European Parliament 2014-2019
Plenary sitting
A8-0200/2016
3.6.2016
***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 Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC (COM(2015)0671 – C8-0408/2015 – 2015/0310(COD))
Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Artis Pabriks
RR\1097326EN.doc PE578.803v02-00
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.
PE578.803v02-00 2/193 RR\1097326EN.doc EN CONTENTS
Page
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION ...... 5
EXPLANATORY STATEMENT ...... 127
OPINION OF THE COMMITTEE ON FOREIGN AFFAIRS ...... 131
OPINION OF THE COMMITTEE ON BUDGETS ...... 174
OPINION OF THE COMMITTEE ON FISHERIES ...... 184
PROCEDURE – COMMITTEE RESPONSIBLE ...... 192
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE ...... 193
RR\1097326EN.doc 3/193 PE578.803v02-00 EN PE578.803v02-00 4/193 RR\1097326EN.doc 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 Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC (COM(2015)0671 – C8-0408/2015 – 2015/0310(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2015)0671),
– having regard to Article 294(2), and Article 77(2)(b) and (d) and Article 79(2)(c) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0408/2015),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– 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 opinions of the Committee on Foreign Affairs, the Committee on Budgets and the Committee on Fisheries (A8-0200/2016),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation Recital 1
Text proposed by the Commission Amendment
(1) On 25 and 26 June 2015,12 the (1) On 25 and 26 June 2015,12 the European Council called for wider efforts European Council called for wider efforts in resolving the migrant crisis in a in resolving the unprecedented migratory comprehensive manner, including through flows in a comprehensive manner, the reinforcement of the management of including through the reinforcement of the borders to better manage growing mixed management of borders to better manage migratory flows. Furthermore, on 23 growing mixed migratory flows. September 2015, 13 the European Council Furthermore, on 23 September 2015,13 the
RR\1097326EN.doc 5/193 PE578.803v02-00 EN stressed the need to tackle the dramatic European Council stressed the need to situation at the external borders as well as tackle the dramatic situation at the external to strengthen the controls at those borders, borders as well as to strengthen the notably through additional resources for controls at those borders, notably through the European Agency for the Management additional resources for the European of Operational Cooperation at the External Agency for the Management of Borders of the Member States of the Operational Cooperation at the External European Union, the European Asylum Borders of the Member States of the Support Office and Europol, with human European Union, the European Asylum resources and technical contributions from Support Office and Europol, with human Member States. resources and technical contributions from Member States. ______12 Meeting of the European Council, 12 Meeting of the European Council, Conclusions of 25 and 26 June 2015. Conclusions of 25 and 26 June 2015. 13 Informal meeting of EU Heads of 13 Informal meeting of EU Heads of State or Government on migration, State or Government on migration, Statement of 23 September 2015. Statement of 23 September 2015.
Amendment 2
Proposal for a regulation Recital 2
Text proposed by the Commission Amendment
(2) The objective of Union policy in (2) The objective of Union policy in the field of external border management is the field of external border management is to develop and implement European to develop and implement European integrated border management at national integrated border management at national and Union level, which is a necessary and Union level, which is a necessary corollary to the free movement of persons corollary to the free movement of persons within the Union and is a fundamental within the Union and is a fundamental component of an area of freedom, security component of an area of freedom, security and justice. European integrated border and justice, with a view to monitoring management is central to improving efficiently the crossing of the external migration management and ensuring a borders and to addressing migratory high level of internal security within the challenges and potential future threats at Union. those borders, thereby contributing to addressing serious crime with a cross- border dimension and to ensuring a high level of internal security within the Union, in full respect for fundamental rights, while safeguarding the free movement of persons therein.
PE578.803v02-00 6/193 RR\1097326EN.doc EN
Amendment 3
Proposal for a regulation Recital 3 a (new)
Text proposed by the Commission Amendment
(3a) When implementing European integrated border management, coherence with other policy objectives should be ensured including the proper functioning of cross-border transport.
Amendment 4
Proposal for a regulation Recital 4
Text proposed by the Commission Amendment
(4) To ensure the effective (4) To ensure the effective implementation of the European integrated implementation of the European integrated border management, a European Border border management, a European Border and Coast Guard should be established. and Coast Guard should be established and The European Border and Coast Guard, should be provided with the requisite which comprises the European Border and financial and human resources and Coast Guard Agency and national equipment. The European Border and authorities which are responsible for border Coast Guard, which comprises the management, including coast guards to the European Border and Coast Guard Agency extent that they carry out border control and national authorities which are tasks, relies upon the common use of responsible for border management, information, capabilities and systems at including coast guards to the extent that national level and the response of the they carry out border control tasks, relies European Border and Coast Guard Agency upon the common use of information, at Union level. capabilities and systems at national level and the response of the European Border and Coast Guard Agency at Union level.
Amendment 5
Proposal for a regulation Recital 5
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Text proposed by the Commission Amendment
(5) European integrated border (5) European integrated border management is a shared responsibility of management is a shared responsibility of the European Border and Coast Guard the European Border and Coast Guard Agency and the national authorities Agency and the national authorities 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. While they carry out maritime border Member States retain the primary surveillance operations and any other responsibility for the management of their border control tasks. While Member States section of the external borders in their retain the primary responsibility for the interest and in the interest of all Member management of their section of the external States which have abolished internal border borders in their interest and in the interest control, the European Border and Coast of all Member States which have abolished Guard Agency should ensure the internal border control, the European application of Union measures relating to Border and Coast Guard Agency should the management of the external borders by ensure the application of Union measures reinforcing, assessing and coordinating the relating to the management of the external actions of Member States which implement borders by reinforcing, assessing and those measures. coordinating the actions of Member States which implement those measures. The Commission should present a legislative proposal for a European integrated border management strategy setting out general guidelines, the objectives to be met and the key actions to be taken in order to establish a fully functioning European integrated border management system.
Amendment 6
Proposal for a regulation Recital 7
Text proposed by the Commission Amendment
(7) The European Agency for the (7) 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, commonly referred of the European Union, commonly referred to as Frontex, was established by Council to as Frontex, was established by Council Regulation (EC) No 2007/2004.14 Since Regulation (EC) No 2007/2004. 14 Since taking up its responsibilities on 1 May taking up its responsibilities on 1 May 2005, it has been successful in assisting 2005, it has been successful in assisting
PE578.803v02-00 8/193 RR\1097326EN.doc EN Member States with implementing the Member States with implementing the operational aspects of external border operational aspects of external border management through joint operations and management through joint operations and rapid border interventions, as well as risk rapid border interventions, as well as risk analysis, information exchange, relations analysis, information exchange, relations with third countries and the return of third- with third countries and the return of third- country nationals illegally staying on the country nationals who are the subject of a territory of Member States. return decision issued by a Member State in accordance with Directive 2008/115/EC of the European Parliament and of the Council14a. ______14 Council Regulation (EC) No 14 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing 2007/2004 of 26 October 2004 establishing a European Agency for the Management of a 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, p. European Union (OJ L 349, 25.11.2004, p. 1). 1). 14a Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in member states for returning illegally staying third- country nationals (OJ L 348, 21.12.2008, p. 98).
