by the Commission Amendment
(c) advice on and technical and deleted operational assistance in the implementation and management of return procedures in compliance with Directive 2008/115/EC, including in the preparation of return decisions, in identification and in the acquisition of travel documents;
Amendment 269
Proposal for a regulation Article 49 – paragraph 2 – point d
Text proposed by the Commission Amendment
(d) advice on and assistance in (d) providing advice on and assistance
RR\1176810EN.docx 121/249 PE630.451v02-00 EN
measures necessary to ensure the in measures taken by Member States that availability of returnees for return purposes are legitimate, proportionate and and to prevent returnees from absconding, necessary to ensure the availability of in accordance with Directive 2008/115/EC returnees for return purposes as well as and international law; preventing returnees from absconding, and on alternatives to detention in accordance with Directive 2008/115/EC and international law;
Amendment 270
Proposal for a regulation Article 49 – paragraph 2 – point e
Text proposed by the Commission Amendment
(e) equipment, capacities and expertise (e) providing equipment, capacities for the implementation of return decisions and expertise for the implementation of and for the identification of third-country return decisions and for the identification nationals. of third-country nationals.
Amendment 271
Proposal for a regulation Article 49 – paragraph 4
Text proposed by the Commission Amendment
4. The Agency may exceptionally deleted receive grants from Union funds dedicated to return activities in accordance with the financial rules applicable to the Agency. The Agency shall ensure that in its grant agreements with Member States any financial support is conditional upon the full respect for the Charter.
Amendment 272
Proposal for a regulation Article 50 – paragraph 1
Text proposed by the Commission Amendment
The Agency shall develop, deploy and The Agency shall develop, deploy and
PE630.451v02-00 122/249 RR\1176810EN.docx EN
operate information systems and software operate information systems and software applications allowing for the exchange of applications allowing for the exchange of classified and sensitive non-classified classified and sensitive non-classified information for the purpose of return information for the purpose of return within the European Border and Coast within the European Border and Coast Guard and for the purpose of exchanging Guard and for the purpose of exchanging personal data referred to in Articles 87- personal data referred to in Articles 87- 89in accordance with Commission 89in accordance with Commission Decision (EU, Euratom) 2015/444, Decision (EU, Euratom) 2015/444, Commission Decision (EU, Euratom) Commission Decision (EU, Euratom) 2015/443 and [Regulation (EC) No 2015/443 and Regulation (EU) 2018/1725. 45/2001].
Amendment 273
Proposal for a regulation Article 50 – paragraph 2
Text proposed by the Commission Amendment
In particular, the Agency shall set up, In particular, the Agency shall operate and operate and maintain a central system for maintain IRMA as a platform for processing all information and data, processing all information and data, automatically communicated by the communicated by the Member States’ Member States’ national return national return management systems, management systems, necessary for the necessary for the Agency to provide Agency to provide technical and technical and operational assistance in operational assistance in accordance with accordance with Articles 49, 51 and 54. Article 49.
Amendment 274
Proposal for a regulation Article 51 – paragraph 1
Text proposed by the Commission Amendment
1. Without entering into the merits of 1. Without entering into the merits of return decisions, the Agency shall provide return decisions which remain the sole technical and operational assistance and responsibility of the Member States, the ensure the coordination or the organisation Agency shall provide technical and of return operations, including through the operational assistance and ensure the chartering of aircraft for the purpose of coordination or the organisation to be able such operations or organising returns on to carry out return operations. The Agency scheduled flights. The Agency may, on its may, on its own initiative with the own initiative coordinate or organise return agreement of the Member State concerned coordinate or organise return operations in
RR\1176810EN.docx 123/249 PE630.451v02-00 EN
operations. accordance with Article 7(2). When the Agency provides technical and operational assistance to Member States in organising the return of returnees, the Agency, through its coordinating officer, shall verify that all third-country nationals embarking on flights organised or coordinated by the Agency have received a final return decision. Member States shall transmit to the Agency a copy of the return decision in respect of any returnee who is to be returned with the technical and operational assistance of the Agency. The Agency shall not coordinate, organise or propose return operations to third countries where risks of fundamental rights violations or serious deficiencies in relevant civil and criminal law systems and procedures have been identified. This shall be determined, amongst other, on the basis of verified reports by the fundamental rights officer.
Amendment 275
Proposal for a regulation Article 51 – paragraph 2
Text proposed by the Commission Amendment
2. Member States shall on a monthly 2. Member States shall, through the basis provide operational data on return system referred to in Article 50(1), provide necessary for the assessment of return operational data on return necessary for the needs by the Agency and inform the assessment of return needs by the Agency Agency of their indicative planning of the and inform the Agency of their indicative number of returnees and of the third planning of the number of returnees and of countries of return, both with respect to the third countries of return, both with relevant national return operations, and of respect to relevant national return their needs for assistance or coordination operations, and of their needs for assistance by the Agency. The Agency shall draw up or coordination by the Agency. The and maintain a rolling operational plan to Agency shall draw up and maintain a provide the requesting Member States with rolling operational plan to provide the the necessary operational assistance and requesting Member States with the reinforcements, including through necessary operational assistance and technical equipment. The Agency may, on reinforcements, including through its own initiative or at the request of a technical equipment. The Agency may, on
PE630.451v02-00 124/249 RR\1176810EN.docx EN
Member State, include in the rolling its own initiative with the agreement of the operational plan the dates and destinations Member State concerned and in of return operations it considers necessary, accordance with Article 7(2) or at the based on a needs assessment. The request of a Member State, include in the management board shall decide, on a rolling operational plan the dates and proposal of the executive director, on the destinations of return operations it modus operandi of the rolling operational considers necessary, based on a needs plan. assessment. The management board shall decide, on a proposal of the executive director, on the modus operandi of the rolling operational plan. The Agency, through its coordinating officer, shall verify whether all returnees embarked on return flights organised or coordinated by the Agency, have received a final return decision in accordance with Directive 2008/115/EC. Operational plans for all return operations and interventions supported and coordinated by the Agency shall be agreed between, and be binding upon, the Agency, the participating Member States and participating third countries in all return operations and return interventions, on the proposal of the executive director. Operational plans shall cover all aspects necessary for carrying out the return operation, including inter alia, procedures for monitoring, reporting and the complaints mechanism, and detailed provisions on the implementation of fundamental rights and rule of law safeguards, with reference to relevant standards and codes of conduct.
Amendment 276
Proposal for a regulation Article 51 – paragraph 3
Text proposed by the Commission Amendment
3. The Agency may provide technical 3. The Agency may provide technical and operational assistance and, either at the and operational assistance and may also, request of the participating Member States either at the request of the participating or on its own initiative, ensure the Member States or on its own initiative with coordination or the organisation of return the agreement of the Member State
RR\1176810EN.docx 125/249 PE630.451v02-00 EN
operations for which the means of transport concerned and in accordance with Article and forced-return escorts are provided by a 7(2), ensure the coordination or the third country of return (‘collecting return organisation of return operations for which operations’). The participating Member the means of transport and forced-return States and the Agency shall ensure that the escorts are provided by a third country of respect for fundamental rights, the return (‘collecting return operations’). The principle of non-refoulement, and the participating Member States and the proportionate use of means of constraints Agency shall ensure that the respect for are guaranteed during the entire return fundamental rights, the principle of non- operation. At least one Member State refoulement, the proportionate use of representative, and one forced-return means of constraints and the dignity of the monitor from the pool established under returnee are guaranteed during the entire Article 52 or from the national monitoring return operation. At least one Member system of the participating Member State, State representative, and one forced-return shall be present throughout the entire monitor from the pool established under return operation until arrival at the third Article 52 or from the national monitoring country of return. system of the participating Member State, shall be present throughout the entire return operation until arrival at the third country of return.
Amendment 277
Proposal for a regulation Article 51 – paragraph 5 – subparagraph 2
Text proposed by the Commission Amendment
Every return operation shall be monitored Every return operation shall be monitored in accordance with Article 8(6) of in accordance with Article 8(6) of Directive 2008/115/EC. The monitoring of Directive 2008/115/EC. The monitoring of forced-return operations shall be carried forced-return operations shall be carried out by the forced-return monitor on the out by the forced-return monitor on the basis of objective and transparent criteria basis of objective and transparent criteria and shall cover the whole return operation and shall cover the whole return operation from the pre-departure phase until the from the pre-departure phase until the hand-over of the returnees in the third handover of the returnees in the third country of return. The forced-return country of return. The forced-return monitor shall submit a report on each monitor shall submit a report on each forced-return operation to the executive forced-return operation to the executive director, the fundamental rights officer and director, the fundamental rights officer, to to the competent national authorities of all the competent national authorities of all the the Member States involved in the given Member States involved in the given operation. If necessary, appropriate follow- operation, and where necessary, to the up shall be ensured by the executive European Ombudsman. If necessary, director and competent national authorities appropriate follow-up shall be ensured by respectively. the executive director and competent
PE630.451v02-00 126/249 RR\1176810EN.docx EN
national authorities respectively.
Amendment 278
Proposal for a regulation Article 51 – paragraph 5 – subparagraph 3
Text proposed by the Commission Amendment
If the Agency has concerns regarding the If the Agency has concerns regarding the respect of fundamental rightsduring a respect of fundamental rights of a return return operation, it shall communicate operation, it shall communicate them to the them to the participating Member States participating Member States, to the and to the Commission. Commission, to the European Union Agency for Fundamental Rights, and where necessary, to the European Ombudsman.
Amendment 279
Proposal for a regulation Article 51 – paragraph 6
Text proposed by the Commission Amendment
6. The executive director shall 6. The executive director shall evaluate the results of the return operations evaluate the results of the return operations andshall transmit every six months a and shall transmit every six months a detailed evaluation report covering all detailed evaluation report covering all return operations conducted in the previous return operations conducted in the previous semester to the management board, semester to the European Parliament, to together with the observations of the the Council, to the Commission and to the fundamental rights officer. The executive management board, together with the director shall make a comprehensive observations of the fundamental rights comparative analysis of those results with a officer. The executive director shall make a view to enhancing the quality, coherence comprehensive comparative analysis of and effectiveness of future return those results with a view to enhancing the operations. The executive director shall quality, coherence and effectiveness of include that analysis in the Agency's future return operations. The executive annual activity report. director shall include that analysis in the Agency's annual activity report.
Amendment 280
Proposal for a regulation Article 51 – paragraph 7
RR\1176810EN.docx 127/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
7. The Agency shall finance or co- 7. The Agency shall finance return finance return operations from its budget, operations from its budget, in accordance in accordance with the financial rules with the financial rules applicable to the applicable to the Agency, giving priority to Agency, giving priority to those conducted those conducted by more than one Member by more than one Member State, or from State, or from hotspot areas or controlled hotspot areas. centres.
Amendment 281
Proposal for a regulation Article 52 – paragraph 1
Text proposed by the Commission Amendment
1. The Agency shall, after consulting 1. The Agency shall, after taking due the fundamental rights officer, constitute a account to the recommendation by the pool of forced-return monitors from fundamental rights officer, constitute a competent bodies who carry out forced- pool of forced-return monitors as part of return monitoring activities in accordance the European Border and Coast Guard with Article 8(6) of Directive 2008/115/EC standing corps referred to in Article 55 and who have been trained in accordance and from competent bodies who carry out with Article 62 of this Regulation. forced-return monitoring activities in accordance with Article 8(6) of Directive 2008/115/EC and who have been trained in accordance with Article 62 of this Regulation. The forced-return monitors shall report to the Agency, including its fundamental rights officer.
Amendment 282
Proposal for a regulation Article 52 – paragraph 2
Text proposed by the Commission Amendment
2. The management board shall, on a 2. The management board shall, on a proposal of the executive director proposal of the executive director, and in determine the profile and the number of cooperation with the Fundamental Rights forced-return monitors to be made Agency, determine the profile and the available to that pool. The same procedure number of forced-return monitors to be shall apply with regard to any subsequent made available to that pool, taking into changes in the profile and overall numbers. account the number of return specialists
PE630.451v02-00 128/249 RR\1176810EN.docx EN
Member States shall be responsible for and forced-return escorts available to the contributing to the pool by nominating Agency to assist in return operations and forced-return monitors corresponding to interventions. The same procedure shall the defined profile. Forced-return monitors apply with regard to any subsequent with specific expertise in child protection changes in the profile and overall numbers. shall be included in the pool. Member States shall be responsible for contributing to the pool by nominating forced-return monitors corresponding to the defined profile. Forced-return monitors with specific expertise in child protection shall be included in the pool.
Amendment 283
Proposal for a regulation Article 52 – paragraph 5
Text proposed by the Commission Amendment
5. Forced-return monitors shall remain 5. Forced-return monitors shall remain subject to the disciplinary measures of their subject to the disciplinary measures of their home Member State in the course of a home Member State in the course of a return operation or return intervention. return operation or return intervention. After the pool of forced-return monitors is constituted by the Agency, following the determination of the profile and the number of forced-return monitors, the Agency shall entrust the Council of Europe and its forced-return monitors within its Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to conduct spot-checks on a selected sample of a maximum of 20 per cent of return operations carried out or facilitated by the Agency. The Council of Europe’s forced return monitors shall compile a report following each spot- check. The Council of Europe shall compile an annual evaluation report from the information collected which shall be communicated to the executive director, the Agency’s management board, the fundamental rights officer and the consultative forum, the European Parliament, the Council and the Commission. The Council of Europe shall receive an adequate funding
RR\1176810EN.docx 129/249 PE630.451v02-00 EN
from the Agency on an annual basis to evaluate the Agency’s pool of forced- return monitors. The results of the annual evaluation report shall be taken into account in the evaluation of this Regulation in accordance with Article 116. No forced return shall be carried out or facilitated by the Agency before its pool of forced-return monitors is fully constituted and ready for deployment.
Amendment 284
Proposal for a regulation Article 53 – paragraph 1
Text proposed by the Commission Amendment
1. The Agency may deploy return 1. The Agency may deploy return teams either at the request of a Member teams, that also consist of officers with State or on its own initiative, during return specific expertise in child protection, interventions, in the framework of either at the request of a Member State, or migration management teams or as on its own initiative with the agreement of necessary to provide additional technical the Member State concerned, during and operational assistance in the area of return interventions, in the framework of return, including where such challenges migration management teams or as are linked to large inward mixed necessary to provide additional technical migratory flows or taking in third-country and operational assistance in the area of nationals rescued at sea. return. Only border guards, experts and staff who have received training in accordance with Article 62 shall be deployed to an activity by the Agency.
Amendment 285
Proposal for a regulation Article 54 – paragraph 1
Text proposed by the Commission Amendment
1. In circumstances where a Member 1. In circumstances where a Member State is facing a burden when State is facing a burden when implementing the obligation to return implementing the obligation to return third-country nationals who are the returnees, the Agency shall, either on its subject of return decisions issued by a own initiative with the agreement of the
PE630.451v02-00 130/249 RR\1176810EN.docx EN
Member State, the Agency shall, either on Member State concerned or upon request its own initiative or upon request of that of that Member State, provide the Member State, provide the appropriate appropriate technical and operational technical and operational assistance in the assistance in the form of a return form of a return intervention. Such intervention . Such intervention may intervention may consist of the deployment consist of the deployment of return teams of return teams to the host Member State to the host Member State providing providing assistance in the implementation assistance in the implementation of return of return procedures and the organisation procedures and the organisation of return of return operations from the host Member operations from the host Member State. At State. least a Member State representative and a forced-return monitor from the pool established under Article 51 shall be present throughout the entire return intervention until arrival at the third country of return.
Amendment 286
Proposal for a regulation Article 54 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency may also launch deleted return interventions in third countries, based on the directions set out in the multiannual strategic policy cycle, where such third country requires additional technical and operational assistance with regard to its return activities. Such intervention may consist of the deployment of return teams for the purpose of providing technical and operational assistance to return activities of the third country.
Amendment 287
Proposal for a regulation Article 54 – paragraph 3
Text proposed by the Commission Amendment
3. In circumstances where a Member 3. In circumstances where a Member State is facing specific and State is facing specific and disproportionate challenges when disproportionate challenges when
RR\1176810EN.docx 131/249 PE630.451v02-00 EN
implementing its obligation to return third- implementing its obligation to return country nationals who are the subject of returnees who are the subject of return return decisions, the Agency shall, either decisions, the Agency shall, either on its on its own initiative or upon the request of own initiative with the agreement of the that Member State, provide the appropriate Member State concerned or upon the technical and operational assistance in the request of that Member State, and form of a rapid return intervention. A rapid following an assessment of fundamental return intervention may consist in the rapid rights and rule of law situation in the deployment of return teams to the host Member State concerned, provide the Member State providing assistance in the appropriate technical and operational implementation of return procedures and assistance in the form of a rapid return the organisation of return operations from intervention. A rapid return intervention the host Member State. may consist in the rapid deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State. At least a Member State representative and a forced-return monitor from the pool established under Article 51 shall be present throughout the entire return intervention until arrival at the third country of return.
Amendment 288
Proposal for a regulation Article 54 – paragraph 6
Text proposed by the Commission Amendment
6. The Agency shall finance or co- 6. The Agency shall finance return finance return interventions from its interventions from its budget in accordance budget in accordance with the financial with the financial rules applicable to the rules applicable to the Agency. Agency.
Amendment 289
Proposal for a regulation Article 55 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
1. A European Border and Coast 1. A European Border and Coast Guard standing corps of 10 000 Guard standing corps shall be part of the operational staff shall be part of the Agency. This standing corps shall be Agency. This standing corps shall be composed of the following four categories
PE630.451v02-00 132/249 RR\1176810EN.docx EN
composed of the following three categories of staff in accordance with the annual of staff in accordance with the annual availability scheme set in Annex I: availability scheme set in Annex I:
Amendment 290
Proposal for a regulation Article 55 – paragraph 1 – point c a (new)
Text proposed by the Commission Amendment
(c a) Category 4: a rapid reaction pool consisting of operational staff from the Member States to be deployed for the purpose of rapid border interventions in accordance with Article 58a.
Amendment 291
Proposal for a regulation Article 55 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency shall deploy members 2. The Agency shall deploy members of the European Border and Coast Guard of the European Border and Coast Guard standing corps as members of the border standing corps as members of the border management teams, migration management management teams, migration management support teams, return teams in joint support teams, return teams in joint operations, rapid border interventions or operations, including forced-return return interventions or any other relevant monitors, rapid border interventions or operational activities in the Member States return interventions or any other relevant or in third countries. operational activities in the Member States or in third countries. The Agency and the Member State concerned shall ensure that no operational overlap is created.
Amendment 292
Proposal for a regulation Article 55 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2 a. Team members of the Agency deployed in an operation may cooperate
RR\1176810EN.docx 133/249 PE630.451v02-00 EN
with Europol teams deployed in the same geographic area in matters relating to cross-border crime.
Amendment 293
Proposal for a regulation Article 55 – paragraph 3
Text proposed by the Commission Amendment
3. In accordance with Article 83, all 3. In accordance with Article 83, all the members of the European Border and the members of the European Border and Coast Guard standing corps shall be Coast Guard standing corps shall, subject enabled to carry out border control or to the agreement of the host Members return tasks, including the tasks requiring State, be enabled to carry out border executive powers defined in the relevant control or return tasks, including the tasks national laws or, for the staff of the requiring executive powers defined in the Agency, in accordance with Annex II. relevant national laws or, for the staff of the Agency, in accordance with Annex II to this Regulation. The standing corps, including the statutory staff, shall meet the requirements for specialised training and professionalism as provided for in Article 16(1) of Regulation (EU) 2016/399.
Amendment 294
Proposal for a regulation Article 55 – paragraph 4 – point a
Text proposed by the Commission Amendment
(a) on the numbers per specific profiles (a) on the numbers per specific profiles of operational staff under each of the three of operational staff under categories 1 to 3 categories within the European Border and within the European Border and Coast Coast Guard standing corps to form teams Guard standing corps, and category 4 in in the following year; case of rapid border interventions, to form teams in the following year;
Amendment 295
Proposal for a regulation Article 55 – paragraph 6
PE630.451v02-00 134/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
6. The Agency may recruit up to 4% 6. The Agency may recruit up to 10% of the total number of the European Border of the total number of the European Border and Coast Guard standing corps as staff and Coast Guard standing corps, taken having supportive functions for the from Category 1 or use seconded national establishment of the standing Corps, experts, as staff having supportive planning and management of its operations functions for the establishment of the and for the acquisition of the Agency's own standing Corps, planning and management equipment. of its operations and for the acquisition of the Agency's own equipment.
Amendment 296
Proposal for a regulation Article 55 – paragraph 6 a (new)
Text proposed by the Commission Amendment
6 a. After ... [five years after the entry into force of this Regulation], the numbers of staff set out in Annex I shall be reviewed annually provided that the standing corps has been established and is fully functional. Where necessary, the numbers of staff in categories 1, 2, 3 and 4 may be increased or decreased by up to 30 % as long as those numbers do not go under the minimum threshold of 5 000 operational staff or do not exceed the maximum threshold of 7 000 operational staff. The Commission is empowered to adopt delegated acts in accordance with Article 118 to amend this Regulation in order to adjust the numbers of staff set out in Annex I.
Amendment 297
Proposal for a regulation Article 56 – paragraph 1
Text proposed by the Commission Amendment
1. The Agency shall contribute to the 1. The Agency shall contribute to the European Border and Coast Guard standing European Border and Coast Guard standing
RR\1176810EN.docx 135/249 PE630.451v02-00 EN
corps members of its statutory staff corps members of its statutory staff (Category 1) to be deployed to operational (Category 1) to be deployed to operational areas as members of the teams with all the areas as members of the teams with all the tasks and powers, including the task to tasks and powers, including the task to operate the Agency's own equipment. monitor the fundamental rights compliance and operate the Agency's own equipment.
Amendment 298
Proposal for a regulation Article 56 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. The Agency shall contribute to the European Border and Coast Guard standing corps at a minimum 100 members of its statutory staff (Category 1) to be deployed to operational areas and return operations and activities, reporting directly to the fundamental rights officer, tasked with monitoring the fundamental rights compliance of all activities and operations of the Agency, the host Member State or third country. The monitors of fundamental rights compliance as members of the statutory staff shall be independent in the performance of their duties. They shall report directly to the fundamental rights officer and to the consultative forum. They shall have the necessary qualifications and experience in the field of fundamental rights and return monitoring.
Amendment 299
Proposal for a regulation Article 56 – paragraph 2
Text proposed by the Commission Amendment
2. In accordance with Article 62(2), 2. In accordance with Article 62(2), following their recruitment, the new staff following their recruitment, the new staff members shall undergo full border-guard members shall undergo full training,
PE630.451v02-00 136/249 RR\1176810EN.docx EN
or return-related training, as relevant, in including on fundamental rights, the framework of dedicated training according to their profile. A border-guard programmes designed by the Agency, and, training, return-related training or based on agreements with selected Member enhanced fundamental rights training States, implemented in their specialised shall be organised, as relevant, in the academies. The cost of training shall be framework of dedicated training entirely covered by the Agency. programmes designed by the Agency, and, based on agreements with selected Member States, implemented in their specialised academies. The cost of training shall be entirely covered by the Agency.