Amendment 7
Proposal for a regulation Recital 8
Text proposed by the Commission Amendment
(8) Having regard to the increasing (8) It is necessary to monitor the migratory pressures at the external crossing of the external borders borders, to the necessity of ensuring a high efficiently, address migratory challenges level of internal security within the Union and potential future threats at the external and to safeguard the functioning of the borders, ensure a high level of internal Schengen area as well as the overarching security within the Union, safeguard the principle of solidarity, it is necessary to functioning of the Schengen area and reinforce the management of the external respect the overarching principle of borders by building on the work of Frontex solidarity. In light of this, it is necessary to and further develop it into an Agency with reinforce the management of the external a shared responsibility for the management borders by building on the work of Frontex
RR\1097326EN.doc 9/193 PE578.803v02-00 EN of the external borders. and further developing it into an Agency with a shared responsibility for the management of the external borders.
Amendment 8
Proposal for a regulation Recital 9
Text proposed by the Commission Amendment
(9) The tasks of Frontex should (9) The tasks of Frontex should therefore be expanded and to reflect those therefore be expanded and to reflect those changes, it should be renamed European changes, it should be renamed European Border and Coast Guard Agency. The key Border and Coast Guard Agency (the role of the European Border and Coast Agency). The key role of the Agency Guard Agency should be to establish an should be to establish an operational and operational and technical strategy for the technical strategy for the implementation implementation of an integrated border of an integrated border management at management at Union level, to oversee the Union level, to oversee the effective effective functioning of border control at functioning of border control at the the external borders, to provide increased external borders, to provide increased operational and technical assistance to operational and technical assistance to Member States through joint operations Member States through joint operations and rapid border interventions, and to and rapid border interventions, ensure the ensure the practical execution of measures practical execution of measures in case of a in case of a situation requiring urgent situation requiring urgent action at the action at the external borders, as well as to external borders and technical and organise, coordinate and conduct return operational assistance to Member States operations and return interventions. and third countries in the context of search and rescue operations for persons in distress at sea, as well as to organise, coordinate and conduct return operations and return interventions.
Amendment 9
Proposal for a regulation Recital 9 a (new)
Text proposed by the Commission Amendment
(9a) Given its activity at the external borders, the Agency should contribute to preventing and detecting serious crime
PE578.803v02-00 10/193 RR\1097326EN.doc EN with a cross-border dimension, such as the criminal smuggling of persons, trafficking in human beings and terrorism, where it is appropriate for it to act and where it has obtained relevant information through its activities. It should coordinate its activities with Europol as the agency responsible for supporting and strengthening Member States’ actions and their cooperation in preventing and combating serious crime affecting two or more Member States.
Amendment 10
Proposal for a regulation Recital 9 b (new)
Text proposed by the Commission Amendment
(9b) The Agency should carry out its tasks without prejudice to the competence of the Member States with regard to defence.
Amendment 11
Proposal for a regulation Recital 9 c (new)
Text proposed by the Commission Amendment
(9c) The extended tasks and competence of the Agency should be balanced with strengthened fundamental rights safeguards and increased accountability.
Amendment 12
Proposal for a regulation Recital 11
Text proposed by the Commission Amendment
(11) The European Border and Coast (11) The Agency should prepare general
RR\1097326EN.doc 11/193 PE578.803v02-00 EN Guard Agency should prepare general and and tailored risk analysis based on a tailored risk analysis based on a common common integrated risk analysis model, to integrated risk analysis model, to be be applied by the Agency itself and by applied by the Agency itself and by Member States. The Agency should, based Member States. The European Border and also on information provided by Member Coast Guard Agency should, based also on States, provide adequate information and information provided by Member States, intelligence covering all aspects relevant to provide adequate information and European integrated border management, intelligence covering all aspects relevant to as well as the situation at neighbouring European integrated border management, third countries, so as to allow for especially border control, return, appropriate measures to be taken or to irregular secondary movements of third- tackle identified threats and risks with a country nationals within the Union, view to improving the integrated prevention of cross-border crime management of the external borders. including facilitation of irregular immigration, trafficking in human beings and terrorism, as well as the situation at neighbouring third countries, so as to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of external borders.
Amendment 13
Proposal for a regulation Recital 12
Text proposed by the Commission Amendment
(12) In a spirit of shared responsibility, (12) In a spirit of shared responsibility, the role of the European Border and Coast the role of the Agency should be to Guard Agency should be to regularly regularly monitor the management of the monitor the management of the external external borders. The Agency should borders. The Agency should ensure proper ensure proper and effective monitoring not and effective monitoring not only through only through risk analysis, information risk analysis, information exchange and exchange and Eurosur, but also through Eurosur, but also through presence of presence of experts from its own staff in experts from its own staff in Member Member States. The Agency should States. The Agency should therefore be therefore be able to deploy liaison officers able to deploy liaison officers to specific to all Member States for a period of time Member States for a period of time during during which the liaison officer reports to which the liaison officer reports to the the Executive Director. The report of the Executive Director. The report of the liaison officers should form part of the liaison officers should form part of the vulnerability assessment. vulnerability assessment.
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Amendment 14
Proposal for a regulation Recital 13
Text proposed by the Commission Amendment
(13) The European Border and Coast (13) The Agency should carry out a Guard Agency should carry out a vulnerability assessment, based on vulnerability assessment to assess the objective criteria, to assess the capacity of capacity of the Member States to face the Member States to face challenges at challenges at their external borders, their external borders, including by including by assessing the equipment and assessing the equipment, infrastructure, resources of Member States as well as their staff, budget and financial resources of contingency plans to address possible Member States as well as their contingency crises at the external borders. Member plans to address possible crises at the States should take corrective action to external borders. Member States should address any deficiencies identified in that take corrective action to address any assessment. The Executive Director, on the deficiencies identified in that assessment. advice of a Supervisory Board created The Executive Director, on the advice of within the European Border and Coast an Advisory Board created within the Guard Agency, should identify the Agency, should identify the measures to be measures to be taken by the Member State taken by the Member State concerned and concerned and should set a time-limit should set a time-limit within which those within which those measures should be measures should be taken. That decision taken. That decision should be binding on should be binding on that Member State that Member State and where the necessary and where the necessary measures are not measures are not taken within the set time- taken within the set time-limit, the matter limit, the matter needs to be referred to the needs to be referred to the Management Management Board for a further decision. Board and to the Commission.
Amendment 15
Proposal for a regulation Recital 13 a (new)
Text proposed by the Commission Amendment
(13a) The vulnerability assessment should be a preventive measure carried out by the Agency on a continuous basis, complementing the Schengen evaluation and monitoring mechanism set up pursuant to Council Regulation (EU) No
RR\1097326EN.doc 13/193 PE578.803v02-00 EN 1053/20131a. The information obtained during the vulnerability assessment should also be used for the purposes of that mechanism, in particular when deciding on the multiannual and the annual evaluation programme. ______1a Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27).
Amendment 16
Proposal for a regulation Recital 14
Text proposed by the Commission Amendment
(14) The European Border and Coast (14) The Agency should organise the Guard Agency should organise the appropriate technical and operational appropriate technical and operational assistance to Member States so as to assistance to Member States so as 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 border resulting from irregular the external border resulting from irregular migration or cross-border crime. In this immigration or cross-border crime. In this respect, the Agency should, at the request respect, the European Border and Coast of a Member State or on its own initiative, Guard Agency should, at the request of a organise and coordinate joint operations for Member State or on its own initiative, one or more Member States and deploy organise and coordinate joint operations for European Border and Coast Guard Teams one or more Member States and deploy as well as the necessary technical European Border and Coast Guard Teams equipment, and it may deploy experts from as well as the necessary technical its own staff. equipment, and it may deploy experts from its own staff.
PE578.803v02-00 14/193 RR\1097326EN.doc EN Amendment 17
Proposal for a regulation Recital 15
Text proposed by the Commission Amendment
(15) In cases where there is a specific (15) In cases where there is a specific and disproportionate pressure at the and disproportionate pressure at the external borders, the European Border external borders, the Agency should, at the and Coast Guard 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, organise and coordinate rapid border interventions and deploy European border interventions and deploy European Border and Coast Guard Teams from a Border and Coast Guard Teams from a rapid reaction pool as well as technical rapid reserve pool as well as technical equipment. Rapid border interventions equipment. Rapid border interventions should provide reinforcement in situations should provide reinforcement in situations where immediate response is required and where immediate response is required and where such an intervention would provide where such an intervention would provide an effective response. To ensure the an effective response. To ensure the effective operation of such intervention, effective operation of such intervention, Member States should make border guards Member States should make border guards and other relevant staff available to the and other relevant staff available to the rapid reaction pool andprovide the rapid reserve pool. necessary technical equipment. The Agency and the Member State concerned should agree upon an operational plan.
Amendment 18
Proposal for a regulation Recital 16
Text proposed by the Commission Amendment
(16) At particular areas of the external (16) Where Member States face borders where Member States face disproportionate migratory challenges disproportionate migratory pressures characterised by large influxes of mixed characterised by large influxes of mixed migratory flows the Member States should migratory flows, referred to as hotspot be able to rely on the increased operational areas, the Member States should be able to and technical reinforcement in hotspot rely on the increased operational and areas by the migration management technical reinforcement by the migration support teams composed of teams of management support teams composed of experts deployed from Member States by teams of experts deployed from Member the Agency and the European Asylum States by the European Border and Coast Support Office, and from Europol or other
RR\1097326EN.doc 15/193 PE578.803v02-00 EN Guard Agency and the European Asylum relevant Union Agencies, as well as experts Support Office, and from Europol or other from the staff of the Agency. The Agency relevant Union Agencies, as well as experts should assist the Commission in the from the staff of the European Border and coordination among the different agencies Coast Guard Agency. The European on the ground. Border and Coast Guard Agency should assist the Commission in the coordination among the different agencies on the ground.
Amendment 19
Proposal for a regulation Recital 16 a (new)
Text proposed by the Commission Amendment
(16a) In hotspot areas the different agencies and Member States should operate within their respective mandates and powers. While the Agency should facilitate the application of Union measures relating to the management of external borders and return, the European Asylum Support Office should help to improve the implementation of the Common European Asylum System and support Member States in asylum-related matters, Europol should provide expertise, strategic and operational analysis relating to cross-border organised crime and dismantling smuggling networks, and Eurojust should support cooperation between national investigating and prosecuting authorities. Member States remain responsible for taking substantive decisions regarding asylum applications and return.
Amendment 20
Proposal for a regulation Recital 17
PE578.803v02-00 16/193 RR\1097326EN.doc EN
Text proposed by the Commission Amendment
(17) In cases where a Member State (17) In cases where a Member State does not take the necessary corrective does not take the necessary corrective action in line with the vulnerability action in line with the vulnerability assessment or in the event of assessment or in the event of disproportionate migratory pressure at the disproportionate migratory pressure at the external borders, rendering the control at external borders, rendering the control at the external border ineffective to an extent the external border ineffective to an extent which risks putting in jeopardy the which risks putting in jeopardy the functioning of the Schengen area, a functioning of the Schengen area as an unified, rapid and effective response area without internal border control, a should be delivered at Union level. For this unified, rapid and effective response purpose, and to ensure better coordination should be delivered at Union level. For this at Union level, the Commission should purpose, and to ensure better coordination identify the measures to be implemented at Union level, the Commission should by the European Border and Coast Guard identify the measures to be implemented Agency and require the Member State by the Agency. For the adoption of such concerned to cooperate with the Agency in measures, taking into account the implementation of those measures. The sovereignty-related aspects and the European Border and Coast Guard political sensitivity thereof, which touch Agency should then determine the actions on national executive and enforcement to be taken for the practical execution of powers, implementing powers should be the measures indicated in the Commission conferred on the Council, which should decision, and an operational plan should be act on a proposal from the Commission. drawn up with the Member State The Member State concerned should concerned. cooperate with the Agency in the implementation of those measures. The Agency should then determine the actions to be taken for the practical execution of the measures indicated in the Council decision, and an operational plan should be agreed with the Member State concerned.
Amendment 21
Proposal for a regulation Recital 18
Text proposed by the Commission Amendment
(18) The European Border and Coast (18) The Agency should have the Guard Agency should have the necessary necessary equipment and staff at its equipment and staff at its disposal to be disposal to be deployed in joint operations deployed in joint operations or rapid border or rapid border interventions. To this end, interventions. To this end, when launching when launching rapid border interventions
RR\1097326EN.doc 17/193 PE578.803v02-00 EN rapid border interventions at the request of at the request of a Member State or in the a Member State or in the context of a context of a situation requiring urgent situation requiring urgent action, the action, the Agency should be able to European Border and Coast Guard deploy European Border and Coast Guard Agency should be able to deploy European Teams from a rapid reaction pool which Border and Coast Guard Teams from a should be a standing corps composed of a rapid reserve pool which should be a percentage of the total number of border standing corps composed of a small guards in the Member States, which should percentage of the total number of border amount to a minimum of 1 500. The guards in the Member States, which should deployment of the European Border and amount to a minimum of 1 500. The Coast Guard Teams from the rapid deployment of the European Border and reaction pool should be immediately Coast Guard Teams from the rapid reserve complemented by additional European pool should be immediately complemented Border and Coast Guard Teams where by additional European Border and Coast necessary. Guard Teams as appropriate.
Amendment 22
Proposal for a regulation Recital 20
Text proposed by the Commission Amendment
(20) On 8 October 2015, the European deleted Council called for enlarging the mandate of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to assist Member States in ensuring the effective return of illegally staying third-country nationals, including by organising return operations on its own initiative and enhancing its role regarding the acquisition of travel documents. For this purpose, the European Council called for the establishment of a Return Office within the European Border and Coast Guard Agency which should be tasked with the coordination of the Agency’s activities in the field of return.
PE578.803v02-00 18/193 RR\1097326EN.doc EN Amendment 23
Proposal for a regulation Recital 21
Text proposed by the Commission Amendment
(21) The European Border and Coast (21) The Agency should step up its Guard Agency should step up its assistance to Member States for returning assistance to Member States for returning irregularly staying third-country nationals, illegally staying third-country nationals, subject to the Union return policy and in subject to the Union return policy and in compliance with Directive 2008/115/EC. compliance with Directive 2008/115/EC of In particular, it should coordinate and the European Parliament and of the organise return operations from one or Council.15 In particular, it should more Member States and it should organise coordinate and organise return operations and conduct return interventions to from one or more Member States and it reinforce the return system of Member should organise and conduct return States requiring increased technical and interventions to reinforce the return system operational assistance when complying of Member States requiring increased with their obligation to return irregularly technical and operational assistance when staying third-country nationals in complying with their obligation to return accordance with that Directive. illegally staying third-country nationals in accordance with that Directive. ______15 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in member states for returning illegally staying third-country nationals (OJ L 348, 21.12.2008, p. 98).