Amendment 300
Proposal for a regulation Article 56 – paragraph 3
Text proposed by the Commission Amendment
3. Throughout their employment, the 3. Throughout their employment, the Agency shall ensure that its statutory staff Agency shall ensure that its statutory staff members discharge their duties as team members discharge their duties as team members with high standards. Adequate members according to the highest training maps shall be designed for each standards and in full compliance with staff member ensuring their constant fundamental rights. Adequate training professional qualification to fulfil border maps shall be designed for each staff guard or return-related tasks. member ensuring their constant professional qualification to fulfil border guard, fundamental rights monitor or return-related tasks.
Amendment 301
Proposal for a regulation Article 56 – paragraph 4
Text proposed by the Commission Amendment
4. Other staff members employed by 4. Other staff members employed by the Agency who are not qualified to the Agency who are not qualified to perform border control or return functions perform border control, fundamental shall only be deployed during joint rights monitor or return functions shall operations for coordination and other only be deployed during joint operations related tasks. They shall not form part of for coordination and other related tasks. the teams. They shall not form part of the teams.
RR\1176810EN.docx 137/249 PE630.451v02-00 EN
Amendment 302
Proposal for a regulation Article 57 – paragraph 1
Text proposed by the Commission Amendment
1. The Member States shall contribute 1. The Member States shall contribute to the European Border and Coast Guard to the European Border and Coast Guard standing corps operational staff seconded standing corps operational staff seconded as team members to the Agency (Category as team members to the Agency (Category 2). The duration of individual secondments 2). The duration of individual secondments shall be determined in accordance with shall be determined in accordance with Article 93(7). In order to facilitate the Article 94 (7). In order to facilitate the implementation of the financial support implementation of the financial support system referred to in Article 61, the system referred to in Article 61, the secondment shall, as a general rule, start at secondment shall, as a general rule, start at the beginning of a calendar year. the beginning of a calendar year.
Amendment 303
Proposal for a regulation Article 57 – paragraph 4
Text proposed by the Commission Amendment
4. By 30 June each year, each 4. By 30 June each year, each Member State shall nominate for Member State shall nominate for secondment their operational staff in secondment their operational staff in accordance with the specific numbers and accordance with the specific numbers and profiles decided by the Management Board profiles decided by the Management Board for the following year as referred to in for the following year as referred to in Article 55(4). The Agency may verify Article 55(4). The Agency shall verify whether the operational staff proposed by whether the operational staff proposed by Member States correspond to the defined Member States correspond to the defined profiles and possess the necessary language profiles and possess the necessary language skills. By 15 September, the Agency shall skills. By 15 September, the Agency shall accept the proposed candidates or request accept the proposed candidates or refuse that a Member State propose another them in case of incompliance with the candidate for secondment in case of required profiles, insufficient language incompliance with the required profiles, skills, misconduct or infringement of the insufficient language skills, misconduct or applicable rules during previous infringement of the applicable rules during deployments and request that a Member previous deployments. State propose another candidate for secondment.
PE630.451v02-00 138/249 RR\1176810EN.docx EN
Amendment 304
Proposal for a regulation Article 57 – paragraph 5 a (new)
Text proposed by the Commission Amendment
5 a. Without prejudice to Article 75(3), all deployments of category 2 staff shall be mandatory. Where Article 75(3) is invoked, statutory staff shall replace the category 2 staff in question.
Amendment 305
Proposal for a regulation Article 58 – paragraph 2
Text proposed by the Commission Amendment
2. Each Member State shall be 2. Each Member State shall be responsible to ensure that operational staff responsible to ensure that operational staff nominated are available upon request of nominated are available upon request of the Agency in accordance with the the Agency in accordance with the arrangements defined in this Article. Each arrangements defined in this Article. Each operational staff member shall be available operational staff member shall be available for a period of up to a maximum of 4 for a period of a minimum of 2 months months within a calendar year. and up to a maximum of 4 months within a calendar year.
Amendment 306
Proposal for a regulation Article 58 – paragraph 3
Text proposed by the Commission Amendment
3. The Agency may verify whether 3. The Agency shall verify whether operational staff nominated for short-term operational staff nominated for short-term deployments by Member States correspond deployments by Member States correspond to the defined profiles and possess the to the defined profiles and possess the necessary language skills. The Agency necessary language skills. The Agency may request that a Member State remove shall refuse nominated operational staff in an operational staff member from the case of incompliance with the required national list in case of incompliance with profiles, insufficient linguistic skills, the required profiles, insufficient linguistic misconduct or infringement of the skills, misconduct or infringement of the applicable rules during previous
RR\1176810EN.docx 139/249 PE630.451v02-00 EN
applicable rules during previous deployments and request that a Member deployments. State to nominate another candidate.
Amendment 307
Proposal for a regulation Article 58 – paragraph 8 a (new)
Text proposed by the Commission Amendment
8 a. Without prejudice to Article 75(3) all deployments of category 3 staff shall be mandatory. Where Article 75(3) is invoked, statutory staff shall replace the category 3 staff in question.
Amendment 308
Proposal for a regulation Article 58 a (new)
Text proposed by the Commission Amendment
Article 58 a Member States’ participation in the European Border and Coast Guard standing corps through the rapid reaction pool 1. The Member States shall place the operational staff forming part of the rapid reaction pool at the immediate disposal of the Agency (Category 4). Operational staff may be deployed as part of the rapid reaction pool from each Member State within five working days from the date on which the operational plan is agreed by the executive director and the host Member State exclusively for rapid border interventions, provided that category 1 to 3 staff required for the operation in question have already been fully deployed. For that purpose, each Member State shall, on a yearly basis, make available to the Agency a number of border guards or other relevant staff. Their profiles shall be as defined in the decision of the
PE630.451v02-00 140/249 RR\1176810EN.docx EN
management board. The total number of staff made available by the Member States shall amount to 3 000 border guards or other relevant staff. The Agency shall verify whether the border guards proposed by Member States correspond to the defined profiles. The Agency shall accept the proposed candidates or refuse them in case of incompliance with the required profiles, insufficient language skills, misconduct or infringement of the applicable rules during previous deployments and request that a Member State propose another candidate for secondment. 2. Each Member State shall be responsible for its contribution to the number of border guards or other relevant staff, as referred to in paragraph 1, in accordance with Annex Va.
Amendment 309
Proposal for a regulation Article 59 – title
Text proposed by the Commission Amendment
Mid-term review of the functioning of the Review of the functioning of the EUROPEAN BORDER AND COAST EUROPEAN BORDER AND COAST GUARD standing corps GUARD standing corps
Amendment 310
Proposal for a regulation Article 59 – paragraph 1
Text proposed by the Commission Amendment
1. By 31 June 2024, based in 1. By [two years after entry into force particular on the reports referred to in of this Regulation], based in particular on Article 65, the Commission shall carry out the reports referred to in Article 65 and a mid-term review on the functioning of Article 62(8a), the Commission, together European Border and Coast Guard standing with the Member States, shall carry out a corps, assessing its overall number and review on the functioning of the European composition. The review shall take into Border and Coast Guard standing corps,
RR\1176810EN.docx 141/249 PE630.451v02-00 EN
account the evolution of the statutory staff including the rapid reaction pool, for the Agency's contributions or any assessing its overall training, specialised significant changes in the individual expertise, professionalism, number and Member States' capabilities affecting their composition. The review shall take into abilities to contribute to the standing corps. account the evolution of the statutory staff for the Agency's contributions or any significant changes in the individual Member States' capabilities affecting their abilities to contribute to the standing corps.
Amendment 311
Proposal for a regulation Article 59 – paragraph 2
Text proposed by the Commission Amendment
2. This mid-term review shall be 2. This review shall be accompanied, accompanied, where necessary, by where necessary, by appropriate proposals appropriate proposals to amend Annexes I, to amend Annexes I, III, IV and Va. III and IV.
Amendment 312
Proposal for a regulation Article 59 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2 a. By ... [two years after entry into force of this Regulation], and every four years thereafter, the Commission, together with the Member States and with the assistance of the Agency, shall carry out an independent review of the level of training, specialised expertise and professionalism possessed by the staff of the European Border and Coast Guard standing corps. The Commission shall communicate the results of the review to the European Parliament, to the Council and to the Commission.
Amendment 313
Proposal for a regulation
PE630.451v02-00 142/249 RR\1176810EN.docx EN
Article 60 – paragraph 1
Text proposed by the Commission Amendment
1. Subject to the agreement of the host 1. Subject to the agreement with the Member State, the Agency may set up host Member State or the explicit antenna offices on its territory to facilitate inclusion of this possibility in the status and improve coordination of the agreement concluded with the host third operational activities, including in the field country, the Agency may set up antenna of returns, organised by the Agency in that offices on the territory of that Member Member State or in the neigbouring State or third country, in order to facilitate region and to ensure the effective and improve coordination of the management of the human and technical operational activities, including in the field resources of the Agency. The antenna of returns, organised by the Agency in that offices shall be temporary establishments Member State or in a third country and to set up for the period of time necessary for ensure the effective management of the the Agency to carry out significant human and technical resources of the operational activities in that specific Agency. The antenna offices shall be set up Member State or the neigbouring region for the period of time necessary for the concerned. That period of time may be Agency to carry out significant operational prolonged, if necessary. activities in that specific Member State or the third country concerned. That period of time may be prolonged, if necessary.
Amendment 314
Proposal for a regulation Article 60 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency and the host Member 2. The Agency and the host Member State where the antenna office is set up State or the host third country where the shall endeavour to make the necessary antenna office is set up shall make the arrangements in order to provide the best necessary arrangements in order to provide possible conditions needed to fulfil the the best possible conditions needed to fulfil tasks assigned to the antenna office. the tasks assigned to the antenna office. The place of employment for the staff working in antenna offices shall be set in accordance with Article 94(2).
Amendment 315
Proposal for a regulation Article 60 – paragraph 3 – point b
RR\1176810EN.docx 143/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
(b) provide operational support to the (b) provide operational support to the Member State in the operational areas Member State or the third country in the concerned; operational areas concerned;
Amendment 316
Proposal for a regulation Article 60 – paragraph 3 – point c a (new)
Text proposed by the Commission Amendment
(c a) monitor the fundamental rights compliance of operations and activities in the area of border management and return and report directly to the fundamental rights officer;
Amendment 317
Proposal for a regulation Article 60 – paragraph 3 – point d
Text proposed by the Commission Amendment
(d) cooperate with the host Member (d) cooperate with the host Member State(s) on all issues related to the practical State(s) or host third country on all issues implementation of the operational activities related to the practical implementation of organised by the Agency in that Member the operational activities organised by the State(s), including any additional issues Agency in that Member State(s) or third that might have occurred in the course of country, including any additional issues these activities; that might have occurred in the course of these activities;
Amendment 318
Proposal for a regulation Article 60 – paragraph 3 – point f
Text proposed by the Commission Amendment
(f) support the coordinating officer in (f) support the coordinating officer in facilitating, if necessary, the coordination facilitating, if necessary, the coordination and communication between the Agency's and communication between the Agency's
PE630.451v02-00 144/249 RR\1176810EN.docx EN
Teams and the relevant authorities of the Teams and the relevant authorities of the host Member State; host Member State or host third country;
Amendment 319
Proposal for a regulation Article 60 – paragraph 3 – point i
Text proposed by the Commission Amendment
(i) support the Agency's liaison officer (i) support the Agency's liaison officer to identify any current or future challenges to identify any current or future challenges for the border management of the area they for the border management of the area they are responsible for or for the are responsible for, or for the implementation of the return acquis and implementation of the return acquis or for regularly report to the headquarters; fundamental rights issues and regularly report to the headquarters;
Amendment 320
Proposal for a regulation Article 60 – paragraph 5 a (new)
Text proposed by the Commission Amendment
5 a. The host Member State where the antenna office is set up shall provide the Agency with assistance to ensure operational capacity.
Amendment 321
Proposal for a regulation Article 60 – paragraph 6
Text proposed by the Commission Amendment
6. The Executive Director shall report 6. The executive director and the to the Management Board on a quarterly fundamental rights officer shall report to basis on the activities of antenna offices. the Management Board on a quarterly basis The activities of the antenna offices shall on the activities of antenna offices and on be described in a separate section of the fundamental rights compliance as annual activity report referred to 98(2) monitored by the antenna offices. The point 10. activities of the antenna offices shall be described in a separate section of the annual activity report referred to 98(2)
RR\1176810EN.docx 145/249 PE630.451v02-00 EN
point j.
Amendment 322
Proposal for a regulation Article 60 – paragraph 6 a (new)
Text proposed by the Commission Amendment
6 a. Where the Commission establishes that there are generalised deficiencies as regards the rule of law in a Member State in which the Agency has established an antenna office, the Commission shall, without delay, report this finding to the executive director. Within a period of one month from being informed of this finding - and unless the antenna office has closed in the meantime - the management board, on a proposal from the executive director, shall decide upon whether to close the antenna office taking full account of the opinion of the Commission.
Amendment 323
Proposal for a regulation Article 61 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
1. Member States are entitled to 1. Member States are entitled to receive funding in the form of financing receive funding in the form of financing not linked to costs on yearly basis in order not linked to costs on yearly basis in order to support the development of human to support the development of human resources to secure their contributions to resources to secure their contributions to the European and Border Guard standing the European and Border Guard standing corps in accordance with Annexes III and corps in accordance with Annexes III and IV, in accordance with Artcile 125 (1) (a) IV, in accordance with Article 125 (1) (a) of Regulation (EU, Euratom) 2018/1046 of Regulation (EU, Euratom) 2018/1046 which shall be payable after the end of the which shall be payable after the end of the year concerned and upon fulfilment of year concerned and upon fulfilment of conditions laid down in accordance with conditions laid down in accordance with paragraphs 3 and 4. That financing shall be paragraphs 3 and 4. That financing shall be based on a reference amount as set in based on a reference amount as set in
PE630.451v02-00 146/249 RR\1176810EN.docx EN
paragraph 2 and shall ammount to: paragraph 2 and shall amount to:
Amendment 324
Proposal for a regulation Article 61 – paragraph 3
Text proposed by the Commission Amendment
3. The annual payment of the 3. The annual payment of the amount ammount referred to in paragraph 1(a) referred to in paragraph 1(a) shall be due shall be due on condition that the Member on condition that the Member States States increase accordingly their respective increase accordingly their respective overall national border guards staffing overall national border guards staffing through the recruitment of new border through the recruitment of new border guards and other officers in the period guards and other officers in the period concerned. The relevant information for concerned. The relevant information for the purpose of reporting shall be provided the purpose of reporting shall be provided to the Agency in the annual bilateral to the Agency in the annual bilateral negotiations and verified through the negotiations and verified through the vulnerability assessment in the following vulnerability assessment in the following year. The annual payment of the ammount year. The annual payment of the amount referred to in paragraph 1(b) shall be due in referred to in paragraph 1(b) shall be due in relation the number of border guards or full in relation to the number of border other officers effectively deployed for at guards or other officers effectively least 4 months in accordance with Article deployed for a consecutive or non- 58 within the limit set by Annex IV. consecutive period of at least 4 months, or on a pro-rata basis for deployments for a consecutive or non-consecutive period of less than 4 months in accordance with Article 58 within the limit set by Annex IV. An advance payment linked to the annual payments of the amounts referred to in points (a) and (b) of paragraph 1 shall be granted following the submission of a specific and justified request by the contributing Member State.
Amendment 325
Proposal for a regulation Article 61 – paragraph 4 a (new)
Text proposed by the Commission Amendment
4 a. When implementing the financial support under this Article, the Agency and
RR\1176810EN.docx 147/249 PE630.451v02-00 EN
the Member States shall ensure the compliance with the principles of co- financing and no double funding.
Amendment 326
Proposal for a regulation Article 62 – paragraph 1
Text proposed by the Commission Amendment
1. The Agency shall, taking into 1. The Agency shall, taking into account the capability roadmap referred to account the capability roadmap referred to in Article 9(4), where available, and in in Article 9(4), where available, and in cooperation with the appropriate training cooperation with the appropriate training entities of the Member States, and, where entities of the Member States, and [the appropriate, EASO and the European European Union Agency for Asylum] and Union Agency for Fundamental Rights, the European Union Agency for develop specific training tools, including Fundamental Rights, develop specific specific training in the protection of training tools, including specific training in children and other persons in a vulnerable the protection of children and other persons situation. It shall provide border guards, in a vulnerable situation. It shall provide return specialists and other relevant staff border guards, return specialists, return who are members of the European Border escorts and forced-return monitors and and Coast Guard standing corps with other relevant staff who are members of the advanced training relevant to their tasks European Border and Coast Guard standing and powers. Experts from the staff of the corps with advanced training relevant to Agency shall conduct regular exercises their tasks and powers. Experts from the with those border guards and other team staff of the Agency shall conduct regular members in accordance with the advanced exercises with those border guards and training and exercise schedule referred to other team members in accordance with the in the annual work programme of the advanced training and exercise schedule Agency. referred to in the annual work programme of the Agency.
Amendment 327
Proposal for a regulation Article 62 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency shall ensure that all the 2. The Agency shall ensure that all the staff members recruited to act as staff members recruited to act as operational staff of the European Border operational staff of the European Border and Coast Guard standing corps have and Coast Guard standing corps have received adequate training in relevant received adequate training in relevant
PE630.451v02-00 148/249 RR\1176810EN.docx EN
Union and international law, including on Union and international law, including on fundamental rights, access to international fundamental rights, access to international protection and, where appropriate, search protection, guidelines for the purpose of and rescue, prior to their initial deployment identifying persons seeking protection and in operational activities organised by the directing them towards the appropriate Agency. For that purpose, the Agency procedures, guidelines for addressing the shall, based on agreements with selected special needs of children, including Member States, implement the necessary unaccompanied minors, victims of training programmes in their national trafficking in human being, persons in academies. The cost of training shall be need of urgent medical assistance, and entirely covered by the Agency. other particularly vulnerable persons and, where it is intended that they participate in maritime operations, search and rescue, prior to their initial deployment in operational activities organised by the Agency. If the operational activities potentially necessitate the use of firearms, the staff members shall receive a comprehensive practical, legal and ethical training, taking into account the staff member's previous training or experience.
Amendment 328
Proposal for a regulation Article 62 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2 a. For that purpose, the Agency shall, based on agreements with selected Member States, implement the necessary training programmes in their national academies. The Agency shall ensure that the training follows the common core curriculum, is harmonised and fosters mutual understanding and a common culture based on the values enshrined in the Treaties. The cost of training shall be entirely covered by the Agency.
Amendment 329
Proposal for a regulation Article 62 – paragraph 2 b (new)
RR\1176810EN.docx 149/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
2 b. The Agency may, after obtaining the approval of the management board, set up an Agency training centre to further facilitate the inclusion of a common European culture in the training provided.
Amendment 330
Proposal for a regulation Article 62 – paragraph 3
Text proposed by the Commission Amendment
3. The Agency shall take the deleted necessary initiatives to ensure that all operational staff of the Member States who participate in the teams from the European Border and Coast Guard standing corps, have received training in relevant Union and international law, including on fundamental rights, access to international protection and where appropriate search and rescue, prior to their participation in operational activities organised by the Agency.
Amendment 331
Proposal for a regulation Article 62 – paragraph 4
Text proposed by the Commission Amendment
4. The Agency shall take the 4. The Agency shall take the necessary initiatives to ensure training for necessary initiatives to ensure training for staff involved in return-related tasks who staff involved in return-related tasks who are allocated to the European Border and are allocated to the European Border and Coast Guard standing corps and the pool Coast Guard standing corps and the pool referred to in Article 52. The Agency shall referred to in Article 52. The Agency shall ensure that its staff and all staff who ensure that its staff and all staff who participate in return operations and in participate in return operations and in return interventions have received training return interventions have received training in relevant Union and international law, in relevant Union and international law,
PE630.451v02-00 150/249 RR\1176810EN.docx EN
including on fundamental rights and access including on fundamental rights, access to to international protection, prior to their international protection and to the referral participation in operational activities mechanism for vulnerable persons, prior organised by the Agency. to their participation in operational activities organised by the Agency.
Amendment 332
Proposal for a regulation Article 62 – paragraph 8
Text proposed by the Commission Amendment
8. The Agency shall establish an 8. The Agency shall establish an exchange programme enabling border exchange programme enabling border guards participating in its teams and staff guards participating in its teams and staff participating in the European return participating in the European return intervention teams to acquire knowledge or intervention teams to acquire knowledge or specific know-how from experiences and specific know-how from experiences, good practices abroad by working with fundamental rights compliance and good border guards and staff involved in return- practices abroad by working with border related tasks in a Member State other than guards and staff involved in return-related their own. tasks in a Member State other than their own.
Amendment 333
Proposal for a regulation Article 62 – paragraph 8 a (new)
Text proposed by the Commission Amendment
8 a. The Agency shall establish and further develop an internal quality control mechanism to ascertain the high level of training, special expertise and professionalism of all its staff as well as the operational staff of the Member States who participate in the operational activities of the Agency. The Agency shall prepare an annual evaluation report on the basis of the implementation of the quality control mechanism. The Agency shall communicate the annual evaluation report to the European Parliament, to the Council and to the Commission.
RR\1176810EN.docx 151/249 PE630.451v02-00 EN
Amendment 334
Proposal for a regulation Article 63 – paragraph 2 – subparagraph 1
Text proposed by the Commission Amendment
Based on a proposal of the executive Based on a proposal of the executive director after receiving the positive opinion director after receiving the positive opinion of the Commission, the management board of the Commission and on the shall establish a comprehensive multiannual strategic policy cycle for the multiannual strategy on how the Agency's European Integrated Border own technical capabilities shall be Management, including the capability developed taking into account the roadmap referred to in Article 9(4), as multiannual strategic policy cycle for the available, and on the budgetary resources European Integrated Border Management made available for this purpose in the including the capability roadmap referred multiannual financial framework, the to in Article 9(4) as available and the management board shall establish a budgetary resources made available for comprehensive multiannual strategy on this purpose in the multiannual financial how the Agency's own technical framework. capabilities are to be developed.
Amendment 335
Proposal for a regulation Article 63 – paragraph 5
Text proposed by the Commission Amendment
5. On the basis of a model agreement 5. On the basis of a model agreement drawn up by the Agency and approved by drawn up by the Agency and approved by the management board, the Member State the management board, the Member State of registration and the Agency shall agree of registration and the Agency shall agree on terms ensuring the operability of the on terms ensuring the operability of the equipment. In the case of co-owned assets, equipment. In this regard, the Member the terms shall also cover the periods of State of registration shall authorise such full availability of the assets for the equipment as being on government Agency and determine the use of the service. In the case of co-owned assets, the equipment, including specific provisions terms shall also cover the periods of full on rapid deployment during rapid border availability of the assets for the Agency interventions. and determine the use of the equipment, including specific provisions on rapid deployment during rapid border interventions.