Amendment 24
Proposal for a regulation Recital 21 a (new)
Text proposed by the Commission Amendment
(21a) The Agency should provide the necessary assistance to Member States in organising joint return operations and return interventions of irregular migrants, without entering into the merits of return decisions issued by the Member States,
RR\1097326EN.doc 19/193 PE578.803v02-00 EN and in full respect for fundamental rights. In addition, the Agency should assist Member States in the acquisition of travel documents for return, in cooperation with the authorities of the relevant third countries.
Amendment 25
Proposal for a regulation Recital 21 b (new)
Text proposed by the Commission Amendment
(21b) The possible existence of an arrangement between a Member State and a third country does not absolve the Agency or the Member States from their obligations under Union or international law, in particular as regards compliance with the principle of non-refoulement, where they are aware or ought to be aware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that third country amount to substantial grounds for believing that the asylum seeker would face a serious risk of being subjected to inhuman or degrading treatment or where they are aware or ought to be aware that that third country engages in practices in contravention of the principle of non- refoulement.
Justification
In the context of return operations and interventions, it is imperative to reiterate the guiding principles on which any return of a third-country national may be carried out. Based on Recital 13 of Regulation (EU) No 656/2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by Frontex.
Amendment 26
Proposal for a regulation Recital 22
PE578.803v02-00 20/193 RR\1097326EN.doc EN
Text proposed by the Commission Amendment
(22) The European Border and Coast (22) The Agency should establish pools Guard Agency should establish pools of of forced return monitors, forced return forced return monitors, forced return experts and return specialists made experts and return specialists made available by Member States, who should be available by Member States, who should be deployed during return operations and that deployed during return operations and that should form part of tailor-made European should form part of tailor-made European Return Intervention Teams deployed in Return Intervention Teams deployed in return interventions. The pools should return interventions. The European Border include staff with specific expertise in and Coast Guard Agency should provide child protection. The Agency should them with the necessary training. provide them with the necessary training.
Amendment 27
Proposal for a regulation Recital 22 a (new)
Text proposed by the Commission Amendment
(22a) Special provision should be made for staff involved in activities relating to returns to specify their tasks, powers and responsibilities. Special instructions should also be issued with regard to the power of the pilots in charge of aircraft and the extension of the criminal jurisdiction of the country of registration of the aircraft under international aviation law.
Amendment 28
Proposal for a regulation Recital 23
Text proposed by the Commission Amendment
(23) The European Border and Coast (23) The Agency should develop Guard Agency should develop specific specific training tools, including specific training tools and it should provide training training in the protection of children, and at Union level for national instructors of it should provide training at Union level for border guards and additional training and national instructors of border guards and seminars related to control at external additional training and seminars related to
RR\1097326EN.doc 21/193 PE578.803v02-00 EN borders and return of third-country integrated border management tasks, nationals illegally staying on the territory including for officers of the competent of Member States for officers of the national bodies. The Agency should be competent national bodies. The Agency authorised to organise training activities in should be authorised to organise training cooperation with Member States and third activities in cooperation with Member countries on their territory. States and third countries on their territory.
Amendment 29
Proposal for a regulation Recital 24
Text proposed by the Commission Amendment
(24) The European Border and Coast (24) The Agency should monitor and Guard Agency should monitor and contribute to the developments in research contribute to the developments in research relevant for European integrated border relevant for the control of the external management and it should disseminate this borders, including the use of advanced information to the European Parliament, surveillance technology, and it should the Member States, the Commission, disseminate this information to the relevant Union agencies, bodies and Member States and to the Commission. offices, and the public.
Amendment 30
Proposal for a regulation Recital 25
Text proposed by the Commission Amendment
(25) Effective implementation of an (25) Effective implementation of an integrated management of the external integrated management of the external borders necessitates regular, swift and borders necessitates regular, swift and reliable exchange of information among reliable exchange of information among the Member States regarding the the Member States regarding the management of the external borders, management of the external borders, irregular immigration and return. The irregular migration and return. The European Border and Coast Guard Agency should develop and operate Agency should develop and operate information systems facilitating such information systems facilitating such exchange in accordance with Union data exchange in accordance with Union data protection legislation. It is important that protection legislation. Member States provide the Agency promptlywith complete and accurate information necessary for the Agency to
PE578.803v02-00 22/193 RR\1097326EN.doc EN perform its tasks.
Amendment 31
Proposal for a regulation Recital 27
Text proposed by the Commission Amendment
(27) National authorities carrying out (27) National authorities carrying out coast guard functions are responsible for a coast guard functions are responsible for a wide range of tasks, including but not wide range of tasks, including but not limited to maritime safety, security, search limited to maritime safety, security, search and rescue, border control, fisheries and rescue, border control, fisheries control, customs control, general law control, customs control, general law enforcement and environmental protection. enforcement and environmental protection. The European Border and Coast Guard The Agency, the European Fisheries Agency, the European Fisheries Control Control Agency established by Council Agency established by Council Regulation Regulation (EC) No 768/2005 16 and the (EC) No 768/2005 16 and the European European Maritime Safety Agency Maritime Safety Agency established by established by Regulation (EC) No Regulation (EC) No 1406/2002 of the 1406/2002 of the European Parliament and European Parliament and of the Council 17 of the Council 17 should therefore should therefore strengthen their strengthen their cooperation both with each cooperation both with each other and with other and with the national authorities the national authorities carrying out coast carrying out coast guard functions to guard functions to increase maritime increase maritime situational awareness as situational awareness as well as to support well as to support coherent and cost- coherent and cost-efficient action. efficient action. Synergies between the various actors in the maritime environment should be in line with the Europeans integrated border management and maritime security strategy. ______16 Council Regulation (EC) No 768/2005 16 Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community of 26 April 2005 establishing a Community Fisheries Control Agency and amending Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing Regulation (EEC) No 2847/93 establishing a control system applicable to the common a control system applicable to the common fisheries policy (OJ L 128, 21.5.2005, p.1). fisheries policy (OJ L 128, 21.5.2005, p.1). 17 Regulation (EC) No 1406/2002 of the 17 Regulation (EC) No 1406/2002 of the European Parliament and of the Council of European Parliament and of the Council of 27 June 2002 establishing a European 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, Maritime Safety Agency (OJ L 208, 5.8.2002, p.1). 5.8.2002, p.1).
RR\1097326EN.doc 23/193 PE578.803v02-00 EN Amendment 32
Proposal for a regulation Recital 27 a (new)
Text proposed by the Commission Amendment
(27a) Cooperation on coast guard functions, in particular by means of enhanced collaboration between national authorities, the Agency, the European Fisheries Control Agency and the European Maritime Safety Agency, should not affect the division of powers between the agencies as regards the definition of their missions and should not impinge on their autonomy or independence in respect of their initial assignments. That cooperation is also intended to enable the creation of synergies between them, without changing their mission statements.