PE630.451v02-00 152/249 RR\1176810EN.docx EN
Amendment 336
Proposal for a regulation Article 63 – paragraph 6
Text proposed by the Commission Amendment
6. Where the Agency does not have 6. Where the Agency does not have the required qualified statutory staff, the the required qualified statutory staff, the Member State of registration or the Member State of registration or the supplier of technical equipment shall supplier of technical equipment shall provide the necessary experts and technical provide the necessary experts and technical crew to operate the technical equipment in crew to operate the technical equipment in a legally sound and safe manner. In such a legally sound and safe manner. Where case, technical equipment owned solely by the Member State of registration offers the Agency shall be made available to the the necessary experts and technical crew, Agency upon its request and the Member they shall count as part of the State of registration may not invoke the contribution of that particular Member exceptional situation referred to in Article State to the standing corps. In such case, 64(8). technical equipment owned solely by the Agency shall be made available to the Agency upon its request and the Member State of registration may not invoke the exceptional situation referred to in Article 64(8). When requesting a Member State to provide technical equipment and operational staff, the Agency shall take into account the particular operational challenges facing that Member State at the time of the request.
Amendment 337
Proposal for a regulation Article 65 – paragraph 2 – point a
Text proposed by the Commission Amendment
(a) the number of operational staff that (a) the number of operational staff that each Member State has committed to the each Member State has committed to the European and Border Guard standing corps European and Border Guard standing corps and the pool of forced return monitors; including the pool of forced return monitors;
Amendment 338
Proposal for a regulation
RR\1176810EN.docx 153/249 PE630.451v02-00 EN
Article 65 – paragraph 2 – point e
Text proposed by the Commission Amendment
(e) the number of items of technical (e) the number of items of technical equipment deployed by each Member State equipment deployed by each Member State and the Agency in the previous year from and the Agency in the previous year from the technical equipment pool, with special the technical equipment pool; reference to
Amendment 339
Proposal for a regulation Article 66 – paragraph 1
Text proposed by the Commission Amendment
1. The Agency shall proactively 1. The Agency shall proactively monitor and contribute to research and monitor and contribute to research and innovation activities relevant for European innovation activities relevant for European Integrated Border Management including Integrated Border Management taking into the use of advanced surveillance account the capability roadmap referred to technology, taking into account the in Article 9 (4). The Agency shall capability roadmap referred to in Article 9 disseminate the results of that research to (4). The Agency shall disseminate the the European Parliament, to the Member results of that research to the European States and to the Commission in Parliament, to the Member States and to accordance with Article 50. It may use the Commission in accordance with Article those results as appropriate in joint 50. It may use those results as appropriate operations, rapid border interventions, in joint operations, rapid border return operations and return interventions. interventions, return operations and return interventions.
Amendment 340
Proposal for a regulation Article 66 – paragraph 4
Text proposed by the Commission Amendment
4. The Agency may plan and 4. The Agency may plan and implement pilot projects regarding matters implement pilot projects where necessary covered by this Regulation. for the implementation of obligations provided for under this Regulation.
PE630.451v02-00 154/249 RR\1176810EN.docx EN
Amendment 341
Proposal for a regulation Article 66 – paragraph 4 a (new)
Text proposed by the Commission Amendment
4 a. The Agency shall make public all its research projects, including demonstration projects, the cooperation partners involved and the project budget.
Amendment 342
Proposal for a regulation Article 67 – paragraph 2
Text proposed by the Commission Amendment
2. Member States and the Agency 2. Member States and the Agency shall establish operational plans for border shall establish operational plans for border management and returns. The operational management and returns. The operational plans of Member States related to border plans of Member States related to border sections with high and critical impact sections with a high impact level shall be levels shall be established in cooperation established in cooperation with with neighbouring Member States and with neighbouring Member States and with the the Agency. For the activities of the Agency. For the activities of the Agency, Agency, operational planning for the operational planning for the following year following year shall be defined in annex to shall be defined in annex to the single the single programming document referred programming document referred to in to in Article 100 and for each specific Article 100 and for each specific operational activity through the operational operational activity through the operational plan referred to in Article 39 and Article plan referred to in Article 39 and Article 75(3). 75(3).
Amendment 343
Proposal for a regulation Article 67 – paragraph 4 – subparagraph 2
Text proposed by the Commission Amendment
The national capability development plan The national capability development plan shall address in particular the recruitment shall address in particular the recruitment and training policy of the border guards and training policy of the border guards, and return specialists, the acquisition and return specialists, return escorts and maintenance of equipment and the forced-return monitors, the acquisition
RR\1176810EN.docx 155/249 PE630.451v02-00 EN
necessary research and development and maintenance of equipment and the activities and the corresponding financial necessary research and development aspects. activities and the corresponding financial aspects.
Amendment 344
Proposal for a regulation Article 68 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency shall ensure the 2. The Agency shall ensure the setting-up and operation of an ETIAS setting-up and operation of an ETIAS Central Unit referred to in Article 7 of Central Unit referred to in Article 7 of [Regulation establishing a European Regulation (EU) 2018/1240. Travel Information and Authorisation System (ETIAS)]."]
Amendment 345
Proposal for a regulation Section 11 – sub section 1 - title
Text proposed by the Commission Amendment
Cooperation within the EU deleted
Amendment 346
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment
The Agency shall cooperate with Union The Agency shall cooperate with Union institutions, bodies, offices and agencies, institutions, bodies, offices and agencies, and international organisations, within within their respective legal frameworks their respective legal frameworks and make and make use of existing information, use of existing information, capabilities capabilities and systems available in the and systems available in the framework of framework of EUROSUR. EUROSUR.
PE630.451v02-00 156/249 RR\1176810EN.docx EN
Amendment 347
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 – introductory part
Text proposed by the Commission Amendment
In accordance with paragraph 1, the In accordance with paragraph 1, the Agency shall cooperate in particular with: Agency shall cooperate with the following:
Amendment 348
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 – point c
Text proposed by the Commission Amendment
(c) the European Asylum Agency; (c) [the European Union Agency for Asylum];
Amendment 349
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 – point k
Text proposed by the Commission Amendment
(k) Missions and operations of the deleted Common Security and Defence Policy.
Amendment 350
Proposal for a regulation Article 69 – paragraph 1 – subparagraph 2 a (new)
Text proposed by the Commission Amendment
The Agency may also cooperate with the following international organisations relevant to its tasks, within their respective legal frameworks: (a) the United Nations through its relevant offices, agencies, organisations and other entities, in particular the Office of the United Nations High Commissioner for Refugees, the Office of the High
RR\1176810EN.docx 157/249 PE630.451v02-00 EN
Commissioner for Human Rights, the International Organization for Migration, the United Nations Office on Drugs and Crime and the International Civil Aviation Organization; (b) the International Criminal Police Organization (INTERPOL); (c) the Organisation for Security and Cooperation in Europe; (d) the World Customs Organisation; The Agency shall cooperate with the Council of Europe and the Commissioner for Human Rights of the Council of Europe for the purposes of overseeing the pool of forced-return monitors.
Amendment 351
Proposal for a regulation Article 69 – paragraph 2
Text proposed by the Commission Amendment
2. Cooperation referred to in 2. Cooperation referred to in paragraph 1 shall take place within the paragraph 1 shall take place within the framework of working arrangements framework of working arrangements concluded with the entities referred to in concluded with the entities referred to in paragraph 1. Such arrangements shall have paragraph 1. Such arrangements shall have received the Commission's prior approval. received the prior approval of the In every case, the Agency shall inform the Commission, and of the European Data European Parliament of any such Protection Supervisor in so far as the arrangements. working arrangements concern the exchange of personal data. In every case, the Agency shall inform the European Parliament of any such arrangements and make them publicly available. Such arrangements should clearly indicate the scope, the extent and the level of intrusiveness of the proposed measure to assess the necessity and proportionality of the measure at stake.
Amendment 352
Proposal for a regulation
PE630.451v02-00 158/249 RR\1176810EN.docx EN
Article 69 – paragraph 5
Text proposed by the Commission Amendment
5. The Union institutions, bodies, 5. The Union institutions, bodies, offices, agencies and international offices, and agencies referred to in organisations referred to in paragraph 1, paragraph 1, shall use information received shall use information received from the from the Agency only within the limits of Agency only within the limits of their their competences and insofar as they competences and insofar as they respect respect fundamental rights, including data fundamental rights, including data protection requirements. Onward protection requirements. Onward transmission or other communication of transmission or other communication of personal data processed by the Agency to personal data processed by the Agency to other Union institutions, bodies, offices other Union institutions, bodies, offices and agencies may only take place if there and agencies shall be subject to specific is a legal basis in Union law, and it shall working arrangements regarding the not lead to the processing of personal data exchange of personal data and subject to for other incompatible purposes pursuant the prior approval of the European Data to Article 6 of Regulation (EU) Protection Supervisor. Any transfer of 2018/1725, shall be subject to specific personal data by the Agency shall be in working arrangements regarding the line with the data protection provisions laid exchange of personal data and subject to down in Articles 87 to 90. As regards the the prior approval of the European Data handling of classified information, those Protection Supervisor. The European arrangements shall provide that the Union Border and Coast Guard Agency shall institution, body, office, agency or keep record of the onward transfers and international organisation concerned shall of the justification for such transfers. The comply with security rules and standards European Data Protection Supervisor equivalent to those applied by the Agency. shall have the possibility to verify their lawfulness, and, in particular, compliance with the principles of necessity and proportionality. Any transfer of personal data by the Agency shall be in line with the data protection provisions laid down in Articles 87 to 90 and with Regulation (EU) 2018/1725. As regards the handling of classified information, those arrangements shall provide that the Union institution, body, office, agency or international organisation concerned shall comply with security rules and standards equivalent to those applied by the Agency.
Amendment 353
Proposal for a regulation Article 69 – paragraph 5 a (new)
RR\1176810EN.docx 159/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
5 a. The Agency shall ensure that personal data transferred or disclosed to international organisations is only processed for the purposes for which it was transferred or disclosed. The Agency shall ensure that working arrangements concluded with international organisations fully respect the Union data protection law, and in particular Chapter V of Regulation (EU) 2018/679.
Amendment 354
Proposal for a regulation Article 70 – paragraph 1 – point e
Text proposed by the Commission Amendment
(e) sharing capacity by planning and (e) sharing capacity by planning and implementing multipurpose operations and implementing multipurpose operations, by sharing assets and other capabilities, to including Search and Rescue, and by the extent that these activities are sharing assets and other capabilities, to the coordinated by those agencies and are extent that these activities are coordinated agreed to by the competent authorities of by those agencies and are agreed to by the the Member States concerned. competent authorities of the Member States concerned.
Amendment 355
Proposal for a regulation Article 70 – paragraph 2
Text proposed by the Commission Amendment
2. The precise forms of cooperation 2. The precise forms of cooperation on coast guard functions between the on coast guard functions between the Agency, the European Fisheries Control Agency, the European Fisheries Control Agency and the European Maritime Safety Agency and the European Maritime Safety Agency shall be determined in a working Agency shall be determined in a working arrangement, in accordance with their arrangement, in accordance with their respective mandates and the financial rules respective mandates and the financial rules applicable to those agencies. Such an applicable to those agencies. Such an arrangement shall be approved by the arrangement shall be approved by the management board of the Agency and the management board of the Agency and the
PE630.451v02-00 160/249 RR\1176810EN.docx EN
administrative boards of the European administrative boards of the European Maritime Safety Agency and the European Maritime Safety Agency and the European Fisheries Control Agency. Fisheries Control Agency. The agencies shall use information received in the context of their cooperation only within the limits of their legal framework and in compliance with fundamental rights, including data protection requirements.
Amendment 356
Proposal for a regulation Article 71 – paragraph 5
Text proposed by the Commission Amendment
5. Onward transmission or other 5. Onward transmission or other communication of information exchanged communication of information exchanged under this Article to third countries or to under this Article to third countries or to third parties shall be prohibited. any other third parties shall be prohibited.
Justification
This amendment it tabled for consistency purposes.
Amendment 357
Proposal for a regulation Section 11 – sub section 2 - title
Text proposed by the Commission Amendment
Cooperation with third countries deleted
Amendment 358
Proposal for a regulation Article 72 – paragraph 1
Text proposed by the Commission Amendment
1. In line with Article 3 (g), the 1. In line with Article 3 (g), the Member States and the Agency shall Member States and the Agency shall cooperate with third Countries for the cooperate with third Countries for the purpose of integrated border management purpose of integrated border management and migration policy, including returns. and migration policy.
RR\1176810EN.docx 161/249 PE630.451v02-00 EN
Amendment 359
Proposal for a regulation Article 72 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2 a. The Commission, together with the European External Action Service, shall assess the situation in a third country, including its respect for fundamental rights and the level of data protection, prior to any activity of the Agency in or with that third country and prior to commencing the negotiation of any agreement or arrangement with that third country under this Regulation.
Amendment 360
Proposal for a regulation Article 72 – paragraph 3
Text proposed by the Commission Amendment
3. The Agency and Member States 3. The Agency and Member States shall comply with Union law, including shall comply with Union law, including norms and standards which form part of the norms and standards which form part of the Union acquis, also when cooperation with Union acquis, also when cooperation with third countries takes place on the territory third countries takes place on the territory of those countries. of those countries. The establishment of cooperation with third countries shall serve to promote European Integrated Border Management standards.
Amendment 361
Proposal for a regulation Article 73 – paragraph 3 a (new)
Text proposed by the Commission Amendment
3 a. Member States shall ensure that personal data transferred or disclosed to third countries or international
PE630.451v02-00 162/249 RR\1176810EN.docx EN
organisations is only processed for the purposes for those it was transferred or disclosed, and that data subjects can exercise their rights also in those third countries or in relation to those international organisations. For this, Member States shall in the bilateral or multilateral agreements with third countries or in working arrangements with international organisations include legally binding and enforceable assurances, pursuant to points 2(a) or 3(b) of Article 46 of Regulation (EU) 2018/679. Where no such agreements or arrangements exist pursuant to paragraph 1, Member States shall not transfer or disclose any personal data to the third countries or international organisations.
Amendment 362
Proposal for a regulation Article 74 – paragraph 2
Text proposed by the Commission Amendment
2. When doing so, it shall act within 2. When doing so, it shall act within the framework of the external action policy the framework of the external action policy of the Union, including with regard to the of the Union, including with regard to the protection of fundamental rights and the protection of fundamental rights and the principle of non-refoulement, with the principle of non-refoulement, the support of, and in coordination with, Union prohibition of arbitrary detention and the delegations and, where relevant, CSDP prohibition of torture, inhuman or missions and operations. degrading treatment or punishment, with the support of, and in coordination with, Union delegations.
Amendment 363
Proposal for a regulation Article 74 – paragraph 3
Text proposed by the Commission Amendment
3. In circumstances requiring the 3. In circumstances requiring the deployment of border management and deployment of border management, return return teams from the European Border and and fundamental rights monitoring teams
RR\1176810EN.docx 163/249 PE630.451v02-00 EN
Coast Guard standing corps to a third from the European Border and Coast country where the team members will exert Guard standing corps to a third country executive powers, a status agreement shall where the team members will exert be concluded by the Union with the third executive powers, a status agreement, country concerned. The status agreement drawn up on the basis of the model status shall cover all aspects that are necessary agreement referred to in Article 77(1a), for carrying out the actions. It shall in shall be concluded by the Union with the particular set out the scope of the third country concerned on the basis of operation, civil and criminal liability and Article 218 TFEU. The status agreement the tasks and powers of the members of the shall cover all aspects that are necessary teams. The status agreement shall ensure for carrying out the actions. It shall in the full respect of fundamental rights particular set out the scope of the during these operations. operation, civil and criminal liability and the tasks and powers of the members of the teams, measures related to the establishment of an antenna office and measures ensuring the operationalisation of fundamental rights safeguards, including deployment of the fundamental rights monitors, the fundamental rights strategy in line with Article 81 and the code of conduct in line with Article 82. The status agreement shall ensure the full respect of fundamental rights during these operations and provide for a complaints mechanism. The European Data Protection Supervisor shall be consulted on the provisions of the status agreement related to the transfers of data. Operations shall be carried out on the basis on an operational plan agreed also by the participating Member States. The participation of Member States in joint operations on the territory of third countries shall be on a voluntary basis.
Amendment 364
Proposal for a regulation Article 74 – paragraph 4
Text proposed by the Commission Amendment
4. Where available, it shall also act 4. Where available, it shall also act within the framework of working within the framework of working arrangements concluded with those arrangements concluded with those authorities in accordance with Union law authorities in accordance with Union law and policy, in accordance with 77(6). and policy, in accordance with 77(6).
PE630.451v02-00 164/249 RR\1176810EN.docx EN
Those working arrangements shall specify Those working arrangements shall specify the scope, nature and purpose of the the scope, nature and purpose of the cooperation and be related to the cooperation and be related to the management of operational cooperation management of operational cooperation and may include provisions concerning the and may include provisions concerning the exchange of sensitive non-classified exchange of sensitive non-classified information and cooperation in the information and cooperation in the framework of EUROSUR in accordance framework of EUROSUR in accordance with Article 75 (3). Any working with Article 75 (3). Any working arrangements on exchanging classified arrangements on exchanging classified information shall be concluded in information shall be concluded in accordance with Article 77(6). The Agency accordance with Article 77(6). The Agency shall comply with Union law, including shall comply with Union law, including norms and standards, which form part of norms and standards, which form part of the Union acquis. the Union acquis. The Agency shall request prior authorisation from the European Data Protection Supervisor, as far as these working arrangements provide for the transfer of personal data.
Amendment 365
Proposal for a regulation Article 74 – paragraph 5
Text proposed by the Commission Amendment
5. The Agency shall contribute to the 5. The Agency shall contribute to the implementation of international agreements implementation of international agreements and of non-legally binding arrangements and of readmission agreements concluded on return concluded by the Union with by the Union with third countries within third countries within the framework of the the framework of the external action policy external action policy of the Union and of the Union and regarding matters covered regarding matters covered by this by this Regulation. Regulation.
Amendment 366
Proposal for a regulation Article 74 – paragraph 6
Text proposed by the Commission Amendment
6. The Agency may benefit from 6. The Agency may benefit from Union funding in accordance with the Union funding in accordance with the provisions of the relevant instruments provisions of the relevant instruments supporting in and in relation to third supporting in and in relation to third
RR\1176810EN.docx 165/249 PE630.451v02-00 EN
countries. It may launch and finance countries. Subject to the approval of the technical assistance projects in third European Parliament, and following a countries regarding matters covered by this thorough fundamental rights impact Regulation and in accordance with the assessment, it may launch and finance financial rules applicable to the Agency. technical assistance projects in third countries regarding matters covered by this Regulation and in accordance with the financial rules applicable to the Agency.
Amendment 367
Proposal for a regulation Article 74 – paragraph 7
Text proposed by the Commission Amendment
7. The Agency shall inform the 7. The Agency shall inform the European Parliament of activities European Parliament quarterly of activities conducted pursuant to this Article. conducted pursuant to this Article and, in particular, of the activities related to the technical and operational assistance in the field of border management and return in third countries, the exchange of sensitive non-classified information with third countries and the deployment of liaison officers and including detailed information on compliance with fundamental rights and international protection. The Agency shall make public all agreements, working arrangements, pilot projects and technical assistance projects with third countries.
Amendment 368
Proposal for a regulation Article 74 – paragraph 8 a (new)
Text proposed by the Commission Amendment
8 a. The Agency shall ensure that information transferred or disclosed to third countries or international organisations is only processed for the purposes for which it was transferred or disclosed, and that data subjects can exercise their rights also in those third
PE630.451v02-00 166/249 RR\1176810EN.docx EN
countries or in relation to those international organisations.
Amendment 369
Proposal for a regulation Article 75 – paragraph 4
Text proposed by the Commission Amendment
4. The Agency may provide deleted assistance to return activities of third countries and ensure the coordination or the organisation of return operations, during which a number of returnees are returned from this third country to another third country. Such return operations may be organised with participation of one or more Member States (‘mixed return operations’) or as national return operations, in particular when this is justified by the priorities of the irregular migration policy of the Union. The participating Member States and the Agency shall ensure that the respect of fundamental rights and the proportionate use of means of constraints are guaranteed during the whole removal operation, notably with the presence of forced return monitors and of third- country forced return escorts.
Amendment 370
Proposal for a regulation Article 76 – paragraph 3 a (new)
Text proposed by the Commission Amendment
3 a. The Agency shall ensure that information transferred or disclosed to third countries is only processed for the purposes for which it was transferred or disclosed, and that data subjects can exercise their rights also in those third countries. To this end, any exchange of information under Article 73(1), which
RR\1176810EN.docx 167/249 PE630.451v02-00 EN
provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited.
Amendment 371
Proposal for a regulation Article 77 – paragraph -1 (new)
Text proposed by the Commission Amendment
-1. The Commission shall not conclude any negotiations concerning agreements on cooperation between the Union and a third country under this Regulation until an assessment of the fundamental rights situation in that third country is concluded in accordance with Article 72(2a). This assessment shall be included in the consent procedure.
Amendment 372
Proposal for a regulation Article 77 – paragraph 1
Text proposed by the Commission Amendment
1. The Commission shall negotiate deleted the status agreement referred to in Article 74 (3) in accordance with Article 218(3) TFEU.
Amendment 373
Proposal for a regulation Article 77 – paragraph 1 a (new)
PE630.451v02-00 168/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
1 a. The Commission, after consulting the Member States and the Agency, shall draw up a model status agreement, which shall include the framework for the fundamental rights evaluation referred to in point (a) of Article 54(2), for actions conducted on the territory of third countries.
Amendment 374
Proposal for a regulation Article 77 – paragraph 2 – subparagraph 1
Text proposed by the Commission Amendment
The Commission, after consulting the The Commission, after consulting the Member States and the Agency, shall draw Member States and the Agency, shall also up model provisions for the bilateral and draw up model provisions for the bilateral multilateral agreements referred to in and multilateral agreements referred to in Article 71(2) and Article 73 for the Article 71(2) and Article 73 for the exchange of information in the framework exchange of information in the framework of EUROSUR as provided for in Article 76 of EUROSUR as provided for in Article 76 (2). (2). Model provisions shall include detailed measures ensuring the operationalisation of fundamental rights safeguards, the fundamental rights strategy in line with Article 81 and the code of conduct in line with Article 82.
Amendment 375
Proposal for a regulation Article 77 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment
The Commission, after consulting the The Commission, after consulting the Agency, shall draw up a model for the Agency, shall draw up a model for the working arrangements referred to in Article working arrangements referred to in Article 74. 74. Such model shall include detailed measures ensuring the operationalisation of fundamental rights safeguards, the fundamental rights strategy in line with
RR\1176810EN.docx 169/249 PE630.451v02-00 EN
Article 81 and the code of conduct in line with Article 82.