Justification
European cooperation on coast guard functions does not seek to reduce the powers of the EMSA or the EFCA. The aim of cooperation is to strengthen the agencies’ primary missions while establishing synergies, in such a way as to improve knowledge of the maritime situation and the EU’s offshore response capability.
Amendment 33
Proposal for a regulation Recital 28
Text proposed by the Commission Amendment
(28) The European Border and Coast (28) The Agency should facilitate and Guard Agency should facilitate and encourage technical and operational encourage operational cooperation between cooperation between Member States and Member States and third countries in the third countries in the framework of the framework of the external relations policy external relations policy of the Union, of the Union, including by coordinating including by coordinating operational operational cooperation between Member cooperation between Member States and States and third countries in the field of third countries in the field of management management of external borders and by of the external borders and by deploying deploying liaison officers to third liaison officers to third countries, as well as
PE578.803v02-00 24/193 RR\1097326EN.doc EN countries, as well as by cooperating with by cooperating with the authorities of third the authorities of third countries on return, countries on return, including as regards including as regards the acquisition of the acquisition of travel documents. In their travel documents. In their cooperation with cooperation with third countries, the third countries, the European Border and Agency and Member States should comply Coast Guard Agency and Member States with Union law, including with regard to should comply with norms and standards the protection of fundamental rights and at least equivalent to those set by Union the principle of non-refoulement at all legislation also when the cooperation with times and also when the cooperation with third countries takes place on the territory third countries takes place on the territory of those countries. of those countries. In order to increase transparency and accountability, the Agency should report on cooperation with third countries in its annual report.
Amendment 34
Proposal for a regulation Recital 28 a (new)
Text proposed by the Commission Amendment
(28a) The European Border and Coast Guard and the Agency should fulfil their tasks in full respect for fundamental rights, in particular the Charter of Fundamental Rights of the European Union (the Charter), the Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement, the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, and the International Convention on Maritime Search and Rescue. In accordance with Union law and those provisions the Agency should assist Member States in conducting search and rescue operations in order to protect and save lives whenever and wherever so required.
RR\1097326EN.doc 25/193 PE578.803v02-00 EN Amendment 35
Proposal for a regulation Recital 28 b (new)
Text proposed by the Commission Amendment
(28b) Given the increased number of its tasks, the Agency should further develop and implement a strategy to monitor and ensure the protection of fundamental rights. To that end it should provide its Fundamental Rights Officer with adequate resources and staff corresponding to its mandate and size. The Agency should use its role to actively promote the application of the Union acquis relating to the management of the external borders, including with regard to respect for fundamental rights and international protection.
Amendment 36
Proposal for a regulation Recital 28 c (new)
Text proposed by the Commission Amendment
(28c) In accordance with the Charter and the 1989 United Nations Convention on the Rights of the Child, a child's best interests are to be a primary consideration in the activities of the Agency.
Amendment 37
Proposal for a regulation Recital 30
Text proposed by the Commission Amendment
(30) This Regulation establishes a (30) This Regulation establishes an complaint mechanism for the European independent complaint mechanism for the Border and Coast Guard Agency, in Agency, in cooperation with the
PE578.803v02-00 26/193 RR\1097326EN.doc EN cooperation with the Fundamental Rights Fundamental Rights Officer, to monitor Officer, to monitor and ensure the respect and ensure the respect for fundamental for fundamental rights in all the activities rights in all the activities of the Agency. of the Agency. This should be an This should be an administrative administrative mechanism whereby the mechanism whereby the Fundamental Fundamental Rights Officer should be Rights Officer should be responsible for responsible for handling complaints handling complaints received by the received by the Agency in accordance with Agency in accordance with the right to the right to good administration. The good administration. The Fundamental Fundamental Rights Officer should review Rights Officer should review the the admissibility of a complaint, register 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 border guards to the home Member State border guards to the home Member State and register the follow-up by the Agency and register the follow-up by the Agency or that Member State. Criminal or that Member State. Criminal investigations should be conducted by the investigations should be conducted by the Member States. Member States. The mechanism should be effective, ensuring that complaints are properly followed up and lead to penalties in cases of fundamental rights violations. In order to increase transparency and accountability, the Agency should report on the complaints mechanism in its annual report.
Amendment 38
Proposal for a regulation Recital 31
Text proposed by the Commission Amendment
(31) In order to ensure the uniform deleted conditions for the implementation of this Regulation, in particular as regards situations requiring urgent action at the external borders, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
RR\1097326EN.doc 27/193 PE578.803v02-00 EN Amendment 39
Proposal for a regulation Recital 33
Text proposed by the Commission Amendment
(33) The Commission and the Member (33) The Management Board should States should be represented within a exercise oversight over the Agency. The Management Board to exercise policy and Board should, where possible, consist of political oversight over the European the operational heads of the national Border and Coast Guard Agency. The services responsible for border guard Board should, where possible, consist of management or their representatives. This the operational heads of the national Board should be entrusted with the services responsible for border guard necessary powers to establish the budget, management or their representatives. This verify its execution, adopt the appropriate Board should be entrusted with the financial rules, establish transparent necessary powers to establish the budget, working procedures for decision making by verify its execution, adopt the appropriate the Agency. The Agency should be financial rules, establish transparent governed and operated taking into account working procedures for decision making by the principles of the common approach on the European Border and Coast Guard Union decentralised agencies adopted on Agency and appoint the Executive 19 July 2012 by the European Parliament, Director and the Deputy Executive the Council and the European Commission. Director. The Agency should be governed This should include conclusion of a and operated in line with the principles of headquarters agreement between the the common approach on Union Agency and the Member State in which it decentralised agencies adopted on 19 July has its seat. 2012 by the European Parliament, the Council and the European Commission.
Amendment 40 Proposal for a regulation Recital 34
Text proposed by the Commission Amendment
(34) In order to guarantee the autonomy (34) In order to guarantee the autonomy of the European Border and Coast Guard of the Agency, it should be granted an Agency, it should be granted an autonomous budget whose revenue comes autonomous budget whose revenue comes essentially from a contribution from the essentially from a contribution from the Union. The Union budgetary procedure Union. The Union budgetary procedure should be applicable as far as the Union should be applicable as far as the Union contribution and any other subsidies contribution and any other subsidies chargeable to the general budget of the chargeable to the general budget of the European Union are concerned. The European Union are concerned. The auditing of accounts should be undertaken
PE578.803v02-00 28/193 RR\1097326EN.doc EN auditing of accounts should be undertaken by the Court of Auditors. The budget by the Court of Auditors. adopted by the Management Board should be balanced in terms of addressing different aspects of the Agency's activities, including ensuring respect for fundamental rights.
Amendment 41
Proposal for a regulation Recital 36
Text proposed by the Commission Amendment
(36) Regulation (EC) No 1049/2001 of (36) Regulation (EC) No 1049/2001 of the European Parliament and of the the European Parliament and of the Council of 30 May 2001 regarding public Council of 30 May 2001 regarding public access to European Parliament, Council access to European Parliament, Council and Commission documents 21 should and Commission documents 21 should apply to the European Border and Coast apply to the Agency. The Agency should Guard Agency. be as transparent as possible about its activities, without jeopardising the attainment of the objective of its operations. It should make public all relevant information on all of its activities, and should ensure that the public and any interested party are rapidly given information with regard to its work. ______21 Regulation (EC) No 1049/2001 of 21 Regulation (EC) No 1049/2001 of the European Parliament and of the the European Parliament and of the Council of 30 May 2001 regarding public Council of 30 May 2001 regarding public access to European Parliament, Council access to European Parliament, Council and Commission documents (OJ L 145, and Commission documents (OJ L 145, 31.5.2001, p. 43). 31.5.2001, p. 43).