Amendment 376
Proposal for a regulation Article 77 – paragraph 3
Text proposed by the Commission Amendment
3. The Member States concerned shall 3. The Member States concerned shall notify existing bilateral and multilateral notify existing bilateral and multilateral agreements referred to in Article 73 (1) to agreements referred to in Article 73 (1) to the Commission, which shall verify the Commission, which shall inform the whether their provisions comply with this European Parliament, the Council and Regulation. the Agency thereof and verify whether their provisions comply with this Regulation.
Amendment 377
Proposal for a regulation Article 77 – paragraph 4
Text proposed by the Commission Amendment
4. Before a new bilateral or 4. Before a new bilateral or multilateral agreement referred to in multilateral agreement referred to in Article 73 (1) is concluded, the Member Article 73 (1) is concluded, the Member State(s) concerned shall notify it to the State(s) concerned shall notify it to the Commission, which shall verify whether its Commission, which shall inform the provisions comply with this Regulation and European Parliament, the Council and inform the Member State accordingly. the Agency thereof and verify whether its provisions comply with this Regulation and inform the Member State accordingly.
Amendment 378
Proposal for a regulation Article 77 – paragraph 6
Text proposed by the Commission Amendment
6. Before any working arrangements 6. Before any working arrangements with third parties or third countries are with third parties or third countries are concluded, the Agency shall notify them to concluded, the Agency shall notify them to
PE630.451v02-00 170/249 RR\1176810EN.docx EN
the Commission, which shall give its prior the European Parliament, to the Council approval. Once working arrangements are and to the Commission. The Commission concluded, the Agency shall notify them to shall give its approval prior to the the Commission, which shall inform the conclusion of such arrangements. Once European Parliament and the Council working arrangements are concluded, the thereof. Agency shall notify them to the Commission, which shall inform the European Parliament and the Council thereof.
Amendment 379
Proposal for a regulation Article 78 – paragraph 1
Text proposed by the Commission Amendment
1. The Agency may deploy experts 1. The Agency may deploy experts from its statutory staff as liaison officers, from its statutory staff as liaison officers, who should enjoy the highest possible who should enjoy the highest possible protection when carrying out their duties in protection when carrying out their duties in third countries. They shall form part of the third countries. They shall form part of the local or regional cooperation networks of local or regional cooperation networks of immigration liaison officers and security immigration liaison officers and security experts of the Union and of the Member experts of the Union and of the Member States, including the network set up States, including the network set up pursuant to Regulation (EC) No 377/2004. pursuant to Regulation (EC) No 377/2004. By decision of the management board the By decision of the management board the Agency may lay down specific profiles of Agency may lay down specific profiles of liaison officers, such as return liaison liaison officers, depending on the officers, depending on the operational operational needs with regard to the third needs with regard to the third country country concerned. concerned.
Amendment 380
Proposal for a regulation Article 78 – paragraph 2
Text proposed by the Commission Amendment
2. Within the framework of the 2. Within the framework of the external action policy of the Union, priority external action policy of the Union, priority for the deployment of liaison officers shall for the deployment of liaison officers shall be given to those third countries which, on be given to those third countries which, on the basis of a risk analysis, constitute a the basis of a risk analysis, constitute a country of origin or transit regarding country of origin or transit regarding
RR\1176810EN.docx 171/249 PE630.451v02-00 EN
illegal immigration. The Agency may irregular migration. The Agency may receive liaison officers posted by those receive liaison officers posted by those third countries on a reciprocal basis. The third countries on a reciprocal basis. The management board shall, on a proposal of management board shall, on a proposal of the executive director, adopt the list of the executive director, adopt the list of priorities on a yearly basis. The priorities on a yearly basis. The deployment of liaison officers shall be deployment of liaison officers shall be approved by the management board upon approved by the management board upon the opinion of the Commission. the opinion of the Commission.
Amendment 381
Proposal for a regulation Article 78 – paragraph 3
Text proposed by the Commission Amendment
3. The tasks of the Agency's liaison 3. The tasks of the Agency's liaison officers shall include, in compliance with officers shall include, in compliance with Union law and respecting fundamental Union law and respecting fundamental rights, establishing and maintaining rights, establishing and maintaining contacts with the competent authorities of contacts with the competent authorities of the third country to which they are the third country to which they are assigned with a view to contributing to the assigned with a view to contributing to the prevention of and fight against illegal prevention of and fight against irregular immigration and the return of returnees, migration and the return of returnees, including by providing technical assistance including by providing technical assistance in identification of third-country nationals in identification of third-country nationals and the acquisition of travel documents. and the acquisition of travel documents. Those liaison officers shall coordinate Those liaison officers shall coordinate closely with Union delegations and, where closely with Union delegations. They shall, relevant, CSDP missions and operations. wherever possible, have their offices in the same building.The Agency's liaison officers shall contribute to assessing the fundamental rights impact of the Agency's operations and cooperation with the third countries and shall report to the executive director and to the fundamental rights officer on their assessment.
Amendment 382
Proposal for a regulation Article 79 – paragraph 1
PE630.451v02-00 172/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
1. The Agency may, with the 1. The Agency may, with the agreement of the Member States agreement of the Member States concerned, invite observers of Union concerned, invite observers of Union institutions, bodies, offices, agencies or institutions, bodies, offices, agencies or international organisations and CSDP international organisations to participate in missions and operations to participate in its activities, in particular joint operations its activities, in particular joint operations and pilot projects, risk analysis and and pilot projects, risk analysis and training, to the extent that their presence is training, to the extent that their presence is in accordance with the objectives of those in accordance with the objectives of those activities, may contribute to the activities, may contribute to the improvement of cooperation and the improvement of cooperation and the exchange of best practices, and does not exchange of best practices, and does not affect the overall safety and security of affect the overall safety and security of those activities or pose risks to those activities. The participation of those fundamental rights. The participation of observers in risk analysis and training may those observers in risk analysis and take place only with the agreement of the training may take place only with the Member States concerned. As regards joint agreement of the Member States operations and pilot projects, the concerned. As regards joint operations and participation of observers shall be subject pilot projects, the participation of observers to the agreement of the host Member State. shall be subject to the agreement of the Detailed rules on the participation of host Member State. Detailed rules on the observers shall be included in the participation of observers shall be included operational plan. Those observers shall in the operational plan. Those observers receive appropriate training from the shall receive appropriate training from the Agency prior to their participation. Agency prior to their participation.
Amendment 383
Proposal for a regulation Article 79 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency may, with the 2. The Agency may, with the agreement of the Member States agreement of the Member States concerned, invite observers from third concerned, invite observers from third countries to participate in its activities at countries to participate in its activities at the external borders referred to in Article the external borders referred to in Article 37 , return operations referred to in Article 37, return operations referred to in Article 51, return interventions referred to in 51, return interventions referred to in Article 54 and training referred to in Article 54 and training referred to in Article 62, to the extent that their presence Article 62, to the extent that their presence is in accordance with the objectives of is in accordance with the objectives of those activities, may contribute to those activities, may contribute to
RR\1176810EN.docx 173/249 PE630.451v02-00 EN
improving cooperation and the exchange of improving cooperation and the exchange of best practices, and does not affect the best practices, and does not affect the overall safety of those activities. The overall safety of those activities or the participation of those observers may take safety of third country nationals and the place only with the agreement of the right to asylum. The participation of those Member States concerned regarding the observers may take place only with the activities referred to in Articles 37, 43, 51 agreement of the Member States and 62 and only with the agreement of the concerned. Detailed rules on the host Member State regarding those participation of observers shall be included referred to in Articles 37 and 54. Detailed in the operational plan. Those observers rules on the participation of observers shall shall receive appropriate training from the be included in the operational plan. Those Agency prior to their participation. They observers shall receive appropriate training shall be required to adhere to the codes of from the Agency prior to their conduct of the Agency while participating participation. They shall be required to in its activities. adhere to the codes of conduct of the Agency while participating in its activities.
Amendment 384
Proposal for a regulation Article 80 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment
The Agency shall take over and operate The Agency shall take over and operate the False and Authentic Documents Online False and Authentic Documents Online (FADO) which is a database that shall (FADO) database established by Joint contain information on genuine travel and Action 98/700/JHA which is a database residence documents issued by Member that shall contain information on genuine States, third countries, territorial entities, travel and residence documents issued by international organisations and other Member States, third countries, territorial entities subjects of international law and on entities, international organisations and falsifications thereof. The FADO system other entities subjects of international law shall not contain any personal data. and on falsifications thereof. The FADO system shall not contain any personal data.
Amendment 385
Proposal for a regulation Chapter 3 a (new)
Text proposed by the Commission Amendment
Joint parliamentary scrutiny Article 80 a
PE630.451v02-00 174/249 RR\1176810EN.docx EN
Joint parliamentary scrutiny 1. In order to ensure parliamentary oversight of the Agency and to take into account the objective of shared responsibility at both the Union and national levels, as outlined in Article 7, the scrutiny functions attributed to the European Parliament by this Regulation shall be complemented by scrutiny exercised by a Joint Parliamentary Scrutiny Group (JPSG) established jointly by the national parliaments and the competent committee of the European Parliament. 2. The organisation and rules of procedure of the JPSG shall be determined jointly by the European Parliament and the national parliaments in accordance with Article 9 of Protocol No 1 on the role of national parliaments in the European Union, annexed to the TEU and to the TFEU. The rules of procedure shall contain provisions regarding the treatment and access of classified information and sensitive non- classified information in accordance with Article 91 of this Regulation. The rules of procedure shall also contain, amongst others, provisions regarding the frequency and location of meetings, the procedure of setting the agenda, clear decision-making provisions, the composition of the JPSG and information on the co-chairs of the JPSG, which shall be assigned to the competent committee of the European Parliament and the Member State holding the Presidency of the Council of the European Union in accordance with paragraph 3(b) of this Article. Members of the JPSG shall be chosen by their respective parliaments on the basis of their expertise on border management and the Agency with, where possible, a fixed mandate until the end of their mandate in their respective parliament. The European Parliament shall provide the secretariat of the JPSG.
RR\1176810EN.docx 175/249 PE630.451v02-00 EN
3. The JPSG shall politically monitor the fulfilment by the Agency of its tasks and the fulfilment by the Member States of their responsibilities under this Regulation. For the purposes of the first subparagraph: (a) the chairperson of the management board and the executive director shall appear before the JPSG at its request to discuss matters relating to the activities referred to in the first subparagraph; (b) the Member State holding the Presidency of the Council of the European Union at the time of the meeting of the JPSG shall appear before the JPSG at its request to discuss matters relating to the activities referred to in the first subparagraph; where that Member State does not participate in the European Border and Coast Guard, the responsibility shall be taken up by the first Member State to both hold a subsequent Presidency and participate in the European Border and Coast Guard; (c) the JPSG may decide to invite other relevant persons to its meetings, such as a representative of the consultative forum and the fundamental rights officer, to discuss general matters relating to the protection of fundamental rights. 4. The Agency shall transmit all the documents that it transmits to the European Parliament to the JPSG. Member States shall inform the JPSG, on an annual basis, about the fulfilment of their responsibilities under this Regulation. Subject to Regulation (EC) No 1049/2001, the Agency shall provide the JPSG with any other document, upon its request, provided that the document is necessary for the fulfilment of its tasks relating to the political monitoring of the Agency's activities. The Member States shall provide the JPSG with any further
PE630.451v02-00 176/249 RR\1176810EN.docx EN
information it requests taking into account their obligations regarding discretion and confidentiality. 5. The JPSG may draw up summary conclusions on the political monitoring of the European Border and Coast Guard and submit those conclusions to the European Parliament and to the national parliaments. The European Parliament shall forward those conclusions, for information purposes, to the Council, to the Commission and to the Agency.
Amendment 386
Proposal for a regulation Article 81 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment
The European Border and Coast Guard The European Border and Coast Guard shall guarantee the protection of shall guarantee the protection of fundamental rights in the performance of fundamental rights in the performance of its tasks under this Regulation in its tasks under this Regulation in accordance with relevant Union law, in accordance with relevant Union law, in particular the Charter, relevant particular the Charter and relevant international law — including the 1951 international law — including the 1951 Convention Relating to the Status of Convention Relating to the Status of Refugees, the 1967 Protocol thereto and Refugees, the 1967 Protocol thereto, the obligations related to access to Convention on the Rights of the Child and international protection, in particular the obligations related to access to principle of non-refoulement. international protection, in particular the principle of non-refoulement.
Amendment 387
Proposal for a regulation Article 81 – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment
For that purpose, the Agency shall draw For that purpose, the Agency, subject to up, further develop and implement a the endorsement by the fundamental fundamental rights strategy including an rights officer, shall draw up, further effective mechanism to monitor the respect develop and implement a fundamental for fundamental rights in all the activities rights strategy and action plan, including
RR\1176810EN.docx 177/249 PE630.451v02-00 EN
of the Agency. an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency. Implementation of the strategy and action plan shall be reported by the fundamental rights officer in accordance with Article 107(2).
Amendment 388
Proposal for a regulation Article 81 – paragraph 2
Text proposed by the Commission Amendment
2. In performing of its tasks, the 2. In performing of its tasks, the European Border and Coast Guard shall European Border and Coast Guard shall ensure that no person is disembarked in, ensure that no person is disembarked in, forced to enter, conducted to, or otherwise forced to enter, conducted to, or otherwise handed over or returned to, the authorities handed over or returned to, the authorities of a country in contravention of the of a country where there is, inter alia, a principle of non-refoulement, or from serious risk that he or she would be which there is a risk of expulsion or return subjected to the death penalty, torture, to another country in contravention of that persecution, or other inhuman or principle. degrading treatment or punishment, or where his or her life or freedom would be threatened on account of his or her race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, in contravention of the principle of non-refoulement, or from which there is a risk of expulsion, removal, extradition or return to another country in contravention of that principle.
Amendment 389
Proposal for a regulation Article 81 – paragraph 3 – subparagraph 1
Text proposed by the Commission Amendment
In performing of its tasks the European In performing of its tasks the European Border and Coast Guard shall take into Border and Coast Guard shall take into account the special needs of children, account and address the special needs of unaccompanied minors, persons with children, unaccompanied minors, persons disabilities, victims of trafficking in human with disabilities, victims of trafficking in beings, persons in need of medical human beings, persons in need of medical
PE630.451v02-00 178/249 RR\1176810EN.docx EN
assistance, persons in need of international assistance, persons in need of international protection, persons in distress at sea and protection, persons in distress at sea and other persons in a particularly vulnerable other persons in a particularly vulnerable situation. situation.
Amendment 390
Proposal for a regulation Article 81 – paragraph 4
Text proposed by the Commission Amendment
4. In performing its tasks, in its 4. In performing all its tasks, relations with Member States and in its including the further development and cooperation with third countries, the implementation of an effective Agency shall take into account the reports mechanism to monitor the respect for of the consultative forum referred to in fundamental rights, in its relations with Article 70 and the fundamental rights Member States and in its cooperation with officer. third countries, the Agency shall take into account the reports of the consultative forum referred to in Article 70 and the fundamental rights officer.
Amendment 391
Proposal for a regulation Article 83 – paragraph 1
Text proposed by the Commission Amendment
1. Members of the teams deployed 1. Members of the teams deployed from the European Border and Coast from the European Border and Coast Guard standing corps shall have the Guard standing corps shall have the capacity to perform all tasks and exercise capacity to perform all tasks and exercise all powers for border control and return as all powers for border control and return as well as those which are necessary for the well as those which are necessary for the realisation of the objectives of Regulation realisation of the objectives of Regulations (EU) 2016/399 and Directive (EU) No 656/2014 and (EU) 2016/399, as 2008/115/EC. well as Directive 2008/115/EC.
Amendment 392
Proposal for a regulation Article 83 – paragraph 2
RR\1176810EN.docx 179/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
2. While performing their tasks and 2. While performing their tasks and exercising their powers, members of the exercising their powers, members of the teams shall comply with Union and teams shall comply with Union and international law and shall observe international law and shall ensure at all fundamental rights and the national law of times the respect of fundamental rights and the host Member State. observe the national law of the host Member State.
Amendment 393
Proposal for a regulation Article 83 – paragraph 3 a (new)
Text proposed by the Commission Amendment
3 a. When establishing an operational plan, the host Member State may limit the executive powers of the members of the teams in accordance with national law or operating procedures during operations. The specific executive powers which the members of the teams may exercise shall be presented in an operational plan as provided for in Article 39.
Amendment 394
Proposal for a regulation Article 83 – paragraph 4 – subparagraph 1
Text proposed by the Commission Amendment
Members of the teams deployed from the Members of the teams deployed from the Agency’s statutory operational staff or Agency’s statutory operational staff or deployed following secondment for a long- deployed following secondment for a long- term duration to the Agency by the term duration to the Agency by the Member States shall wear, where Member States shall wear the uniform of appropriate, the uniform of the European the European Border and Cost Guard Border and Cost Guard standing corps standing corps while performing their tasks while performing their tasks and exercising and exercising their powers. Members of their powers. Members of the teams the teams deployed from Member States deployed from Member States for a short for a short duration shall wear their own duration shall wear, where appropriate, uniform while performing their tasks and their own uniform while performing their
PE630.451v02-00 180/249 RR\1176810EN.docx EN
tasks and exercising their powers. exercising their powers.
Amendment 395
Proposal for a regulation Article 83 – paragraph 6
Text proposed by the Commission Amendment
6. While performing their tasks and 6. While performing their tasks and exercising their powers, members of the exercising their powers, members of the teams shall be authorised to use force, teams shall may be authorised to use force, including service weapons, ammunition including service weapons, ammunition and equipment, with the consent of the and equipment, with the consent of the home Member State and the host Member home Member State and the host Member State or, for the Agency's staff with the State or, for the Agency's staff with the consent of the Agency, in the presence of consent of the Agency and the host border guards of the host Member State Member State, in the presence of border and in accordance with the national law of guards of the host Member State and in the host Member State. The host Member accordance with the national law of the State may, with the consent of the home host Member State. The host Member State Member State or the Agency where may, with the consent of the home Member appropriate authorise members of the State or the Agency where appropriate teams to use force in the absence of border authorise members of the teams to use guards of the host Member State. force in the absence of border guards of the host Member State.
Amendment 396
Proposal for a regulation Article 83 – paragraph 7
Text proposed by the Commission Amendment
7. Service weapons, ammunition and 7. Service weapons, ammunition and equipment may be used in legitimate self- equipment may be used in legitimate self- defence and in legitimate defence of defence and in legitimate defence of members of the teams or of other persons members of the teams or of other persons in accordance with the national law of the in accordance with the national law of the host Member State. host Member State, as well as with international human rights law and the Charter of Fundamental Rights.
Amendment 397
Proposal for a regulation
RR\1176810EN.docx 181/249 PE630.451v02-00 EN
Article 83 – paragraph 8 – subparagraph 1
Text proposed by the Commission Amendment
For the purpose of this Regulation, the host For the purpose of this Regulation, the host Member State shall authorise members of Member State shall authorise members of the teams to consult European databases the teams to consult European databases the consultation of which is necessary for the consultation of which is necessary for fulfilling operational aims specified in the fulfilling operational aims specified in the operational plan on border checks, border operational plan on border checks, border surveillance and return. The host Member surveillance and return in accordance with State may also authorise them to consult its the legislative instruments establishing national databases where necessary for the such databases. The host Member State same purpose. Member States shall ensure may also authorise them to consult its that they provide such database access in national databases where necessary for the an efficient and effective manner. The same purpose. Member States shall ensure members of the teams shall consult only that they provide such database access in those data which are required for an efficient and effective manner. The performing their tasks and exercising their members of the teams shall consult only powers. The host Member State shall, in those data which are strictly necessary for advance of the deployment of the members performing their tasks and exercising their of the teams, inform the Agency of the powers. The host Member State shall, in national and European databases which advance of the deployment of the members may be consulted. The Agency shall make of the teams, inform the Agency of the this information available to all Member national and European databases which States participating in the deployment. may be consulted. The Agency shall make this information available to all Member States participating in the deployment.
Amendment 398
Proposal for a regulation Article 83 – paragraph 8 – subparagraph 1 a (new)
Text proposed by the Commission Amendment
The host Member State’s authorities shall be the data controllers for the processing of any personal data collected or processed by members of the teams while performing their tasks and exercising their powers.
Amendment 399
Proposal for a regulation Article 85 – paragraph 1
PE630.451v02-00 182/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
1. Without prejudice to Article 94, 1. Without prejudice to Article 94 and where members of the teams are operating 96(-1) and (-1a), where members of the in a host Member State, that Member State teams are operating in a host Member shall be liable in accordance with its State, that Member State shall be liable in national law for any damage caused by accordance with its national law for any them during their operations. damage caused by them during their operations.
Amendment 400
Proposal for a regulation Article 86 – paragraph 1
Text proposed by the Commission Amendment
Without prejudice to Article 94 during a During a joint operation, pilot project, joint operation, pilot project, migration migration management support team management support team deployment, deployment, rapid border intervention, rapid border intervention, return operation return operation or return intervention, or return intervention, members of the members of the teams, including the teams shall be treated in the same way as Agency’s statutory staff, shall be treated in officials of the host Member State with the same way as officials of the host regard to any criminal offences that might Member State with regard to any criminal be committed against them or by them. offences that might be committed against them or by them.
Amendment 401
Proposal for a regulation Article 87 – paragraph 1
Text proposed by the Commission Amendment
1. The Agency shall apply 1. The Agency shall apply Regulation [Regulation (EC) No 45/2001] when (EU) 2018/1725 when processing personal processing personal data. data.
Amendment 402
Proposal for a regulation Article 87 – paragraph 2
RR\1176810EN.docx 183/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
2. The management board shall take 2. The management board shall take the necessary administrative measures to the necessary implementing measures to apply[Regulation (EC) No 45/2001] by the apply Regulation (EU) 2018/1725 by the Agency, including those concerning the Agency, as well as implementing data protection officer of the Agency. measures concerning the data protection officer of the Agency, in particular with a view to enable him or her to perform his or her tasks, duties and powers.
Amendment 403
Proposal for a regulation Article 87 – paragraph 3
Text proposed by the Commission Amendment
3. The Agency may transfer personal 3. The Agency may transfer personal data to an authority of a third country or to data to an authority of a third country or to an international organisation in accordance an international organisation in accordance with the provisions of [Regulation (EC No with the provisions of [Regulation (EC No 45/2001] insofar as such transfer is 45/2001] insofar as such transfer is necessary for the performance of the necessary for the performance of the Agency’s tasks in the area of return Agency’s tasks in the area of return activities.Where in the framework of activities. Where in the framework of organising return operations the personal organising return operations the personal data of returnees are not transmitted to the data of returnees are not transmitted to the carrier by a Member State, the Agency carrier by a Member State, the Agency may also transfer such data under the same may also transfer such data under the same conditions. In application of [Article conditions. In accordance with Article 25(1)(c)] of [Regulation (EC) No 25(1)(c) of Regulation (EU) 2018/1725, 45/2001], [Article 19] thereof shall not the Agency may provide for internal rules apply to the processing of data for the on restricting the application of the rights purpose of return by the Agency, for as under Articles 17 and 18 of that Regulation long as the third country national is not on a case by case basis as long as the returned. The Agency may provide for exercise of such right would risk to internal rules on restricting the application jeopardise the return procedure. Such of the rights under [Articles 17 and 18] of restrictions shall respect the essence of [Regulation (EC) No 45/2011] on a case by the right to protection of personal data case basis as long as the exercise of such and the right to private and family life right would risk to jeopardise the return and be necessary and proportionate to the procedure. objective pursued, taking into account the risks to those rights of the person concerned.