Amendment 42
Proposal for a regulation Recital 39
Text proposed by the Commission Amendment
(39) Since the objectives of this (39) Since the objectives of this Regulation, namely the development and Regulation, namely the development and
RR\1097326EN.doc 29/193 PE578.803v02-00 EN implementation of a system of integrated implementation of a system of integrated management of the external borders, thus management of the external borders, thus also ensuring the proper functioning of the also ensuring the proper functioning of the Schengen area, cannot be sufficiently Schengen area, cannot be sufficiently achieved by the Member States acting in an achieved by the Member States acting in an uncoordinated manner but can rather, uncoordinated manner but can rather, because of the absence of controls at because of the absence of controls at internal borders and in view of the internal borders and in view of the significant migratory pressures at the significant migratory challenges at the external borders and the need to safeguard external borders and the need to monitor a high level of internal security within the efficiently the crossing of those borders, Union, be better achieved at Union level, thereby contributing to a high level of the Union may adopt measures, in internal security within the Union, be better accordance with the principle of achieved at Union level, the Union may subsidiarity as set out in Article 5 of the adopt measures, in accordance with the Treaty on European Union. In accordance principle of subsidiarity as set out in with the principle of proportionality, as set Article 5 of the Treaty on European Union. out in that Article, this Regulation does not In accordance with the principle of go beyond what is necessary in order to proportionality, as set out in that Article, achieve those objectives. this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 43
Proposal for a regulation Recital 46 a (new)
Text proposed by the Commission Amendment
(46a) As regards Bulgaria and Romania, this Regulation constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 4(1) of the 2005 Act of Accession.
Amendment 44
Proposal for a regulation Recital 46 b (new)
Text proposed by the Commission Amendment
(46b) As regards Croatia, this Regulation constitutes an act building
PE578.803v02-00 30/193 RR\1097326EN.doc EN upon, or otherwise related to, the Schengen acquis within the meaning of Article 4(1) of the 2011 Act of Accession.
Amendment 45
Proposal for a regulation Recital 46 c (new)
Text proposed by the Commission Amendment
(46c) As regards Cyprus, this Regulation constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 3(1) of the 2003 Act of Accession.
Amendment 46
Proposal for a regulation Article 1
Text proposed by the Commission Amendment
A European Border and Coast Guard is This Regulation establishes a European hereby set up to ensure a European Border and Coast Guard to ensure a integrated border management at the European integrated border management at external borders with a view to managing the external borders with a view to migration effectively and ensuring a high monitoring efficiently the crossing of the level of internal security within the Union, external borders, and to addressing while safeguarding the free movement of migratory challenges and potential future persons therein. threats at those borders, thereby contributing to addressing serious crime with a cross-border dimension and to ensuring a high level of internal security within the Union, in full respect for fundamental rights, while safeguarding the free movement of persons therein.
Amendment 47
Proposal for a regulation Article 2 - paragraph 1 – point 1
RR\1097326EN.doc 31/193 PE578.803v02-00 EN
Text proposed by the Commission Amendment
(1) ‘external borders’ means the land (1) ‘external borders’ means external and sea borders of the Member States and borders as defined in point (2) of Article 2 their airports and seaports, to which the of Regulation (EU) 2016/399 of the provisions of Title II of Regulation (EC) European Parliament and of the Council, No 562/2006 of the European Parliament to which Title II thereof38 applies; and of the Council38 apply; ______38 Regulation (EC) No 562/2006 of 38 Regulation (EU) No 2016/399 of the European Parliament and of the the European Parliament and of the Council of 15 March 2006 establishing a Council of 9 March 2016 on a Union Code Community Code on the rules governing on the rules governing the movement of the movement of persons across borders persons across borders (Schengen Borders (Schengen Borders Code) (OJ L 105, Code) (OJ L 77, 23.3.2016, p. 1). 13.4.2006, p. 1).
Amendment 48
Proposal for a regulation Article 2 – paragraph 1 – point 9 a (new)
Text proposed by the Commission Amendment
(9a) ‘hotspot area’ means an area at an external border where a Member State faces disproportionate migratory pressures and where relevant Union Agencies assist the Member State in an integrated manner;
Amendment 49
Proposal for a regulation Article 2 – paragraph 1 – point 12
Text proposed by the Commission Amendment
(12) ‘returnee’ means an illegally (12) ‘returnee’ means an irregularly staying third-country national subject to a staying third-country national who is the return decision; subject of a return decision issued by a Member State in accordance with Directive 2008/115/EC;
PE578.803v02-00 32/193 RR\1097326EN.doc EN
Amendment 50
Proposal for a regulation Article 2 – paragraph 1 – point 13
Text proposed by the Commission Amendment
(13) ‘return operation’ means an (13) ‘return operation’ means an operation to return illegally staying third- operation to return third-country nationals country nationals, that is coordinated by who are the subject of return decisions the Agency and involves technical and issued by a Member State in accordance operational reinforcement being provided with Directive 2008/115/EC, which is by one or more Member States under coordinated by the Agency and involves which returnees from one or more Member technical and operational reinforcement States are returned either through forced being provided by one or more Member return or in voluntary compliance with an States under which returnees from one or obligation to return; more Member States are returned either through forced return or in voluntary compliance with an obligation to return;
Amendment 51
Proposal for a regulation Article 2 – paragraph 1 – point 14
Text proposed by the Commission Amendment
(14) ‘return intervention’ means an (14) ‘return intervention’ means an operation to return illegally staying third- operation to return third-country nationals country nationals providing for enhanced who are the subject of return decisions technical and operational assistance issued by a Member State in accordance consisting of the deployment of European with Directive 2008/115/EC, which Return Intervention Teams to Member provides for enhanced technical and States and the organisation of return operational assistance consisting of the operations. deployment of European Return Intervention Teams to Member States and the organisation of return operations;
Amendment 52
Proposal for a regulation Article 2 – paragraph 1 – point 14 a (new)
RR\1097326EN.doc 33/193 PE578.803v02-00 EN
Text proposed by the Commission Amendment
(14a) ‘coast-guard functions’ means fact-finding, monitoring, planning and organising missions and operations entrusted to a local, regional, national or Union authority with the necessary powers to perform maritime surveillance involving, in particular, safety, security, search and rescue, border control and border surveillance, fisheries control, customs control, general law enforcement and environmental protection;
Amendment 53
Proposal for a regulation Article 2 – paragraph 1 – point 14 b (new)
Text proposed by the Commission Amendment
(14b) ‘child’ means a natural person below the age of 18 years unless under the law applicable to the child majority is attained earlier;
Amendment 54
Proposal for a regulation Article 2 – paragraph 1 – point 14 c (new)
Text proposed by the Commission Amendment
(14c) ‘third party’ means a legal entity recognised as such by a Member State or an international organisation.