PE630.451v02-00 184/249 RR\1176810EN.docx EN
Amendment 404
Proposal for a regulation Article 87 – paragraph 3 a (new)
Text proposed by the Commission Amendment
3 a. Any exchange of information which provides a third country with information that could be used to identify persons or groups of persons whose request for access to is or has been under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited. The Agency shall not disclose the fact that a person has lodged an application for international protection to a third country.
Amendment 405
Proposal for a regulation Article 87 – paragraph 3 b (new)
Text proposed by the Commission Amendment
3 b. Onward transmission or other communication of information exchanged under this Regulation to other third countries or to third parties shall be prohibited.
Amendment 406
Proposal for a regulation Article 87 a (new)
Text proposed by the Commission Amendment
Article 87 a Sources of personal data and ownership of data 1. The Agency may process personal
RR\1176810EN.docx 185/249 PE630.451v02-00 EN
data relevant to its tasks as provided in this Regulation obtained from: (a) Member States; (b) staff of the Agency; (c) European Border and Coast Guard standing corps; (d) other Union bodies, agencies and offices in particular those referred to in Article 69(1); (e) third countries or international organisations; (f) open sources. 2. The party providing the personal data retains the ownership of that data as well as the responsibilities related to data accuracy. When personal data is provided by the sources referred to in points (b), (e) and (f) of paragraph 1 the responsibility lies with the Agency. 3. Information from open sources shall be assessed by the Agency in accordance with the following principles: (a) the reliability of the source of information shall be assessed using the following source evaluation codes: (A): where there is no doubt as to the authenticity, trustworthiness and competence of the source, or if the information is provided by a source which has proved to be reliable in all instances; (B): where the information is provided by a source which has in most instances proved to be reliable; (C): where the information is provided by a source which has in most instances proved to be unreliable; (X): where the reliability of the source cannot be assessed; (b) the accuracy of information shall be assessed using the following information evaluation codes: (1): information the accuracy of which
PE630.451v02-00 186/249 RR\1176810EN.docx EN
is not in doubt; (2): information known personally to the source but not known personally to the official passing it on; (3): information not known personally to the source but corroborated by other information already recorded; (4): information not known personally to the source and which cannot be corroborated.
Amendment 407
Proposal for a regulation Article 88 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
1. The Agency may process personal 1. The Agency may process personal data only for the following purposes: data only where strictly necessary for the following purposes:
Amendment 408
Proposal for a regulation Article 88 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) performing its tasks of organising (a) performing its tasks related to joint and coordinating joint operations, pilot operations, pilot projects, rapid border projects, rapid border interventions and in interventions and in the framework of the the framework of the migration migration management support teams as management support teams in accordance provided for in this Regulation; with;
Amendment 409
Proposal for a regulation Article 88 – paragraph 1 – point c
Text proposed by the Commission Amendment
(c) facilitating the exchange of (c) facilitating the exchange of
RR\1176810EN.docx 187/249 PE630.451v02-00 EN
information with Member States, EASO, information with Member States, [the Europol or Eurojust in accordance with European Union Agency for Asylum], Article 89; Europol or Eurojust in accordance with Article 89;
Amendment 410
Proposal for a regulation Article 88 – paragraph 2
Text proposed by the Commission Amendment
2. A Member State or other Union 2. A Member State or other Union agency providing personal data to the agency providing personal data to the Agency shall determine the purpose or the Agency shall determine the purpose or the purposes for which those data shall be purposes for which those data shall be processed as referred to in paragraph 1. processed as referred to in paragraph 1. The Agency may process such personal The Agency may process such personal data for a different purpose which also falls data for a different purpose which also falls under paragraph 1 only if authorised by the under paragraph 1 only if authorised by the provider of the personal data provider of the personal data and only after having assessed that the change in purpose for such processing complies with the data protection principles of necessity and proportionality. The Agency shall keep written records of a case-by-case compatibility assessment when processing personal data under this paragraph.
Amendment 411
Proposal for a regulation Article 88 – paragraph 3 a (new)
Text proposed by the Commission Amendment
3 a. In duly justified cases, the Agency through the implementing measures adopted in accordance with Article 87(2) may assign restrictions of use by Member States, Union bodies, third countries and international organisations of information and personal data retrieved from open sources.
PE630.451v02-00 188/249 RR\1176810EN.docx EN
Amendment 412
Proposal for a regulation Article 89 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
1. The Agency shall only process the 1. The Agency shall only process the following categories of personal data following categories of personal data collected and transmitted to it by the collected and transmitted to it by the Member States, by its staff or by EASO, Member States, by its staff, by members of Europol or Eurojust in the context of joint the European Border and Coast Guard operations, pilot projects and rapid border standing corps or by [the European Union interventions, and by migration Agency for Asylum], Europol or Eurojust management support teams: in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teams:
Amendment 413
Proposal for a regulation Article 89 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) personal data of persons who are (a) personal data of persons who are suspected, on reasonable grounds, by the suspected, on reasonable grounds, by the competent authorities of the Member States competent authorities of the Member States and EASO, Europol or Eurojust, of and [the European Union Agency for involvement in cross-border crime, such as Asylum], Europol or Eurojust, of migrant smuggling, trafficking in human involvement in cross-border crime; beings or terrorism;
Amendment 414
Proposal for a regulation Article 89 – paragraph 2 – point a
Text proposed by the Commission Amendment
(a) where exchange of information (a) where exchange of information with EASO, Europol or Eurojust is with [the European Union Agency for necessary for use in accordance with their Asylum], Europol or Eurojust is necessary respective mandates and in accordance for use in accordance with their respective with Article 69; mandates and in accordance with Article 69;
RR\1176810EN.docx 189/249 PE630.451v02-00 EN
Amendment 415
Proposal for a regulation Article 89 – paragraph 2 – point e
Text proposed by the Commission Amendment
(e) in specific cases, where the Agency (e) in specific cases, where the Agency becomes aware that personal data becomes aware that transmission of processed in the fulfilment of its tasks is personal data processed in the fulfilment of strictly necessary to law enforcement its tasks is strictly necessary to law authorities for the purposes of preventing, enforcement authorities for the purposes of detecting, investigating or prosecuting preventing, detecting, investigating or serious crime prosecuting serious crime.
Amendment 416
Proposal for a regulation Article 89 – paragraph 3
Text proposed by the Commission Amendment
3. Personal data shall be deleted as 3. Personal data shall be deleted as soon as they have been transmitted to soon as they have been transmitted to [the EASO, Europol or Eurojust or to the European Union Agency for Asylum], competent authorities of Member States or Europol or Eurojust or to the competent used for the preparation of risk analyses. authorities of Member States or used for The storage period shall, in any event, not the preparation of risk analyses. The exceed 90 days after the date of the storage period shall, in any event, not collection of those data. In the results of exceed 90 days after the date of the risk analyses, data shall be anonymised. collection of those data. In the results of The provisions of this paragraph shall not risk analyses, data shall be anonymised. apply to data processed for the purpose of The provisions of this paragraph shall not performing return-related tasks. apply to data processed for the purpose of performing return-related tasks.
Amendment 417
Proposal for a regulation Article 89 – paragraph 3 a (new)
Text proposed by the Commission Amendment
3 a. Any exchange of information which provides a third country with information that could be used to identify persons or groups of persons whose
PE630.451v02-00 190/249 RR\1176810EN.docx EN
request for access to international protection is under examination of who are under a serious risk of being subjected to torture, inhuman or degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited
Amendment 418
Proposal for a regulation Article 90 – paragraph 1
Text proposed by the Commission Amendment
1. Where the national situational 1. Where the national situational picture requires the processing of personal picture requires the processing of personal data, those data shall be processed in data, those data shall be processed in accordance with the relevant Union and accordance with the relevant Union and national provisions on data protection. national provisions on data protection. Each Member State shall designate the Each Member State shall designate the authority which is to be considered as authority which is to be considered as controller in accordance with Article 4(7) controller in accordance with Article 4(7) of Regulation (EU) 2016/679 and which of Regulation (EU) 2016/679 and which shall have central responsibility for the shall have central responsibility for the processing of data by that Member State. processing of personal data by that Each Member State shall notify the details Member State. Each Member State shall of that authority to the Commission. notify the details of that authority to the Commission.
Amendment 419
Proposal for a regulation Article 90 – paragraph 2
Text proposed by the Commission Amendment
2. Ship and aircraft identification 2. Ship and aircraft identification numbers are the only personal data that can numbers are the only personal data that be processed in the European situational may be processed in the European and specific situational pictures. situational and specific situational pictures.
Amendment 420
Proposal for a regulation Article 90 – paragraph 3
RR\1176810EN.docx 191/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
3. Any exchange of personal data with 3. Any exchange of personal data with third countries in the framework of third countries in the framework of EUROSUR shall be strictly limited to what EUROSUR shall be strictly limited to what is absolutely necessary for the purposes of is absolutely necessary for the purposes of this Regulation. It shall be carried out in this Regulation. It shall be carried out in accordance with Regulation (EU) accordance with Regulation (EU) 2016/679 2016/679, and the relevant national or Directive (EU) 2016/680 as applicable, provisions on data protection. and the relevant national provisions on data protection.
Amendment 421
Proposal for a regulation Article 90 – paragraph 4
Text proposed by the Commission Amendment
4. Any exchange of information 4. Any exchange of information under Article 73(2), Article 74(3) and which provides a third country with Article 75(3) which provides a third information that could be used to identify country with information that could be persons or groups of persons whose request used to identify persons or groups of for access to international protection is persons whose request for access to under examination or who are under a international protection is under serious risk of being subjected to torture, examination or who are under a serious inhuman and degrading treatment or risk of being subjected to torture, inhuman punishment or any other violation of and degrading treatment or punishment or fundamental rights, shall be prohibited. any other violation of fundamental rights, shall be prohibited.
Amendment 422
Proposal for a regulation Article 90 – paragraph 4 a (new)
Text proposed by the Commission Amendment
4 a. Member States shall keep logs of all exchanges of information and personal data for the purposes of monitoring the lawfulness of data processing and ensuring compliance with this Regulation. The logs shall show, in particular, the date, the name of the third
PE630.451v02-00 192/249 RR\1176810EN.docx EN
country and the type of information shared.
Amendment 423
Proposal for a regulation Article 90 – paragraph 5
Text proposed by the Commission Amendment
5. Onward transmission or other 5. Member States and the Agency communication of information exchanged shall ensure that information transferred under Article 73(2), Article 74(3) and or disclosed to third countries pursuant to Article 75(3) to other third countries or to Article 73(2), Article 74(3) and Article third parties shall be prohibited. 75(3) is not transmitted onwards to other third countries or to any other third parties. Provisions in this regard shall be included in any agreement or arrangement concluded with a third country providing for the exchange of information.
Amendment 424
Proposal for a regulation Article 91 – paragraph 2
Text proposed by the Commission Amendment
2. The security rules shall be adopted 2. The security rules shall be adopted by the Management Board following by the Management Board. approval by the Commission.
Amendment 425
Proposal for a regulation Article 91 – paragraph 3
Text proposed by the Commission Amendment
3. Classification shall not preclude 3. Classification shall not preclude information being made available to the information being made available to the European Parliament. The transmission and European Parliament. The transmission and handling of information and documents handling of information and documents transmitted to the European Parliament in transmitted to the European Parliament in accordance with this Regulation shall be accordance with this Regulation shall comply with rules concerning the
RR\1176810EN.docx 193/249 PE630.451v02-00 EN
approved by the Commission . forwarding and handling of classified information which are applicable between the European Parliament and the Commission.
Amendment 426
Proposal for a regulation Article 94 – paragraph 4 – subparagraph 1
Text proposed by the Commission Amendment
The Management Board may grant a The Management Board may grant a monthly differential payment to Agency monthly differential payment to Agency statutory staff members. This differential statutory staff members when faced with payment shall be calculated as a percentage difficulties in achieving its mission and of the remuneration of each staff member tasks as set out in this Regulation. This concerned. That percentage shall not differential payment shall be calculated as exceed the difference between 100% and a percentage of the remuneration of each the correction coefficient applicable in the staff member concerned. That percentage place of employment and shall regularly be shall not exceed the difference between reviewed. Before granting this benefit, 100% and the correction coefficient due account shall be taken of the overall applicable in the place of employment and remuneration received by individual staff shall regularly be reviewed. members, including reimbursements of mission expenses.
Amendment 427
Proposal for a regulation Article 96 – paragraph -1 (new)
Text proposed by the Commission Amendment
-1. The Agency shall be liable for any activities it has undertaken in accordance with this Regulation.
Amendment 428
Proposal for a regulation Article 96 – paragraph -1 a (new)
PE630.451v02-00 194/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
-1 a. Where statutory staff of the Agency carry out the tasks referred to in Annex II the Agency shall be liable for any damage caused.
Amendment 429
Proposal for a regulation Article 96 a (new)
Text proposed by the Commission Amendment
Article 96 a Actions before the Court of Justice of the European Union 1. Proceedings may be brought before the Court of Justice of the European Union, in accordance with Article 263 TFEU, to challenge the legality of acts of the Agency. 2. Member States, the Union institutions, and natural and legal persons, may institute proceedings before the Court of Justice of the European Union against acts of the Agency in accordance with Article 263 TFEU. 3. In the event that the Agency has an obligation to act and fails to do so, proceedings for failure to act may be brought before the Court of Justice of the European Union in accordance with Article 265 TFEU. 4. The Agency shall take the necessary measures to comply with judgments of the Court of Justice of the European Union.
Amendment 430
Proposal for a regulation Article 97 – paragraph 1 – point d
RR\1176810EN.docx 195/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
(d) consultative forum; deleted
Amendment 431
Proposal for a regulation Article 97 – paragraph 1 – point e
Text proposed by the Commission Amendment
(e) a fundamental rights officer. deleted
Amendment 432
Proposal for a regulation Article 97 – paragraph 1 a (new)
Text proposed by the Commission Amendment
The following shall function independently outside the administrative and management structure: (a) consultative forum; (b) a fundamental rights officer.
Amendment 433
Proposal for a regulation Article 98 – paragraph 2 – subparagraph 1 – point a
Text proposed by the Commission Amendment
(a) appoint the executive director on a deleted proposal from the Commission in accordance with Article 105;
Amendment 434
Proposal for a regulation Article 98 – paragraph 2 – subparagraph 1 – point b
PE630.451v02-00 196/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
(b) appoint the deputy executive (b) appoint the deputy executive directors on a proposal from the directors on a proposal from the executive Commission in accordance with Article director in accordance with Article 105; 105;
Amendment 435
Proposal for a regulation Article 98 – paragraph 2 – subparagraph 1 – point bb
Text proposed by the Commission Amendment
(bb) adopt, after the prior approval of (bb) adopt the security rules of the the Commission, the security rules of the Agency on protecting EU classified Agency on protecting EU classified information and sensitive non-classified information and sensitive non-classified information as referred to in Article 91; information as refrerred to in Article 91;
Amendment 436
Proposal for a regulation Article 98 – paragraph 4
Text proposed by the Commission Amendment
4. The management board may advise 4. The management board may advise the executive director on any matter related the executive director on any matter related to the development of operational to the development of operational management of the external borders and management of the external borders, return return, including activities related to and training, including activities related to research. research.
Amendment 437
Proposal for a regulation Article 99 – paragraph 1
Text proposed by the Commission Amendment
1. Without prejudice to paragraph 3, 1. Without prejudice to paragraph 3, the management board shall be composed the management board shall be composed of one representative of each Member State of one representative of each Member and two representatives of the State, two representatives of the
RR\1176810EN.docx 197/249 PE630.451v02-00 EN
Commission, all with a right to vote. To Commission and one representative of the this effect, each Member State shall European Parliament, all with a right to appoint a member of the management vote. To this effect, each Member State board as well as an alternate who will shall appoint a member of the management represent the member in his or her absence. board as well as an alternate who will The Commission shall appoint two represent the member in his or her absence. members and their alternates. The duration The Commission shall appoint two of the terms of office shall be four years. members and their alternates. The The terms of office shall be extendable. European Parliament shall appoint one Member of the European Parliament from the competent committee and another Member of the European Parliament as his or her alternate. The duration of the terms of office shall be four years. The terms of office shall be extendable.
Amendment 438
Proposal for a regulation Article 100 – paragraph 1
Text proposed by the Commission Amendment
1. The management board shall, by 30 1. The management board shall, by 30 November each year, adopt a final November each year, and taking into programming document containing inter account the recommendations of the alia the Agency's multiannual Inter-Institutional Working Group on programming and annual programming for agencies' resources, adopt a final the following year, based on a draft put programming document containing inter forward by the executive director and alia the Agency's multiannual endorsed by the management board. The programming and annual programming for final programming document shall be the following year, based on a draft put adopted after a positive opinion of the forward by the executive director and Commission, as regards the multiannual endorsed by the management board. The programming, after having consulted the final programming document shall be European Parliament. If the Agency adopted after a positive opinion of the decides not to take into account elements Commission, as regards the multiannual of the opinion of the Commission, it shall programming, after having consulted the provide a thorough justification. The European Parliament. If the Agency management board shall forward the decides not to take into account elements document to the European Parliament, to of the opinion of the Commission or the the Council and to the Commission. European Parliament, it shall provide a thorough justification. The management board shall forward the document to the European Parliament, to the Council and to the Commission without delay.
PE630.451v02-00 198/249 RR\1176810EN.docx EN
Amendment 439
Proposal for a regulation Article 100 – paragraph 3
Text proposed by the Commission Amendment
3. The multiannual programming shall 3. The multiannual programming shall set out overall strategic programming in set out overall strategic programming in the medium and long term, including the medium and long term, including objectives, expected results, performance objectives, expected results, performance indicators and resource planning, including indicators and resource planning, including the multiannual budget, staff and the the multiannual budget, staff and the development of the Agency's own development of the Agency's own capabilities. The multiannual programming capabilities. The multiannual programming shall set out the strategic areas of shall set out the strategic areas of intervention and explain what needs to be intervention and explain what needs to be done to achieve the objectives. It shall done to achieve the objectives. It shall include a strategy for relations with third include a strategy for the monitoring and countries and international organisations as respect for fundamental rights and for well as the actions linked to that strategy. relations with third countries and international organisations as well as the actions linked to these strategies.
Amendment 440
Proposal for a regulation Article 102 – paragraph 6
Text proposed by the Commission Amendment
6. Representatives of the European 6. Representatives of the European Union Agency for Asylum and EUROPOL Union Agency for Asylum, the European shall be invited to attend the meetings of Union Agency for Fundamental rights the Management Board. The management and EUROPOL shall be invited to attend board may also invite a representative of the meetings of the Management Board. relevant Union institutions, bodies, offices The management board may also invite a and agencies. representative of other relevant Union institutions, bodies, offices and agencies.
Amendment 441
Proposal for a regulation Article 104 – paragraph 2
RR\1176810EN.docx 199/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
2. The European Parliament or the 2. The European Parliament or the Council may invite the executive director Council may invite the executive director to report on the carrying out of his or her to report on the carrying out of his or her tasks. This includes reporting on the tasks. This includes reporting on the implementation and monitoring of the activities of the Agency, on the fundamental rights strategy, the annual implementation and monitoring of the activity report of the Agency for the fundamental rights strategy, the annual previous year, the work programme for the activity report of the Agency for the following year and the Agency's previous year, the work programme for the multiannual programming or any other following year and the Agency's matter related to the activities of the multiannual programming or any other Agency. The executive director shall also matter related to the activities of the make a statement before the European Agency. The executive director shall also Parliament, if requested and report to it make a statement before the European regularly. Parliament, if requested, and answer any question put forward by a Member of the European Parliament in writing within 15 calendar days. The executive director shall report regularly to the appropriate bodies and committees of the European Parliament. Except where specific deadlines are already provided for in this Regulation, the executive director shall ensure that reports are transmitted to the European Parliament within six months after the end of the reporting period unless a delay is duly justified in writing to the appropriate bodies and committees of the European Parliament.
Amendment 442
Proposal for a regulation Article 105 – paragraph 1
Text proposed by the Commission Amendment
1. The Commission shall propose at 1. The European Parliament and the least three candidates for the post of Council shall appoint by common accord executive director and for the posts of the executive director based on a list each of the deputy executive directors drawn up by the Commission following based on a list following publication of the publication of the post in the Official post in the Official Journal of the European Journal of the European Union and, as Union and, as appropriate, other press or appropriate, other press or internet sites.
PE630.451v02-00 200/249 RR\1176810EN.docx EN
internet sites.
Amendment 443
Proposal for a regulation Article 105 – paragraph 2 – subparagraph 1
Text proposed by the Commission Amendment
The executive director shall be appointed The executive director shall be chosen on by the management board on the grounds the grounds of merit, independence and of merit and documented high-level documented high-level administrative and administrative and management skills, management skills, including relevant including relevant senior professional senior professional experience in the field experience in the field of management of of management of the external-borders and the external-borders and return, on the return and after demonstrating a thorough proposal from the Commission referred to knowledge of the role and activities of the in paragraph 1. Before appointment, the Agency, on the proposal from the candidates proposed by the Commission Commission referred to in paragraph 1. shall be invited to make a statement before Before appointment, the candidates the competent committee or committees of proposed by the Commission shall be the European Parliament and answer invited to make a statement before the questions put by its or their members. competent committee or committees of the European Parliament and answer questions put by its or their members.
Amendment 444
Proposal for a regulation Article 105 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment
Following such a statement, the deleted European Parliament shall adopt an opinion setting out its views and may indicate a preferred candidate.
Amendment 445
Proposal for a regulation Article 105 – paragraph 2 – subparagraph 3
RR\1176810EN.docx 201/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
The management board shall appoint the deleted executive director taking these views into account. The management board shall take its decision by a two-thirds majority of all members with a right to vote.
Amendment 446
Proposal for a regulation Article 105 – paragraph 2 – subparagraph 4
Text proposed by the Commission Amendment
If the management board takes a decision deleted to appoint a candidate other than the candidate whom the European Parliament indicated as its preferred candidate, the management board shall inform the European Parliament and the Council in writing of the manner in which the opinion of the European Parliament was taken into account.
Amendment 447
Proposal for a regulation Article 105 – paragraph 2 – subparagraph 5
Text proposed by the Commission Amendment
Power to dismiss the executive director Power to dismiss the executive director shall lie with the management board, and the deputy executive directors shall lie acting on a proposal from the Commission. with the European Parliament and the Council, acting on a proposal from the Commission. The European Parliament or the Council may request the Commission to present such a proposal.