Amendment 55
Proposal for a regulation Article 3
PE578.803v02-00 34/193 RR\1097326EN.doc EN
Text proposed by the Commission Amendment
1. The European Border and Coast 1. The European Border and Coast Guard Agency and the national authorities Guard Agency (the Agency) and the of Member States which are responsible national authorities of Member States for border management, including coast which are responsible for border guards to the extent that they carry out management, including coast guards to the border control tasks, shall constitute the extent that they carry out border control European Border and Coast Guard. tasks, shall constitute the European Border and Coast Guard. 1a. If appropriate, the Commission shall, after consulting the Agency, present a legislative proposal for a European integrated border management strategy. The strategy shall set out general guidelines, the objectives to be met and the key actions to be taken to establish a fully functioning European integrated border management system. The European integrated border management strategy shall be revised whenever circumstances so warrant. 2. The European Border and Coast 2. The Agency shall establish an Guard Agency shall establish an operational and technical strategy for the operational and technical strategy for the European integrated border management, European integrated border management. It taking into account, where appropriate, shall promote and ensure the the specific situation of the Member implementation of European integrated States. It shall promote and ensure the border management in all Member States. implementation of European integrated border management in all Member States. 2a. The European Border and Coast Guard Agency shall ensure the continuous and uniform application of Union law, including the Union acquis on fundamental rights, at all external borders. 3. The national authorities which are 3. The 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, shall they carry out border control tasks, shall establish their national strategies for establish their national strategies for integrated border management. Those integrated border management. Those national strategies shall be coherent with national strategies shall be coherent with the strategy referred to in paragraph 2. the strategy referred to in paragraphs 1a and 2.
RR\1097326EN.doc 35/193 PE578.803v02-00 EN Amendment 56
Proposal for a regulation Article 4
Text proposed by the Commission Amendment
European integrated border management European integrated border management shall consist of the following components: shall consist of the following components: (a) border control, including measures (a) border control, including measures related to the prevention, detection and to facilitate legitimate border crossings investigation of cross-border crime, where and measures related to the prevention appropriate; and detection of cross-border crime, such as the criminal smuggling of persons, trafficking in human beings and terrorism, where appropriate; (aa) search and rescue operations for persons in distress at sea in accordance with Regulation (EU) No 656/2014 and with international law; (ab) the identification, provision of initial information to and onward referral of persons arriving at the external borders who are in need of, or wish to apply for, international protection; (b) analysis of the risks for internal (b) analysis of the risks for internal security and analysis of the threats that security and analysis of the threats that may affect the functioning or security of may affect the functioning or security of the external borders; the external borders; (c) inter-agency cooperation among the (c) 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 and for other tasks carried out at the border and among the relevant Union institutions, among the relevant Union institutions, agencies, bodies and offices; including the agencies, bodies and offices; including the regular exchange of information through regular exchange of information through existing information exchange tools, and in existing information exchange tools, and in particular, the European Border particular, the European Border Surveillance System (‘Eurosur’) Surveillance System (‘Eurosur’) established by Regulation (EU) No established by Regulation (EU) No 1052/2013 of the European Parliament and 1052/2013 of the European Parliament and of the Council;39 of the Council; 39 (d) cooperation with third countries in (d) cooperation with third countries in the areas of covered by this Regulation, the areas of covered by this Regulation, focusing in particular on neighbouring focusing in particular on neighbouring
PE578.803v02-00 36/193 RR\1097326EN.doc EN countries and on those third countries countries and on those third countries which have been identified through risk which have been identified through risk analysis as being countries of origin and analysis as being countries of origin and transit for irregular immigration; transit for irregular migration in cooperation with Member States, the Commission and the EEAS; (e) technical and operational measures (e) technical and operational measures within the area of free movement which are within the area of free movement which are related to border control and designed to related to border control and designed to prevent irregular immigration and to better manage irregular migration and to counter cross-border crime; counter cross-border crime; (f) return of third-country nationals (f) return of third-country nationals illegally staying on the territory of the who are the subject of return decisions Member States; issued by a Member State in accordance with Directive 2008/115/EC; (g) use of state-of-the-art technology (g) use of state-of-the-art technology including large-scale information systems; including large-scale information systems; (h) a quality control mechanism to (h) a quality control mechanism to ensure the implementation of Union ensure the implementation of Union legislation in the area of border legislation in the area of border management. management. ______39 Regulation (EU) No 1052/2013 of 39 Regulation (EU) No 1052/2013 of the European Parliament and of the the European Parliament and of the Council of 22 October 2013 establishing Council of 22 October 2013 establishing the European Border Surveillance System the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11). (Eurosur) (OJ L 295, 6.11.2013, p. 11).
Amendment 57
Proposal for a regulation Article 5
Text proposed by the Commission Amendment
1. The European Border and Coast 1. The European Border and Coast Guard shall implement the European Guard shall implement the European integrated border management as a shared integrated border management as a shared responsibility of the European Border and responsibility of the Agency and of the Coast Guard Agency and of the national national authorities responsible for border 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 border control surveillance operations and any other tasks. border control tasks. Nonetheless, Member
RR\1097326EN.doc 37/193 PE578.803v02-00 EN States shall retain primary responsibility for the management of their section of the external border. 2. The European Border and Coast 2. The Agency shall facilitate the Guard Agency shall facilitate the application of Union measures relating to application of Union measures relating to the management of external borders by the management of external borders by reinforcing, assessing and coordinating the reinforcing, assessing and coordinating the actions of Member States in the actions of Member States in the implementation of those measures, and in implementation of those measures, and in return. Member States shall ensure the return. Member States shall ensure the management of their section of the external management of their section of the external borders, in their interests and in interest of borders, in their interests and in interest of all Member States which have abolished all Member States which have abolished internal border control, in full compliance internal border control, in full compliance with Union law and in accordance with the with Union law and in accordance with the technical and operational strategy referred technical and operational strategy referred to in Article 3(2), and in close cooperation to in Article 3(2), and in close cooperation with the Agency. Member States shall with the Agency. also, in their own interests and in the interests of other Member States, enter data into the European databases and ensure that the data are accurate, up-to- date and obtained and entered lawfully. 3. The European Border and Coast 3. The Agency shall be responsible for Guard Agency shall be responsible for the the management of the external borders in management of the external borders in the the cases foreseen in this Regulation, in cases foreseen in this Regulation, in particular where the necessary corrective particular where the necessary corrective measures based on the vulnerability measures based on the vulnerability assessment are not taken or in the event of assessment are not taken or in the event of disproportionate migratory pressure, disproportionate migratory pressure, rendering the control of the external rendering the control of the external borders ineffective to such an extent that it borders ineffective to such an extent that it risks putting in jeopardy the functioning of risks putting in jeopardy the functioning of the Schengen area; the Schengen area. 3a. This Regulation shall be without prejudice to the Schengen evaluation mechanism and the powers of the Commission, in particular under Article 258 TFEU, to ensure compliance with Union law.