Amendment 448
Proposal for a regulation Article 105 – paragraph 2 – subparagraph 5 a (new)
PE630.451v02-00 202/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
The outgoing executive director or the deputy executive directors shall remain in office until the European Parliament and the Council appoint his or her replacement. In case of dismissal or if he or she no longer fulfils the conditions required for the performance of his or her duties, the termination of his or hers duties shall become effective immediately. The management board shall nominate an interim executive director or deputy executive director until a new executive director or deputy executive director has been appointed in accordance with paragraphs 1 or 4.
Amendment 449
Proposal for a regulation Article 105 – paragraph 4 – subparagraph 1
Text proposed by the Commission Amendment
The deputy executive directors shall be The deputy executive directors shall be appointed by the management board on the appointed by the management board on the grounds of merit and appropriate proposal of the executive director. The administrative and management skills, deputy executive directors shall be including relevant professional experience appointed on the grounds of merit and in the field of management of the external appropriate administrative and borders and return, on the proposals from management skills, including relevant the Commission referred to in paragraph professional experience in the field of 1, after having consulted the executive management of the external borders and director. The management board shall take return and after demonstrating a thorough its decision by a two-thirds majority of all knowledge of the role and activities of the members with a right to vote. Agency. The executive director shall propose at least three candidates for the each post of deputy executive director. The management board shall take its decision by a two-thirds majority of all members with a right to vote. The outgoing deputy executive directors shall remain in office until the management board appoints their replacement in accordance with this paragraph.
RR\1176810EN.docx 203/249 PE630.451v02-00 EN
Amendment 450
Proposal for a regulation Article 105 – paragraph 4 – subparagraph 2
Text proposed by the Commission Amendment
The management board shall have the The European Parliament and the power to dismiss the deputy executive Council shall have the power to dismiss directors in accordance with the procedure the deputy executive directors in set out in the first subparagraph. accordance with the procedure set out in paragraph 2.
Amendment 451
Proposal for a regulation Article 105 – paragraph 5
Text proposed by the Commission Amendment
5. The term of office of the executive 5. The term of office of the executive director shall be five years. By the end of director shall be five years. By the end of that period, the Commission shall that period, the Commission shall undertake an assessment that takes into undertake an assessment that takes into account an evaluation of the executive account an evaluation of the executive director's performance and the Agency's director's performance and the Agency's future tasks and challenges. future tasks and challenges. The European Parliament and the Council may extend the term of the executive director once, for another period of five years, by common accord.
Amendment 452
Proposal for a regulation Article 105 – paragraph 6
Text proposed by the Commission Amendment
6. The management board, acting on deleted a proposal from the Commission that takes into account the assessment referred to in paragraph 5, may extend the term of office of the executive director once, for another period of up to five years.
PE630.451v02-00 204/249 RR\1176810EN.docx EN
Amendment 453
Proposal for a regulation Article 105 – paragraph 7
Text proposed by the Commission Amendment
7. The term of the office of the deputy 7. The term of the office of the deputy executive directors shall be five years. It executive directors shall be five years. It may be extended by the management board may be extended by the management board once, for another period of up to five years. once, on the proposal of the executive director, for another period of up to five years.
Amendment 454
Proposal for a regulation Article 106 – paragraph 1
Text proposed by the Commission Amendment
1. A consultative forum shall be 1. A consultative forum shall be established by the Agency to assist the established by the Agency to assist it with executive director and the management independent advice in fundamental rights board with independent advice in matters. fundamental rights matters.
Amendment 455
Proposal for a regulation Article 106 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency shall invite EASO, the 2. The Agency shall invite [the European Union Agency for Fundamental European Union Agency for Asylum], the Rights, the United Nations High European Union Agency for Fundamental Commissioner for Refugees and other Rights, the United Nations High relevant organisations to participate in the Commissioner for Refugees and other consultative forum. On a proposal by the relevant organisations to participate in the executive director, the management board consultative forum. On a proposal by the shall decide on the composition of the fundamental rights officer, the consultative forum and the terms of the management board shall decide on the transmission of information to the composition of the consultative forum and consultative forum. The consultative forum the terms of the transmission of
RR\1176810EN.docx 205/249 PE630.451v02-00 EN
shall, after consulting the management information to the consultative forum. The board and the executive director, define its consultative forum shall, after consulting working methods and set up its work the management board and the executive programme. director, define its working methods and set up its work programme.
Amendment 456
Proposal for a regulation Article 106 – paragraph 3
Text proposed by the Commission Amendment
3. The consultative forum shall be 3. The consultative forum shall be consulted on the further development and consulted on the further development and implementation of the fundamental rights implementation of the fundamental rights strategy, on the establishment of the strategy, on the complaints mechanism, on complaints mechanism, on codes of codes of conduct, on working conduct and on common core curricula. arrangements or other projects in cooperation with third countries, on operational plans and on common core curricula as well as on establishing the criteria referred to in Article 12 and Article 24. The Agency shall inform the consultative forum whether and how it has implemented the reports and recommendations of the consultative forum.
Amendment 457
Proposal for a regulation Article 106 – paragraph 5
Text proposed by the Commission Amendment
5. Without prejudice to the tasks of 5. Without prejudice to the tasks of the fundamental rights officer, the the fundamental rights officer, the consultative forum shall have effective consultative forum shall have effective access to all information concerning the access to all information concerning the respect for fundamental rights, including respect for fundamental rights in a timely by carrying out on-the-spot visits to joint and effective manner, including by operations or rapid border interventions carrying out on-the-spot visits to joint subject to the agreement of the host operations or rapid border interventions Member State, and to hotspot areas or subject to the agreement of the host controlled centres, return operations and Member State, to hotspot areas and to return operations and return interventions,
PE630.451v02-00 206/249 RR\1176810EN.docx EN
return interventions. including in third countries. Where the host Member State exceptionally does not agree with an on-the-spot visit of the consultative forum to a joint operation or rapid border intervention carried out in its territory it shall provide duly justified reasons in a letter to the executive director and the management board. The consultative forum shall be supported by a secretariat which shall have sufficient financial and human resources to assist the forum in its tasks.
Amendment 458
Proposal for a regulation Article 107 – paragraph 1
Text proposed by the Commission Amendment
1. A fundamental rights officer shall 1. A fundamental rights officer shall be appointed by the management board. He be appointed by the management board, or she shall have the tasks of contributing based on a list of three candidates to the Agency's fundamental rights recommended by the consultative forum. strategy, of monitoring its compliance with He or she shall have the tasks of fundamental rights and of promoting its contributing to the Agency's fundamental respect of fundamental rights. The rights strategy, of monitoring its fundamental rights officer shall have the compliance with fundamental rights and of necessary qualifications and experience in promoting its respect of fundamental the field of fundamental rights. rights. The fundamental rights officer shall have the necessary qualifications and, expert knowledge and professional experience in the field of fundamental rights.
Amendment 459
Proposal for a regulation Article 107 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. The fundamental rights officer shall have the power to conduct investigations into any of the activities of the Agency to verify the respect of
RR\1176810EN.docx 207/249 PE630.451v02-00 EN
fundamental rights. He or she shall advise the Agency without delay by issuing formal opinions prior to any activity of the Agency under this Regulation and by issuing recommendations for improving the Agency’s fundamental rights strategy which requires his or her endorsement, as well as by establishing the conditions for compliance with fundamental rights and promoting respect of fundamental rights. The fundamental rights officer shall also be responsible for further developing and implementing the complaints mechanism.
Amendment 460
Proposal for a regulation Article 107 – paragraph 2
Text proposed by the Commission Amendment
2. The fundamental rights officer shall 2. Special rules applicable to the be independent in the performance of his or fundamental rights officer shall be laid her duties. He or she shall report directly to down by the Agency, in consultation with the management board and cooperate with the consultative forum and the the consultative forum. The fundamental fundamental rights officer, in order to rights officer shall so report on a regular guarantee that the fundamental rights basis and as such contribute to the officer is independent in the performance mechanism for monitoring fundamental of his or her duties. He or she shall report rights. directly to the management board and the consultative forum. The fundamental rights officer shall publish an annual report on his or her activities and on the respect of fundamental rights in all activities of the Agency. Those reports shall include information on the complaints mechanism and the implementation of the fundamental rights strategy. The management board shall ensure that action is taken with regard to recommendations of the fundamental rights officer.
Amendment 461
Proposal for a regulation Article 107 – paragraph 2 a (new)
PE630.451v02-00 208/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
2 a. The fundamental rights officer shall have full administrative autonomy and independence in the conduct of his or her duties. He or she shall not be given any instructions nor be restricted in any way as regards the performance of the functions which, by virtue of his or her appointment, are assigned to him or her under this Regulation. The fundamental rights officer shall have adequate resources and staff at his or her disposal, necessary for the fulfilment of his or her the tasks of and corresponding to the mandate and the size of the Agency. Staff allocated to the fundamental rights officer shall report to him or her. Any regular or extraordinary assignment of staff to the Agency shall be accompanied with the proportional allocation of staff to support the fundamental rights officer.
Amendment 462
Proposal for a regulation Article 107 – paragraph 2 b (new)
Text proposed by the Commission Amendment
2 b. The fundamental rights officer shall be assisted by a deputy fundamental rights officer. A deputy fundamental rights officer shall be appointed by the management board from a list of at least three candidates presented by the fundamental rights officer. The deputy fundamental rights officer shall have the necessary qualifications and experience in the field of fundamental rights. If the fundamental rights officer is absent or indisposed, the deputy fundamental rights officer shall take his or her place.
RR\1176810EN.docx 209/249 PE630.451v02-00 EN
Amendment 463
Proposal for a regulation Article 107 – paragraph 3
Text proposed by the Commission Amendment
3. The fundamental rights officer shall 3. The fundamental rights officer shall be consulted on the operational plans be consulted on the operational plans drawn up in accordance with Articles 39, drawn up in accordance with Articles 39, 43, 54(4) and 75(3). He or she shall have 40, 41, 43, 51, 54 and 75 as well as on access to all information concerning pilot projects and technical assistance respect for fundamental rights in all the projects in third countries. He or she shall activities of the Agency. have access to all information concerning respect for fundamental rights in all the activities of the Agency, including by carrying out on-the-spot visits to any joint operation, rapid border intervention, pilot project, migration management support team, return operation or return intervention, including in third countries.
Amendment 464
Proposal for a regulation Article 108 – paragraph 1
Text proposed by the Commission Amendment
1. The Agency shall, in cooperation 1. The Agency shall, in cooperation with the fundamental rights officer, take with the fundamental rights officer, take the necessary measures to set up a the necessary measures to set up and complaints mechanism in accordance with further develop an independent and this Article to monitor and ensure the effective complaints mechanism in respect for fundamental rights in all the accordance with this Article to monitor and activities of the Agency. ensure the respect for fundamental rights in all the activities of the Agency.
Amendment 465
Proposal for a regulation Article 108 – paragraph 2
Text proposed by the Commission Amendment
2. Any person who is directly affected 2. Any person who is directly affected by the actions of staff involved in a joint by the actions or omissions of staff
PE630.451v02-00 210/249 RR\1176810EN.docx EN
operation, pilot project, rapid border involved in a joint operation, pilot project, intervention, migration management rapid border intervention, migration support team deployment, joint return management support team deployment, operation or return intervention and who joint return operation, return intervention considers him or herself to have been the or any other operational action of the subject of a breach of his or her Agency and who considers him or herself fundamental rights due to those actions, or to have been the subject of a breach of his any party representing such a person, may or her fundamental rights due to those submit a complaint in writing to the actions or omissions, or any party Agency. representing such a person, may submit a complaint in writing to the Agency.
Amendment 466
Proposal for a regulation Article 108 – paragraph 3
Text proposed by the Commission Amendment
3. Only substantiated complaints 3. Only complaints that are involving concrete fundamental rights substantiated and involve concrete violations shall be admissible. fundamental rights violations shall be admissible. Complaints which are ill founded, malicious, frivolous, vexatious, hypothetical or unidentifiable shall be excluded from the complaints mechanism.
Amendment 467
Proposal for a regulation Article 108 – paragraph 4
Text proposed by the Commission Amendment
4. The fundamental rights officer shall 4. The fundamental rights officer shall be responsible for handling complaints be responsible for handling complaints received by the Agency in accordance with received by the Agency in accordance with the right to good administration. For this the right to good administration. For this purpose, the fundamental rights officer purpose, the fundamental rights officer shall review the admissibility of a shall review the admissibility of a complaint, register admissible complaints, complaint, register admissible complaints, forward all registered complaints to the forward all registered complaints to the executive director, forward complaints executive director and complaints concerning members of the teams to the concerning members of the teams to the home Member State, inform the relevant home Member State, including the authority or body competent for relevant authority or body competent for fundamental rights in a Member State, and fundamental rights in a Member State for
RR\1176810EN.docx 211/249 PE630.451v02-00 EN
register and ensure the follow-up by the further action in accordance with their Agency or that Member State. mandate, within a specified time. The fundamental rights officer shall also register and ensure the follow-up by the Agency or that Member State.
Amendment 468
Proposal for a regulation Article 108 – paragraph 5 – subparagraph 1
Text proposed by the Commission Amendment
In accordance with the right to good In accordance with the right to good administration, if a complaint is administration, if a complaint is admissible, complainants shall be informed admissible, complainants shall be informed that a complaint has been registered, that that a complaint has been registered, that an assessment has been initiated and that a an assessment has been initiated and that a response may be expected as soon as it response may be expected as soon as it becomes available. If a complaint is becomes available. If a complaint is forwarded to national authorities or bodies, forwarded to national authorities or bodies, the complainant shall be provided with the complainant shall be provided with their contact details. If a complaint is not their contact details. If a complaint is admissible, complainants shall be informed declared inadmissible, complainants shall of the reasons and, if possible, provided be informed of the reasons and, if possible, with further options for addressing their provided with further options for concerns. addressing their concerns. Complainants shall be granted the possibility to appeal a decision declaring the complaint inadmissible to the European Ombudsman.
Amendment 469
Proposal for a regulation Article 108 – paragraph 5 – subparagraph 2
Text proposed by the Commission Amendment
Any decision shall be in written form and Any decision shall be in written form and reasoned. reasoned. The fundamental rights officer shall reopen the case if the complainant submits new evidence in situations where the case has been deemed inadmissible.
PE630.451v02-00 212/249 RR\1176810EN.docx EN
Amendment 470
Proposal for a regulation Article 108 – paragraph 6 – subparagraph 1
Text proposed by the Commission Amendment
In the case of a registered complaint In case of a registered complaint concerning a staff member of the Agency, concerning a staff member of the Agency, the executive director shall ensure the fundamental rights officer shall ensure appropriate follow-up, in consultation with appropriate follow-up, including the fundamental rights officer, including recommending disciplinary measures to disciplinary measures as necessary. The the executive director, and referral to civil executive director shall report back within or criminal justice procedures as a determined timeframe to the fundamental necessary in accordance with this rights officer as to the findings and follow- Regulation and national law. The up made by the Agency in response to a executive director shall report back to the complaint, including disciplinary fundamental rights officer regarding the measures as necessary. implementation of disciplinary measures within a determined timeframe, and if necessary, at regular intervals thereafter. Where the executive director decides not to follow up the recommendation, he or she shall provide the reasons without delay. In the case of civil or criminal justice proceedings, the relevant Member State shall report back to the fundamental rights officer as to the findings and follow- up to a complaint within a determined timeframe, and if necessary, at regular intervals thereafter. Where the relevant Member State does not report back, the Agency shall send a letter of warning recalling the possible actions which the Agency can take if no follow-up is received to the letter.
Amendment 471
Proposal for a regulation Article 108 – paragraph 6 – subparagraph 2
Text proposed by the Commission Amendment
If a complaint is related to data protection If a complaint is related to data protection issues, the executive director shall involve issues, the executive director shall consult the data protection officer of the Agency. the Agency's data protection officer before The fundamental rights officer and the data taking his or her decision on the
RR\1176810EN.docx 213/249 PE630.451v02-00 EN
protection officer shall establish, in complaint. The fundamental rights officer writing, a memorandum of understanding and the data protection officer shall specifying their division of tasks and establish, in writing, a memorandum of cooperation as regards complaints understanding specifying their division of received. tasks and cooperation as regards complaints received.
Amendment 472
Proposal for a regulation Article 108 – paragraph 7
Text proposed by the Commission Amendment
7. If a complaint is registered that 7. In case of a registered complaint concerns a team member of a host concerning a border guard of a host Member State or a team member from Member State or a team member from other participating Member States, other participating Member States, including a seconded member of the teams including a seconded member of the teams or seconded national expert, the home or seconded national expert, the home Member State shall ensure appropriate Member State shall ensure appropriate follow-up, including disciplinary measures follow-up, including disciplinary measures as necessary or other measures in and referral to civil or criminal justice accordance with national law. The relevant procedures as necessary or other measures Member State shall report back to the in accordance with national law. The fundamental rights officer as to the relevant Member State shall report back to findings and follow-up made in response the fundamental rights officer as to the to the complaint within a determined time findings and follow-up to a complaint period, and if necessary, at regular within one year, and if necessary, at intervals thereafter. The Agency shall regular intervals thereafter. In case the follow-up the matter if no report is relevant Member State does not report received from the relevant Member State. back, the Agency shall send a letter of warning recalling the possible actions which the Agency can take if no follow-up is received to the letter. In such a case, the fundamental rights officer shall inform the management board and the relevant authority or body competent for fundamental rights in a Member State as referred to in paragraph 4. The Agency may suspend the deployment of that team member and financing of such deployment under Article 61 if the report is not received from the relevant Member State.
PE630.451v02-00 214/249 RR\1176810EN.docx EN
Amendment 473
Proposal for a regulation Article 108 – paragraph 8
Text proposed by the Commission Amendment
8. Where a team member is found to 8. Where a team member is found to have violated fundamental rights or have violated fundamental rights or international protection obligations, the international protection obligations, the Agency may request that the Member State Agency shall request that the Member remove that member immediately from the State remove that member immediately activity of the Agency or the European from the activity of the Agency or the Border and Coast Guard standing corps. European Border and Coast Guard standing corps.
Amendment 474
Proposal for a regulation Article 108 – paragraph 9
Text proposed by the Commission Amendment
9. The fundamental rights officer shall 9. The fundamental rights officer shall report to the executive director and to the in his or her annual report include management board as to the Agency's and information on the complaints Member States' findings and follow-up mechanism, including specific references made in response to complaints. The to the Agency's and Member States' Agency shall include information on the findings and follow-ups made in response complaints mechanism in its annual to complaints. report.
Amendment 475
Proposal for a regulation Article 108 – paragraph 10 – subparagraph 2
Text proposed by the Commission Amendment
The Agency shall ensure that information The Agency shall ensure that information about the possibility and procedure for about the possibility and procedure for making a complaint is readily available, making a complaint is readily available, including for vulnerable persons. The including for vulnerable persons. The standardised complaint form shall be made standardised complaint form shall be made available on the Agency's website and in available and be easily accessible on the hardcopy during all activities of the Agency's website, ensuring easy use on Agency, in languages that third-country mobile devices, and in hardcopy during all
RR\1176810EN.docx 215/249 PE630.451v02-00 EN
nationals understand or are reasonably activities of the Agency in languages that believed to understand. Complaints shall third-country nationals understand or are be considered by the fundamental rights reasonably believed to understand. The officer even when they are not submitted in Agency shall ensure that further guidance the standardised complaint form. and assistance on the complaints procedure is provided to complainants. Complaints shall be considered by the fundamental rights officer even when they are not submitted in the standardised complaint form.
Amendment 476
Proposal for a regulation Article 108 – paragraph 11 – subparagraph 1
Text proposed by the Commission Amendment
Any personal data contained in a complaint Any personal data contained in a complaint shall be handled and processed by the shall be handled and processed by the Agency including the fundamental rights Agency including the fundamental rights officer in accordance with [Regulation officer in accordance with Regulation (EU) (EC) No 45/2001] and by Member States 2018/1725 and by Member States in in accordance with Regulation (EU) accordance with Regulation (EU) 2016/679 2016/679 and Directive (EU) 2016/680. and Directive (EU) 2016/680.
Amendment 477
Proposal for a regulation Article 108 – paragraph 11 – subparagraph 2
Text proposed by the Commission Amendment
When a complainant submits a complaint, When a complainant submits a complaint, that complainant shall be understood to that complainant shall be understood to consent to the processing of his or her consent to the processing of his or her personal data by the Agency and the personal data by the Agency and the fundamental rights officer within the fundamental rights officer within the meaning of point (d) of Article 5 of meaning of point (d) of Article 5 of [Regulation (EC) No 45/2001]. Regulation (EU) 2018/1725.
Amendment 478
Proposal for a regulation Article 110 – paragraph 2
PE630.451v02-00 216/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
2. The Agency shall communicate on 2. The Agency shall communicate on matters falling within the scope of its tasks matters falling within the scope of its tasks on its own initiative. It shall make public on its own initiative. It shall make public relevant information including the annual relevant information including the annual activity report referred to in point (10) of activity report referred to in point (j) of Article 98(2) and ensure, without prejudice Article 98(2), the annual work to Article 91, in particular that the public programme, the code of conduct, the risk and any interested party are rapidly given analyses, detailed descriptions of past and objective, comprehensive, reliable and current joint operations, rapid border easily understandable information with interventions, pilot projects, migration regard to its work. It shall do so without management support teams, return revealing operational information which, if operations or return interventions, made public, would jeopardise attainment including in third countries, and working of the objective of operations. arrangements and ensure, without prejudice to Article 91, in particular that the public and any interested party are rapidly given objective, detailed, comprehensive, reliable and easily understandable information with regard to its work. It shall do so without revealing operational information which, if made public, would jeopardise attainment of the objective of operations.
Amendment 479
Proposal for a regulation Article 111 – paragraph 5 – subparagraph 1 (new)
Text proposed by the Commission Amendment
The provisional draft estimate shall be based on the detailed objectives and the expected results of the annual work programme and shall take into account the financial resources necessary to achieve those objectives and results, in accordance with the principle of performance-based budgeting.
Amendment 480
Proposal for a regulation Article 114 – paragraph 1 a (new)
RR\1176810EN.docx 217/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
The Agency shall ensure lobby transparency through a transparency register by disclosing all its meetings with third party stakeholders. The transparency register shall include all meetings and contacts of the executive director, deputy executive directors and heads of division in matters concerning procurements and tenders for services, equipment or outsourced projects and studies. The Agency shall keep a record of all meetings of its staff with third party stakeholders.
Amendment 481
Proposal for a regulation Article 116 – paragraph 1 – subparagraph 1 – introductory part
Text proposed by the Commission Amendment
By [31 May 2023] and every four years By ... [two years after the entry into force thereafter, the Commission shall carry-out of this Regulation], and every four years an evaluation of this Regulation. The thereafter, the Commission shall carry-out evaluation will assess in particular: an evaluation of this Regulation. The evaluation will assess in particular:
Amendment 482
Proposal for a regulation Article 116 – paragraph 1 – subparagraph 1 – point a
Text proposed by the Commission Amendment
(a) the results achieved by the Agency (a) the results achieved by the Agency having regard to its objectives, mandate having regard to its objectives, mandate, and tasks; tasks and compliance with the Charter of Fundamental Rights;
Amendment 483
Proposal for a regulation Article 116 – paragraph 1 – subparagraph 2
PE630.451v02-00 218/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
The evaluation shall include a specific The evaluation shall include a specific analysis on the way the Charter and other analysis on the way the Charter and other relevant Union law has been complied with relevant Union law has been complied with in the application of this Regulation. in the application of this Regulation. This analysis shall be carried out in consultation with the European Union Agency for Fundamental Rights and the consultative forum.
Amendment 484
Proposal for a regulation Article 116 – paragraph 1 – subparagraph 2 a (new)
Text proposed by the Commission Amendment
As part of the evaluation, the Commission shall provide an overall evaluation of the Agency in light of its operational performance in the field of external border management and, in particular, in carrying out border control and return tasks on behalf of the Member States or third countries.
Amendment 485
Proposal for a regulation Article 116 – paragraph 2
Text proposed by the Commission Amendment
2. The Commission shall send the 2. The Commission shall send the evaluation report together with its evaluation report together with its conclusions on the report to the European conclusions on the report without delay to Parliament, to the Council and to the the European Parliament, to the Council management board. The management and to the management board. The board may issue recommendations management board may issue regarding changes to this Regulation to the recommendations regarding changes to this Commission. The evaluation report and the Regulation to the Commission. The conclusions on the report shall be made evaluation report and the conclusions on public. The Member States and the Agency the report shall be made public. The shall provide the Commission with the Member States and the Agency shall provide the Commission with the
RR\1176810EN.docx 219/249 PE630.451v02-00 EN
information necessary to draft this report. information necessary to draft this report.
Amendment 486
Proposal for a regulation Article 116 – paragraph 3 – subparagraph 2
Text proposed by the Commission Amendment
Member States shall provide the Agency Member States shall provide the Agency with the information necessary to draft with the information necessary to draft this thatis report. report.
Amendment 487
Proposal for a regulation Article 117 – paragraph 4
Text proposed by the Commission Amendment
4. Where reference is made to this deleted paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
Amendment 488
Proposal for a regulation Article 118 – paragraph 2
Text proposed by the Commission Amendment
2. The power to adopt delegated acts 2. The power to adopt delegated acts referred to in Article 8 (4) shall be referred to in Articles 8(4) and (8) and conferred on the Commission for an Article 55(6a) shall be conferred on the undetermined period of time from [the date Commission for an undetermined period of of entry into force of this Regulation]. time from [the date of entry into force of this Regulation].
Amendment 489
Proposal for a regulation Article 118 – paragraph 3
PE630.451v02-00 220/249 RR\1176810EN.docx EN
Text proposed by the Commission Amendment
3. The delegation of power referred to 3. The delegation of power referred to in Article 8 (4) may be revoked at any time in Articles 8(4) and (8) and Article 55(6a) by the European Parliament or by the may be revoked at any time by the Council. A decision to revoke shall put an European Parliament or by the Council. A end to the delegation of the power decision to revoke shall put an end to the specified in that decision. It shall take delegation of the power specified in that effect the day following the publication of decision. It shall take effect the day the decision in the Official Journal of the following the publication of the decision in European Union or at a later date specified the Official Journal of the European Union therein. It shall not affect the validity of or at a later date specified therein. It shall any delegated acts already in force. not affect the validity of any delegated acts already in force.
Amendment 490
Proposal for a regulation Article 118 – paragraph 6
Text proposed by the Commission Amendment
6. A delegated act adopted pursuant to 6. A delegated act adopted pursuant to Article 8(4) shall enter into force only if no Articles 8(4) and (8) and Article 55(6a) objection has been expressed either by the shall enter into force only if no objection European Parliament or the Council within has been expressed either by the European a period of two months of notification of Parliament or the Council within a period that act to the European Parliament and the of two months of notification of that act to Council or if, before the expiry of that the European Parliament and the Council period, the European Parliament and the or if, before the expiry of that period, the Council have both informed the European Parliament and the Council have Commission that they will not object. That both informed the Commission that they period shall be extended by two months at will not object. That period shall be the initiative of the European Parliament or extended by two months at the initiative of of the Council. the European Parliament or of the Council.
Amendment 491
Proposal for a regulation Article 119 – paragraph 2
Text proposed by the Commission Amendment
2. Regulation (EU) 2016/1624 is 2. Regulation (EU) 2016/1624 is repealed with the exception of Articles 20, repealed with the exception of Articles 20, 30 and 31 thereof which are repealed with 29, 30 and 31 thereof which are repealed
RR\1176810EN.docx 221/249 PE630.451v02-00 EN
effect from 1 January 2020. with effect from [two years after the entry into force of this Regulation].
Amendment 492
Proposal for a regulation Article 119 – paragraph 3
Text proposed by the Commission Amendment
3. Joint Action 98/700/JHA is 3. Joint Action 98/700/JHA is repealed with effect from the date of the repealed with effect from the date of the effective implementation of the system effective implementation of the system referred to in Article 80, to be decided by referred to in Article 80, to be decided by an implementing act adopted in accordance an implementing act adopted by ... [one with the procedures referred to in the year after the entry into force of this Article 117. Regulation] in accordance with the procedures referred to in the Article 117.
Amendment 493
Proposal for a regulation Article 120 – paragraph 5
Text proposed by the Commission Amendment
5. Deployments in accordance with 5. Deployments in accordance with Article 55 to 58 shall take place as of 1 Articles 55 to 58a shall take place as soon January 2020. as the first operational staff are recruited or seconded to the Agency in line with the deadlines laid down in Annex I to this Regulation.
Amendment 494
Proposal for a regulation Annex I – paragraph 1
Text proposed by the Commission Amendment
Composition of the European Border and Composition of the European Border and Coast Guard standing corps per year and Coast Guard standing corps per year and category in accordance with Article XX category in accordance with Articles 55 to 58a.
PE630.451v02-00 222/249 RR\1176810EN.docx EN
Amendment 495
Proposal for a regulation Annex I – table
Text proposed by the Commission
Category Category 1 Category 2 Category 3 Total for the Year Agency Operational Operational European Staff staff for long staff for Border and term short term Coast Guard secondments deployments standing Corps 2020 1500 1500 7000 10000 2021 2000 2000 6000 10000 2022 2000 2000 6000 10000 2023 2500 2500 5000 10000 2024 2500 2500 5000 10000 2025 3000 3000 4000 10000 2026 3000 3000 4000 10000 2027 3000 3000 4000 10000
Amendment
Category Category Category Category Category Total for Year 1 Agency 2 3 4 Rapid the staff Operatio Operatio reaction European nal staff nal staff pool Border for long- for short- and term term Coast secondm deploym Guard ents ents standing corps [Year of 750 750 2.000 1.500 5.000 Entry into Force +2] [Year of 1.000 1.000 2.500 1.500 6.000 Entry into Force
RR\1176810EN.docx 223/249 PE630.451v02-00 EN
+3] [Year of 1.500 1.500 2.500 3.000 8.500 Entry into Force +4] [Year of 2.000 2.000 3.000 3.000 10.000 Entry into Force +5]
Amendment 496
Proposal for a regulation Annex II – point 5
Text proposed by the Commission Amendment
5. issuing or refusing of visas at the deleted border in accordance with Article 35 of the Visa Code and introduce the relevant data in VIS;
Amendment 497
Proposal for a regulation Annex III – table
Text proposed by the Commission
Country / 2020 2021 2022 2023 2024 2025 2026 2027 Year Belgium 30 40 40 50 50 60 60 60 Bulgaria 40 53 53 67 67 80 80 80 Czech 20 27 27 33 33 40 40 40 Republic Denmark 29 39 39 48 48 58 58 58 Germany 225 298 298 377 377 450 450 450 Estonia 18 24 24 30 30 36 36 36 Greece 50 67 67 83 83 100 100 100 Spain 111 148 148 185 185 222 222 222 France 170 225 225 285 285 340 340 340
PE630.451v02-00 224/249 RR\1176810EN.docx EN
Croatia 65 87 87 108 108 130 130 130 Italy 125 167 167 208 208 250 250 250 Cyprus 8 11 11 13 13 16 16 16 Latvia 30 40 40 50 50 60 60 60 Lithuania 39 52 52 65 65 78 78 78 Luxembourg 8 11 11 13 13 16 16 16 Hungary 65 87 87 108 108 130 130 130 Malta 6 8 8 10 10 12 12 12 Netherlands 50 67 67 83 83 100 100 100 Austria 34 45 45 57 57 68 68 68 Poland 100 133 133 167 167 200 200 200 Portugal 47 63 63 78 78 94 94 94 Romania 75 100 100 125 125 150 150 150 Slovenia 35 47 47 58 58 70 70 70 Slovakia 35 47 47 58 58 70 70 70 Finland 30 40 40 50 50 60 60 60 Sweden 17 23 23 28 28 34 34 34 [Switzerland] 16 21 21 27 27 32 32 32 [Iceland] 2 3 3 3 3 4 4 4 [Liechtenstein 0 0 0 0 0 0 0 0 ]* [Norway] 20 27 27 33 33 40 40 40 TOTAL 1500 2000 2000 2500 2500 3000 3000 3000 (*) Liechtenstein will contribute through proportional financial support
Amendment
Country / Year [Year of Entry [Year of Entry into [Year of Entry into [Year of Entry into into Force +2] Force +3] Force +4] Force +5] Belgium 15 20 30 40 Bulgaria 20 27 40 53 Czech Republic 10 13 20 27 Denmark 14 19 29 39 Germany 113 151 225 298 Estonia 9 12 18 24 Greece 25 33 50 67 Spain 56 75 111 148 France 85 113 170 225 Croatia 33 44 65 87 Italy 63 84 125 167 Cyprus 4 5 8 11
RR\1176810EN.docx 225/249 PE630.451v02-00 EN
Latvia 15 20 30 40 Lithuania 19 25 39 52 Luxembourg 4 5 8 11 Hungary 33 44 65 87 Malta 3 3 6 8 Netherlands 25 33 50 67 Austria 17 23 34 45 Poland 50 67 100 133 Portugal 23 31 47 63 Romania 38 51 75 100 Slovenia 17 23 35 47 Slovakia 17 23 35 47 Finland 15 20 30 40 Sweden 8 11 17 23 [Switzerland] 8 11 16 21 [Iceland] 1 1 2 3 [Liechtenstein]* 0 0 0 0 [Norway] 10 13 20 27 TOTAL 750 1.000 1.500 2.000 (*) Liechtenstein will contribute through proportional financial support
Amendment 498
Proposal for a regulation Annex IV – table
Text proposed by the Commission
Country / Year 2020 2021 2022 2023 2024 2025 2026 2027 Belgium 140 120 120 100 100 80 80 80 Bulgaria 187 160 160 133 133 107 107 107 Czech 93 80 80 67 67 53 53 53 Republic Denmark 135 116 116 97 97 77 77 77 Germany 1052 900 900 748 748 602 602 602 Estonia 84 72 72 60 60 48 48 48 Greece 233 200 200 167 167 133 133 133 Spain 518 444 444 370 370 296 296 296 France 795 680 680 565 565 455 455 455 Croatia 303 260 260 217 217 173 173 173
PE630.451v02-00 226/249 RR\1176810EN.docx EN
Italy 583 500 500 417 417 333 333 333 Cyprus 37 32 32 27 27 21 21 21 Latvia 140 120 120 100 100 80 80 80 Lithuania 182 156 156 130 130 104 104 104 Luxembourg 37 32 32 27 27 21 21 21 Hungary 303 260 260 217 217 173 173 173 Malta 28 24 24 20 20 16 16 16 Netherlands 233 200 200 167 167 133 133 133 Austria 159 136 136 113 113 91 91 91 Poland 467 400 400 333 333 267 267 267 Portugal 219 188 188 157 157 125 125 125 Romania 350 300 300 250 250 200 200 200 Slovenia 163 140 140 117 117 93 93 93 Slovakia 163 140 140 117 117 93 93 93 Finland 140 120 120 100 100 80 80 80 Sweden 79 68 68 57 57 45 45 45 [Switzerland] 75 64 64 53 53 43 43 43 [Iceland] 9 8 8 7 7 5 5 5 [Liechtenstein] 0 0 0 0 0 0 0 0 * [Norway] 93 80 80 67 67 53 53 53 TOTAL 7000 6000 6000 5000 5000 4000 4000 4000 (*) Liechtenstein will contribute through proportional financial support
Amendment
Country / Year [Year of Entry [Year of Entry into [Year of Entry into [Year of Entry into into Force +2] Force +3] Force +4] Force +5] Belgium 40 50 50 70 Bulgaria 53 67 67 93 Czech Republic 27 33 33 47 Denmark 39 48 48 68 Germany 298 377 377 522 Estonia 24 30 30 42 Greece 67 83 83 117 Spain 148 185 185 259 France 225 285 285 394 Croatia 87 108 108 153 Italy 167 208 208 292 Cyprus 11 13 13 19 Latvia 40 50 50 70
RR\1176810EN.docx 227/249 PE630.451v02-00 EN
Lithuania 52 65 65 91 Luxembourg 11 13 13 19 Hungary 87 108 108 153 Malta 8 10 10 14 Netherlands 67 83 83 117 Austria 45 57 57 79 Poland 133 167 167 233 Portugal 63 78 78 110 Romania 100 125 125 175 Slovenia 47 58 58 82 Slovakia 47 58 58 82 Finland 40 50 50 70 Sweden 23 28 28 40 [Switzerland] 21 27 27 37 [Iceland] 3 3 3 5 [Liechtenstein]* 0 0 0 0 [Norway] 27 33 33 47 TOTAL 2.000 2.500 2.500 3.000 (*) Liechtenstein will contribute through proportional financial support
Amendment 499
Proposal for a regulation Annex V – part 1 – paragraph 2 a (new)
Text proposed by the Commission Amendment
When establishing an operational plan, the host Member State may limit the possibility of statutory staff to bear firearm weapons in accordance with national law or operating procedures during operations.
Amendment 500
Proposal for a regulation Annex V – part 1 – paragraph 4
Text proposed by the Commission Amendment
Whenever the lawful use of force or Whenever the lawful use of force or firearms is unavoidable, the Agency's firearms is unavoidable, the Agency's
PE630.451v02-00 228/249 RR\1176810EN.docx EN
statutory operational staff shall act in statutory operational staff shall act in proportion to the seriousness of the offence proportion to the seriousness of the offence and the legitimate objective to be achieved. and the legitimate objective to be achieved. During operational activities, the During operational activities, the proportionality principle should guide both proportionality principle should guide both the nature of force used (e.g. the need for the nature of force used (e.g. the need for use of weapons) as well as the extent of use of weapons) as well as the extent of force applied. The Agency's statutory force applied. The Agency's statutory operational staff shall not use more force operational staff shall not use more force than is absolutely necessary to achieve the than is absolutely necessary to achieve the legitimate law enforcement objective. If a legitimate law enforcement objective. If a firearm is used, the Agency’s statutory firearm is used, the Agency’s statutory operational staff shall ensure that such use operational staff shall ensure that such use causes the least possible injuries and causes the least possible injuries and minimizes injury or damage to the greatest minimises injury or damage to the greatest possible extent. The principle requires the possible extent. If the measures lead to an Agency to provide equipment and self- unacceptable result, the operational staff defensive tools for its statutory staff shall waive the measure. The principle necessary to enable the appropriate level of requires the Agency to provide equipment force to be applied. and self-defensive tools for its statutory staff necessary to enable the appropriate level of force to be applied.
Amendment 501
Proposal for a regulation Annex V – part 1 – paragraph 5
Text proposed by the Commission Amendment
Operational activities carried out by the Operational activities carried out by the Agency’s statutory operational staff shall Agency’s statutory operational staff shall fully respect and aim to preserve human fully respect and aim to preserve human life. All necessary steps that can minimise life and human dignity. All necessary the risk of injury and damage during steps that can minimise the risk of injury operations shall be done. This obligation and damage during operations shall be includes a general obligation for the done. This obligation includes a general Agency's statutory operational staff to obligation for the Agency's statutory provide clear warnings of the intention to operational staff to provide clear warnings use force unless provision of such a of the intention to use force unless warning would unduly place the members provision of such a warning would unduly of the teams at risk or would create a risk place the members of the teams at risk or of death or serious harm to others, or would create a risk of death or serious would be clearly inappropriate or harm to others, or would be clearly ineffective in the particular circumstances. inappropriate or ineffective in the particular circumstances.
RR\1176810EN.docx 229/249 PE630.451v02-00 EN
Amendment 502
Proposal for a regulation Annex V – part 2 – indent 1
Text proposed by the Commission Amendment
– Shall only be placed on persons – Shall only be placed on persons who are considered to represent a danger to who are considered to represent a danger to themselves or to others to ensure their safe themselves or to others to ensure their safe detention or transportation and the safety detention or transportation and the safety of the Agency’s statutory operational staff of the Agency’s statutory operational staff and other team members. and other team members. They may only be used for the shortest time possible and only when strictly necessary.
Amendment 503
Proposal for a regulation Annex V – part 3 – paragraph 2
Text proposed by the Commission Amendment
The training provided in accordance with The training provided in accordance with Article 62(2) shall cover theoretical and Article 62(2) shall cover theoretical and practical aspects in relation to the practical aspects in relation to the prevention and the use of force. The prevention and the use of force. The theoretical training shall incorporate theoretical training shall incorporate psychological training (including training psychological training (including training in resilience and working in situations of in resilience and working in situations of high pressure), as well as techniques to high pressure), as well as techniques to prevent the use of force, such as prevent the use of force, such as negotiation and mediation. The theoretical negotiation and mediation. The theoretical training shall be followed by an obligatory training shall be followed by an obligatory and adequate theoretical and practical and adequate theoretical and practical training on the use of force, weapons, training on the use of force, weapons, ammunition and equipment. The practical ammunition and equipment and on training, to ensure a common practical applicable fundamental rights safeguards. understanding and approach, shall be The practical training, to ensure a common concluded, by a simulation relevant for the practical understanding and approach, shall activities to be carried out during the be concluded, by a simulation relevant for deployment. the activities to be carried out during the deployment and shall include a practical simulation involving the operationalisation of fundamental rights safeguards.
PE630.451v02-00 230/249 RR\1176810EN.docx EN
Amendment 504
Proposal for a regulation Annex V – part 3 – paragraph 2 a (new)
Text proposed by the Commission Amendment
The Agency shall provide statutory staff with ongoing training on the use of force. This training shall take place annually as per the training provided for in Article 62(2). In order for the statutory staff to be allowed to carry service weapons and to use force, they shall be required to have successfully completed the annual ongoing training. The annual ongoing training shall cover theoretical and practical aspects as described above. The annual ongoing training shall last at least 24 hours in total, with the theoretical training taking at least 8 hours and the practical training taking at least 16 hours. The practical training shall be divided into at least 8 hours for physical training, using physical restraint techniques, and at least 8 hours for the use of firearms.
Amendment 505
Proposal for a regulation Annex V – part 3 – paragraph 8
Text proposed by the Commission Amendment
Any person may report suspected breaches Any person may report suspected breaches by the Agency's statutory operational staff by the Agency's statutory operational staff of the rules on the use of force applicable of the rules on the use of force applicable under this Annex under the complaint under this Annex under the complaint mechanism provided for in Article 107. mechanism provided for in Article 108.
Amendment 506
Proposal for a regulation Annex V – part 3 – paragraph 10
RR\1176810EN.docx 231/249 PE630.451v02-00 EN
Text proposed by the Commission Amendment
The Fundamental Rights Officer shall The Fundamental Rights Officer shall verify and provide feedback on the content verify and provide feedback on the content of the inception and refreshment training of the inception and refreshment training with special regards to their fundamental with special regards to their fundamental rights aspects and the situation where the rights aspects and their operationalisation use of force is necessary, and ensure in the situation where the use of force is relevant preventive techniques are necessary, and ensure relevant preventive included. techniques are included.
Amendment 507
Proposal for a regulation Annex V – part 3 – paragraph 11
Text proposed by the Commission Amendment
The Fundamental Rights Officer shall The Fundamental Rights Officer shall report on the respect of fundamental rights report on the respect of fundamental rights in law enforcement practice in the host in law enforcement practice in the host Member State. This report shall be Member State or third country. This report submitted to the Executive director and shall be submitted to the consultative shall be taken into account while designing forum and Executive director and shall be the operational plan. taken into account while designing the operational plan.
Amendment 508
Proposal for a regulation Annex V – part 3 – paragraph 12
Text proposed by the Commission Amendment
The Fundamental Rights Officer shall The Fundamental Rights Officer shall ensure that an incidents related to the use ensure that incidents related to the use of of force, use of weapons, ammunition and force, use of weapons, ammunition and equipment shall be reported without delay equipment shall be thoroughly to the Executive Director. investigated and reported without delay to the consultative forum and the Executive Director.
Amendment 509
Proposal for a regulation
PE630.451v02-00 232/249 RR\1176810EN.docx EN
Annex V – part 4 – paragraph 2
Text proposed by the Commission Amendment
The personal equipment set shall be used The personal equipment set shall be used by all the Agency’s statutory operational by all the Agency’s statutory operational staff deployed as team members of the staff deployed as team members of the four three types of teams deployed from the types of teams deployed from the European European Border and Coast Guard standing Border and Coast Guard standing corps. corps. The Agency may also complement The Agency may also complement the the personal equipment set by additional personal equipment set by additional weapon, ammunition or other equipment weapon, ammunition or other equipment specific for the purpose of carrying specific specific for the purpose of carrying specific tasks within one or two types of teams. tasks within one or two types of teams.
Amendment 510
Proposal for a regulation Annex V – part 4 – paragraph 6
Text proposed by the Commission Amendment
Weapons, ammunition and equipment can Weapons, ammunition and equipment can be carried and used during operations. be carried during operations and may be Carrying or using them off duty periods is used only as measures of last resort. not allowed. The Agency shall establish Carrying or using them off duty periods is specific rules and measures to facilitate the not allowed. The Agency shall establish storage of weapons, ammunition and other specific rules and measures to facilitate the equipment of the Agency’s statutory storage of weapons, ammunition and other operational staff during off duty periods in equipment of the Agency’s statutory secured facilities. operational staff during off duty periods in secured facilities.
Amendment 511
Proposal for a regulation Annex V a (new)
Text proposed by the Commission
Amendment
Country / Year [Year of Entry [Year of Entry into [Year of Entry into [Year of Entry into into Force +2] Force +3] Force +4] Force +5] Belgium 30 30 60 60
RR\1176810EN.docx 233/249 PE630.451v02-00 EN
Bulgaria 40 40 80 80 Czech Republic 20 20 40 40 Denmark 29 29 58 58 Germany 225 225 450 450 Estonia 18 18 36 36 Greece 50 50 100 100 Spain 111 111 222 222 France 170 170 340 340 Croatia 65 65 130 130 Italy 125 125 250 250 Cyprus 8 8 16 16 Latvia 30 30 60 60 Lithuania 39 39 78 78 Luxembourg 8 8 16 16 Hungary 65 65 130 130 Malta 6 6 12 12 Netherlands 50 50 100 100 Austria 34 34 68 68 Poland 100 100 200 200 Portugal 47 47 94 94 Romania 75 75 150 150 Slovenia 35 35 70 70 Slovakia 35 35 70 70 Finland 30 30 60 60 Sweden 17 17 34 34 [Switzerland] 16 16 32 32 [Iceland] 2 2 4 4 [Liechtenstein]* [Norway] 20 20 40 40 TOTAL 1500 1500 3000 3000 (*) Liechtenstein will contribute through proportional financial support
PE630.451v02-00 234/249 RR\1176810EN.docx EN
EXPLANATORY STATEMENT
Introduction
Two years ago, Frontex was expanded to become the European Border and Coast Guard (EBCG) Agency that it is today. The Agency’s new mandate and its increased resources are a clear and strong response to the challenges faced at the EU’s external borders. These challenges were a result of the migration crisis, but also related to the difficulty in encouraging greater solidarity among Member States, to strengthening exchange of information between Member States and cooperation of law enforcement in the fight against cross-border crime and terrorism.
The establishment of the EBCG in 2016 has led to significant progress being achieved in the past 2 years. However, the reliance on voluntary Member State contributions of staff and equipment has resulted in persistent gaps that have affected the efficiency of the Agency’s joint operations. The need for a more effective control of the EU's external borders is clear. The role of the EBCG must be further strengthened through increased resources and an enhanced mandate. Europe needs to be able to effectively manage its external borders, ensure that returns are effected more efficiently and provide for an enhanced security within the Union.
The EBCG proposal addresses the need to ensure the proper control of the Schengen external borders as a precondition to manage migration effectively, to ensure high level of security within the system while safeguarding free movement of persons within the Union. While we must have the strongest respect for Member States’ sovereignty and competence at all times, the necessary operational support has to be provided to ensure that EU solidarity is effectively delivered whenever it is needed.
In preparation of the report and to complement the Parliament`s work a request for an opinion of the Fundamental Rights Agency and the European Data Protection Supervisor was made.
Background
The idea behind Frontex was to improve the integrated management of the external borders and the implementation of the common rules to promote, coordinate and develop the concept of European border management.
The mandate of Frontex has been revised three times. Regulation 863/2007 introduced the concept of rapid border interventions and Regulation 1168/2011 highlighted the responsibility of Frontex to protect fundamental rights.
Regulation 1052/2013 established the European Border Surveillance System (EUROSUR), which is managed by Frontex. In addition Regulation 656/2014 established rules for the surveillance of the external sea borders in the context of sea operations coordinated by the Agency.
In 2015, the proposed Regulation 2016/1624 aimed at setting up the EBCG in order to ensure a European integrated border management of the EU’s external borders, with a view to
RR\1176810EN.docx 235/249 PE630.451v02-00 EN
managing migration effectively and ensuring a high level of security within the Union, while safeguarding the free movement of persons therein.
Moreover, the European Parliament Resolution of 30 May 2018 on the annual report on the functioning of the Schengen area underlined the need for a prompt introduction of the full European Integrated Border Management (IBM) strategy. This was agreed between the EU Institutions, leading to technical and operational strategies by the EBCG and the Member States. The European Parliament expressed its concern over inconsistencies in the implementation of the IBM Strategy in the Member States and stressed that the full execution of the IBM Strategy in all Member States is vital for the functioning of the Schengen area.
Currently, the Agency is a cornerstone of the EU’s efforts to guarantee an area of freedom, security and justice. To help safeguard Europe’s internal security, Frontex has started conducting regular vulnerability tests in all EU Member States, and has already shared its first findings with national authorities and EU institutions. Through its return operations, the Agency is also playing a central role in migration enforcement, while at the same time fundamental rights protection is strengthened in areas ranging from operational guidance to return monitoring. The EBCG can already carry out deployments and joint operations on the territory of neighbouring non-EU countries, subject to the prior conclusion of a status agreement between the EU and the country concerned.
The proposal on reinforcing the EBCG
The Commission proposes a number of changes to the EBCG, in particular by providing the Agency with its own operational arm: a EBCG standing corps of 10.000 operational staff with executive powers for its activities to effectively support Member States. The EBCG standing corps will not only constitute a quantitative increase but it will provide for the necessary capabilities to intervene when needed to protect the EU external borders, prevent secondary movements and effectively implement returns of irregular migrants.
The Commission proposal aims at structuring the political steering of the European Integrated Border Management by establishing a policy cycle of European and national integrated border management strategies. The coordination of the planning processes of European Integrated Border Management need to better prepare border operations, define the reaction to higher impact levels and in particular possible intervention of the standing corps and other capabilities of the Agency in support of Member States. It will also improve the preparation of the capabilities of the EBCG by coordinating training and education, the acquisition of equipment in the short and longer term, including research and development.
Cooperation with third countries is another key element of European Integrated Border Management. This proposal reinforces the cooperation of the Agency with third countries with the aim of promoting European border management and return standards, to exchange information and risk analysis, to facilitate the implementation of returns with a view to increasing their efficiency and to support third countries in the area of border management and migration. This includes the deployment of the EBCG standing corps when such support is required to protect external borders and the effective management of the Union’s migration policy. Under the new proposal to further reinforce the EBCG, status agreements between the EU could also be concluded with countries beyond the EU's immediate neighbourhood.
PE630.451v02-00 236/249 RR\1176810EN.docx EN
The Commission also proposes to encompass the European Border Surveillance System (EUROSUR) in the European Border and Coast Guard proposal, to improve the functioning of EUROSUR and enlarge its scope to cover most of the components of Integrated Border Management. This means better detecting, anticipating and reacting to crises at EU external borders and in third countries.
Position of the Rapporteur
The Rapporteur welcomes and supports the proposal as a further element, that once adopted, will enhance solidarity between the Member States, reinforce integration regarding border management and contribute to preventing crisis situations at the external borders. The proposal is a response to the weaknesses identified due to the insufficient contributions of border guards or technical equipment by Member States and consequently, of the lack of flexibility in redeployment by the Agency. It is also a response to the inconsistencies recognised for the full implementation of the Integrated Border Management Strategy in the Member States, or to the fact that mechanisms that have been created were not activated by Member States. In an area of free movement without internal borders, managing the Union's external borders must be a shared responsibility among all Member States. The amendments proposed by the rapporteur aim to further strengthen the proposal by increasing the Agency's effectiveness, as well as its efficiency and accountability while respecting Member State competence.
The Rapporteur proposes a number of amendments that should enable the Agency to better achieve its enhanced objectives. It is crucial that the Agency has the necessary border guards and equipment at its disposal whenever this is needed and especially that it is able to deploy them within a short timeframe when necessary.
As regards the EBCG standing corps (Article 55), the Rapporteur is proposing the addition of a fourth category of operational staff from Member States for the sole purpose of rapid border interventions which will be placed at the immediate disposal of the Agency and which can be deployed from each Member State within five working days. The rapid reaction pool will only be utilised as a last resort and only when the type of categories 1 to 3 staff that are required for the type of operation needed that form part of the standing corps are already fully deployed. The total number of staff made available by the Member States, for category four shall amount to a 3.000.
With regards to the Integrated Border Management (IBM), (Articles 3 and 8), the Rapporteur, proposes that the multiannual strategic policy cycle for the IBM shall define the policy priorities and provide the strategic guidelines for a period of four years in relation to the sectorial and horizontal components where the European Parliament and the Council shall be involved. The Rapporteur is proposing that fundamental rights, education and training, and research and innovation shall be horizontal components that are to be present in every sectorial component during its implementation.
The Rapporteur also considers that there is no reason to move away from the agreement reached with the Council EBCG 1.0 in 2016 on the situation at the external borders requiring urgent action (Article 43).
RR\1176810EN.docx 237/249 PE630.451v02-00 EN
On costs (Article 46), the Rapporteur is proposing a more flexible payment system providing Member States the possibility to receive advance payments before they receive the annual payment for the purposes of deploying operational staff for short duration as team members from the EBCG standing corps. A pro-rata advance and annual payment will also be provided for short-term secondments of less than 4 months.
The Rapporteur considers the above-mentioned changes as being essential in addressing the shortcomings identified following the adoption of the EBCG 1.0 and to ensure that the EBCG is well-equipped, efficient and fully operational providing assistance to and effective support to the Member States for the protection of Union’s external borders.
PE630.451v02-00 238/249 RR\1176810EN.docx EN
11.12.2018
OPINION OF THE COMMITTEE ON BUDGETS
for the Committee on Civil Liberties, Justice and Home Affairs on the proposal for a regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Council Joint Action No 98/700/JHA, Regulation (EU) No 1052/2013 of the European Parliament and of the Council and Regulation (EU) No 2016/1624 of the European Parliament and of the Council (COM(2018)0631 – C8-0406/2018 – 2018/0330(COD))
Rapporteur for opinion: Jens Geier
AMENDMENTS
The Committee on Budgets calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a regulation Recital 5 a (new)
Text proposed by the Commission Amendment
(5 a) The standing corps of 10 000 operational staff should mainly consist of operational staff seconded from Member States. The Member States are responsible for making sure that the standing corps is set up and operational without any delay.
Amendment 2
Proposal for a regulation
RR\1176810EN.docx 239/249 PE630.451v02-00 EN
Recital 10
Text proposed by the Commission Amendment
(10) European Integrated Border (10) European Integrated Border Management should be implemented as a Management should be implemented as a shared responsibility of the Agency and the shared responsibility of the Agency and the national authorities responsible for border national authorities responsible for border management, including coast guards to the management, including coast guards to the extent that they carry out maritime border extent that they carry out maritime border surveillance operations and any other surveillance operations and any other border control tasks, and those responsible border control tasks, and those responsible for returns. While Member States retain the for returns. While Member States retain the primary responsibility for the management primary responsibility for the management of their external borders in their interest of their external borders in their interest and in the interest of all Member States and and in the interest of all Member States and are responsible for issuing return decisions, are responsible for issuing return decisions, the Agency should support the application the Agency should support the application of Union measures relating to the of Union measures relating to the management of the external borders and management of the external borders and returns by reinforcing, assessing and returns by reinforcing, assessing and coordinating the actions of Member States coordinating the actions of Member States which implement those measures. which implement those measures. There should be no operational overlaps between the Agency and the Member States.
Amendment 3
Proposal for a regulation Recital 91
Text proposed by the Commission Amendment
(91) In order to guarantee the autonomy (91) In order to guarantee the autonomy of the Agency, it should be granted a stand- of the Agency, it should be granted a stand- alone budget with a revenue which comes alone budget with a revenue which comes mostly from a contribution from the Union. mostly from a contribution from the Union. The Union budgetary procedure should be The Agency's budget should be prepared applicable as far as the Union contribution in accordance with the principle of and any other subsidies chargeable to the performance-based budgeting, taking into general budget of the Union are concerned. account the Agency's objectives and the The auditing of accounts should be expected results of its tasks. The Union undertaken by the Court of Auditors. budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken
PE630.451v02-00 240/249 RR\1176810EN.docx EN
by the Court of Auditors.
Amendment 4
Proposal for a regulation Article 2 – paragraph 1 – point 28
Text proposed by the Commission Amendment
(28) ‘return operation’ means an (28) ‘return operation’ means an operation that is organised or coordinated operation that is organised or coordinated by the European Border and Coast Guard by the European Border and Coast Guard Agency and involves technical and Agency and involves technical and operational reinforcement provided to one operational reinforcement provided to one or more Member States or to a third or more Member States, under which country, under which returnees from one returnees from one or more Member States or more Member States or from a third or from a third country are returned, either country are returned, either on a forced or on a forced or voluntary basis, irrespective voluntary basis, irrespective of the means of the means of transport; of transport;
Amendment 5
Proposal for a regulation Article 10 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
(1) The Agency shall perform the (1) The Agency, while avoiding following tasks with a view to contributing duplicating Member States' operational to an efficient, high and uniform level of work, shall perform the following tasks border control and return: with a view to contributing to an efficient, high and uniform level of border control and return:
Amendment 6
Proposal for a regulation Article 10 – paragraph 1 – point 23
Text proposed by the Commission Amendment
23. support third countries in the deleted coordination or organisation of return activities to other third countries, including the sharing of personal data for
RR\1176810EN.docx 241/249 PE630.451v02-00 EN
return purposes;
Amendment 7
Proposal for a regulation Article 54 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency may also launch deleted return interventions in third countries, based on the directions set out in the multiannual strategic policy cycle, where such third country requires additional technical and operational assistance with regard to its return activities. Such intervention may consist of the deployment of return teams for the purpose of providing technical and operational assistance to return activities of the third country.
Amendment 8
Proposal for a regulation Article 55 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency shall deploy members 2. The Agency shall deploy members of the European Border and Coast Guard of the European Border and Coast Guard standing corps as members of the border standing corps as members of the border management teams, migration management management teams, migration management support teams, return teams in joint support teams, return teams in joint operations, rapid border interventions or operations, rapid border interventions or return interventions or any other relevant return interventions or any other relevant operational activities in the Member States operational activities in the Member States or in third countries. or in third countries. The Agency and the relevant Member State should make sure no operational overlaps are created.
PE630.451v02-00 242/249 RR\1176810EN.docx EN
Amendment 9
Proposal for a regulation Article 78 – paragraph 3
Text proposed by the Commission Amendment
3. The tasks of the Agency's liaison 3. The tasks of the Agency's liaison officers shall include, in compliance with officers shall include, in compliance with Union law and respecting fundamental Union law and respecting fundamental rights, establishing and maintaining rights, establishing and maintaining contacts with the competent authorities of contacts with the competent authorities of the third country to which they are the third country to which they are assigned with a view to contributing to the assigned with a view to contributing to the prevention of and fight against illegal prevention of and fight against illegal immigration and the return of returnees, immigration and the return of returnees, including by providing technical assistance including by providing technical assistance in identification of third-country nationals in identification of third-country nationals and the acquisition of travel documents. and the acquisition of travel documents. Those liaison officers shall coordinate Those liaison officers shall coordinate closely with Union delegations and, where closely with Union delegations and, where relevant, CSDP missions and operations. relevant, CSDP missions and operations. They shall, wherever possible, have their offices in the same building.
Amendment 10
Proposal for a regulation Article 99 – paragraph 1
Text proposed by the Commission Amendment
1. Without prejudice to paragraph 3, 1. Without prejudice to paragraph 3, the management board shall be composed the management board shall be composed of one representative of each Member State of one representative of each Member and two representatives of the State, two representatives of the Commission, all with a right to vote. To Commission and one member appointed this effect, each Member State shall by the European Parliament, all with a appoint a member of the management right to vote. To this effect, each Member board as well as an alternate who will State shall appoint a member of the represent the member in his or her absence. management board as well as an alternate The Commission shall appoint two who will represent the member in his or members and their alternates. The duration her absence. The Commission shall appoint of the terms of office shall be four years. two members and their alternates. The The terms of office shall be extendable. duration of the terms of office shall be four years. The terms of office shall be extendable.
RR\1176810EN.docx 243/249 PE630.451v02-00 EN
Amendment 11
Proposal for a regulation Article 100 – paragraph 1
Text proposed by the Commission Amendment
1. The management board shall, by 30 1. The management board shall, by 30 November each year, adopt a final November each year, and taking into programming document containing inter account the recommendations of the alia the Agency's multiannual Inter-Institutional Working Group on programming and annual programming for agencies' resources, adopt a final the following year, based on a draft put programming document containing inter forward by the executive director and alia the Agency's multiannual endorsed by the management board. The programming and annual programming for final programming document shall be the following year, based on a draft put adopted after a positive opinion of the forward by the executive director and Commission, as regards the multiannual endorsed by the management board. The programming, after having consulted the final programming document shall be European Parliament. If the Agency adopted after a positive opinion of the decides not to take into account elements Commission, as regards the multiannual of the opinion of the Commission, it shall programming, after having consulted the provide a thorough justification. The European Parliament. If the Agency management board shall forward the decides not to take into account elements document to the European Parliament, to of the opinion of the Commission or the the Council and to the Commission. European Parliament, it shall provide a thorough justification. The management board shall forward the document to the European Parliament, to the Council and to the Commission.
Amendment 12
Proposal for a regulation Article 111 – paragraph 5 – subparagraph 1 a (new)
Text proposed by the Commission Amendment
The provisional draft estimate shall be based on the detailed objectives and the expected results of the annual work programme and shall take into account the financial resources necessary to achieve those objectives and results, in accordance with the principle of performance-based budgeting.
PE630.451v02-00 244/249 RR\1176810EN.docx EN
RR\1176810EN.docx 245/249 PE630.451v02-00 EN
PROCEDURE – COMMITTEE ASKED FOR OPINION
Title European Border and Coast Guard References COM(2018)0631 – C8-0406/2018 – 2018/0330(COD) Committee responsible LIBE Date announced in plenary 22.10.2018
Opinion by BUDG Date announced in plenary 22.10.2018
Rapporteur Jens Geier Date appointed 9.10.2018 Discussed in committee 21.11.2018 Date adopted 10.12.2018
Result of final vote +: 21 –: 5 0: 1
Members present for the final vote Jean Arthuis, Richard Ashworth, Lefteris Christoforou, Manuel dos Santos, André Elissen, José Manuel Fernandes, Eider Gardiazabal Rubial, Jens Geier, Ingeborg Gräßle, John Howarth, Siegfried Mureşan, Liadh Ní Riada, Jan Olbrycht, Pina Picierno, Paul Rübig, Petri Sarvamaa, Jordi Solé, Patricija Šulin, Indrek Tarand, Monika Vana, Daniele Viotti, Marco Zanni Substitutes present for the final vote Xabier Benito Ziluaga, Karine Gloanec Maurin, Marco Valli Substitutes under Rule 200(2) present Clara Eugenia Aguilera García, Claudia Schmidt for the final vote
PE630.451v02-00 246/249 RR\1176810EN.docx EN
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
21 +
ALDE Jean Arthuis
PPE Richard Ashworth, Lefteris Christoforou, José Manuel Fernandes, Ingeborg Gräßle, Siegfried Mureşan, Jan Olbrycht, Petri Sarvamaa, Claudia Schmidt, Patricija Šulin
S&D Clara Eugenia Aguilera García, Eider Gardiazabal Rubial, Jens Geier, Karine Gloanec Maurin, John Howarth, Pina Picierno, Manuel dos Santos, Daniele Viotti
VERTS/ALE Jordi Solé, Indrek Tarand, Monika Vana
5 -
EFDD Marco Valli
ENF André Elissen, Marco Zanni
GUE/NGL Xabier Benito Ziluaga, Liadh Ní Riada
1 0
PPE Paul Rübig
Key to symbols: + : in favour - : against 0 : abstention
RR\1176810EN.docx 247/249 PE630.451v02-00 EN
PROCEDURE – COMMITTEE RESPONSIBLE
Title European Border and Coast Guard References COM(2018)0631 – C8-0406/2018 – 2018/0330(COD) Date submitted to Parliament 12.9.2018 Committee responsible LIBE Date announced in plenary 22.10.2018 Committees asked for opinions AFET BUDG PECH Date announced in plenary 22.10.2018 22.10.2018 22.10.2018 Not delivering opinions AFET PECH Date of decision 9.10.2018 17.9.2018 Rapporteurs Roberta Metsola Date appointed 10.10.2018 Discussed in committee 15.10.2018 26.11.2018 11.2.2019 Date adopted 11.2.2019
Result of final vote +: 35 –: 9 0: 8
Members present for the final vote Asim Ademov, Gerard Batten, Heinz K. Becker, Monika Beňová, Malin Björk, Caterina Chinnici, Agustín Díaz de Mera García Consuegra, Cornelia Ernst, Romeo Franz, Nathalie Griesbeck, Sylvie Guillaume, Jussi Halla-aho, Monika Hohlmeier, Sophia in ‘t Veld, Eva Joly, Dietmar Köster, Barbara Kudrycka, Cécile Kashetu Kyenge, Juan Fernando López Aguilar, Monica Macovei, Roberta Metsola, Louis Michel, Claude Moraes, Judith Sargentini, Giancarlo Scottà, Birgit Sippel, Csaba Sógor, Sergei Stanishev, Marie-Christine Vergiat, Harald Vilimsky, Josef Weidenholzer, Cecilia Wikström, Tomáš Zdechovský Substitutes present for the final vote Marina Albiol Guzmán, Carlos Coelho, Pál Csáky, Gérard Deprez, Maria Grapini, Teresa Jiménez-Becerril Barrio, Marek Jurek, Ska Keller, Jeroen Lenaers, Innocenzo Leontini, Andrejs Mamikins, Emilian Pavel, Emil Radev, Christine Revault d’Allonnes Bonnefoy, Róża Gräfin von Thun und Hohenstein, Maria Gabriela Zoană Substitutes under Rule 200(2) present Lukas Mandl, Georg Mayer, Julia Pitera for the final vote Date tabled 12.2.2019
PE630.451v02-00 248/249 RR\1176810EN.docx EN
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
35 +
ALDE Gérard Deprez, Nathalie Griesbeck, Louis Michel, Cecilia Wikström
ECR Monica Macovei
PPE Asim Ademov, Heinz K. Becker, Carlos Coelho, Pál Csáky, Agustín Díaz de Mera García Consuegra, Monika Hohlmeier, Teresa Jiménez-Becerril Barrio, Barbara Kudrycka, Jeroen Lenaers, Lukas Mandl, Roberta Metsola, Julia Pitera, Emil Radev, Csaba Sógor, Róża Gräfin von Thun und Hohenstein, Tomáš Zdechovský
S&D Monika Beňová, Caterina Chinnici, Maria Grapini, Sylvie Guillaume, Cécile Kashetu Kyenge, Juan Fernando López Aguilar, Andrejs Mamikins, Claude Moraes, Emilian Pavel, Christine Revault d'Allonnes Bonnefoy, Birgit Sippel, Sergei Stanishev, Josef Weidenholzer, Maria Gabriela Zoană
9 -
ECR Jussi Halla-aho, Marek Jurek, Innocenzo Leontini
ENF Giancarlo Scottà
GUE/NGL Marina Albiol Guzmán, Malin Björk, Cornelia Ernst, Marie-Christine Vergiat
S&D Dietmar Köster
8 0
ALDE Sophia in 't Veld
ENF Gerard Batten, Georg Mayer, Harald Vilimsky
VERTS/ALE Romeo Franz, Eva Joly, Ska Keller, Judith Sargentini
Key to symbols: + : in favour - : against 0 : abstention
RR\1176810EN.docx 249/249 PE630.451v02-00 EN