PE578.803v02-00 38/193 RR\1097326EN.doc EN Amendment 58
Proposal for a regulation Article 6 – paragraph 1
Text proposed by the Commission Amendment
1. To ensure a coherent European 1. To ensure a coherent European integrated border management at all integrated border management at all external borders, the Agency shall facilitate external borders, the Agency shall facilitate and render more effective the application and render more effective the application of existing and future Union measures of existing and future Union measures relating to the management of external relating to the management of external borders, in particular the Schengen Borders borders, in particular the Schengen Borders Code established by Regulation (EC) No Code established by Regulation (EC) No 562/2006. 2016/399. It shall also contribute to the identification, development and exchange of good practices and promote Union border management law and standards.
Amendment 59
Proposal for a regulation Article 6 a (new)
Text proposed by the Commission Amendment
Article 6a Accountability The Agency shall be accountable to the European Parliament and to the Council, in accordance with this Regulation.
Amendment 60
Proposal for a regulation Article 7
Text proposed by the Commission Amendment
1. In view of contributing to an 1. In view of contributing to an efficient, high and uniform level of border efficient, high and uniform level of border control and return, the Agency shall control and return, the Agency shall
RR\1097326EN.doc 39/193 PE578.803v02-00 EN perform the following tasks: perform the following tasks: (a) establish a monitoring and risk (a) monitor migratory flows and to analysis centre with the capacity to carry out risk analysis as regards all aspects monitor migratory flows and to carry out of integrated border management; risk analysis as regards all aspects of integrated border management; (b) carry out a vulnerability assessment (b) carry out a vulnerability assessment including the assessment of the capacity of including the assessment of the capacity Member States to face threats and and preparedness of Member States to pressures at the external borders; face threats and challenges at the external borders; (ba) ensure regular monitoring of the management of the external borders through liaison officers of the Agency in Member States; (c) assist Member States in (c) assist Member States in circumstances requiring increased technical circumstances requiring increased technical and operational assistance at the external and operational assistance at the external borders by coordinating and organising borders by coordinating and organising joint operations, taking into account that joint operations, taking into account that some situations may involve humanitarian some situations may involve humanitarian emergencies and rescue at sea; emergencies and rescue at sea in accordance with Union and international law; (d) assist Member States in (d) assist Member States in circumstances requiring increased technical circumstances requiring increased technical and operational assistance at the external and operational assistance at the external borders, by launching rapid border borders, by launching rapid border interventions at the external borders of interventions at the external borders of those Member States facing specific and those Member States facing specific and disproportionate pressures, taking into disproportionate challenges, taking into account that some situations may involve account that some situations may involve humanitarian emergencies and rescue at humanitarian emergencies and rescue at sea; sea in accordance with Union and international law; (da) provide technical and operational assistance to Member States and third countries, in the context of search and rescue operations for persons in distress at sea in accordance with Regulation (EU) No 656/2014 and international law; (e) set up and deploy European Border (e) set up and deploy European Border and Coast Guard Teams, including a rapid and Coast Guard Teams, including a rapid reserve pool, that are to be deployed during reaction pool, that are to be deployed joint operations and rapid border during joint operations and rapid border interventions and in the framework of the interventions and in the framework of the
PE578.803v02-00 40/193 RR\1097326EN.doc EN migration management support teams; migration management support teams; (f) set up a technical equipment pool to (f) set up a technical equipment pool to be deployed in joint operations, rapid be deployed in joint operations, rapid border interventions and in the framework border interventions and in the framework of migration management support teams, of migration management support teams, as well as in return operations and return as well as in return operations and return interventions; interventions; (g) deploy European Border and Coast (g) deploy European Border and Coast Guard Teams and technical equipment to Guard Teams and technical equipment to provide assistance in screening, provide assistance in screening, identification and fingerprinting in the identification and fingerprinting and framework of the migration management establish mechanisms for the support teams at hotspot areas; identification, provision of initial information to and onward referral of persons who are in need of, or wish to apply for, international protection in the framework of the migration management support teams at hotspot areas, in cooperation with the European Asylum Support Office (EASO) and national authorities; (h) support the development of (h) support the development of technical standards for equipment, common technical standards for especially for tactical level command, equipment, especially for tactical level control and communication as well as command, control and communication as technical surveillance to ensure well as technical surveillance to ensure interoperability at Union and national interoperability at Union and national level; level; (i) deploy the necessary equipment (i) deploy the necessary equipment and staff for the rapid reserve pool for the and staff for the rapid reaction pool for the practical execution of the measures needed practical execution of the measures needed to be taken in a situation requiring urgent to be taken in a situation requiring urgent action at the external borders; action at the external borders; (j) assist Member States in (j) assist Member States in circumstances requiring increased technical circumstances requiring increased technical assistance and operational assistance for assistance and operational assistance for implementing the obligation to return implementing the obligation to return those illegally staying third-country nationals, third-country nationals, who are the including through the coordination or subject of return decisions issued by a organisation of return operations; Member State in accordance with Directive 2008/115/EC, including through the coordination or organisation of return operations; (ja) support Member States in circumstances requiring increased technical and operational assistance at
RR\1097326EN.doc 41/193 PE578.803v02-00 EN the external borders in the fight against organised cross-border crime and terrorism, in cooperation with Europol and Eurojust; (k) set up pools of forced return (k) set up pools of forced return monitors, forced return escorts and return monitors, forced return escorts and return specialists; specialists; (l) set up and deploy European Return (l) set up and deploy European Return Intervention Teams during return Intervention Teams during return interventions; interventions; (m) assist Member States on training of (m) assist Member States on training of national border guards and experts on national border guards and experts on return, including the establishment of return, including the establishment of common training standards; common training standards; (n) participate in the development and (n) monitor and participate in the management of research and innovation development and management of research activities relevant for the control and and innovation activities relevant for the surveillance of external borders, including control and surveillance of external the use of advanced surveillance borders, and develop pilot projects technology such as remotely piloted regarding matters covered by this aircraft systems and develop pilot projects Regulation; regarding matters covered by this Regulation; (o) develop and operate, in accordance (o) develop and operate, in accordance with Regulation (EC) No 45/2001 and with Regulation (EC) No 45/200140 and Framework Decision 2008/977/JHA, Framework Decision 2008/977/JHA, information systems that enable swift and information systems that enable swift and reliable exchanges of information reliable exchanges of information regarding emerging risks at the regarding emerging risks at the management of the external borders, management of the external borders, irregular immigration and return, in close irregular migration and return, in close cooperation with the Commission, Union cooperation with the Commission, Union agencies, bodies and offices as well as the agencies, bodies and offices as well as the European Migration Network established European Migration Network established by Council Decision 2008/381/EC; by Council Decision 2008/381/EC; (p) provide the necessary assistance for (p) provide the necessary assistance for the development and operation of a the development and operation of a European border surveillance system and, European border surveillance system and, as appropriate, to the development of a as appropriate, to the development of a common information-sharing environment, common information-sharing environment, including interoperability of systems, in including interoperability of systems, in particular by developing, maintaining and particular by developing, maintaining and coordinating the Eurosur framework in coordinating the Eurosur framework in accordance with Regulation (EU) No accordance with Regulation (EU) No 1052/2013; 1052/2013;
PE578.803v02-00 42/193 RR\1097326EN.doc EN (pa) adopt and promote the highest standards for border management practices, allowing for transparency and public scrutiny and ensuring respect for and protection and promotion of fundamental rights and rule of law; (q) cooperate with the European (q) cooperate with the European Fisheries Control Agency and the Fisheries Control Agency and the European Maritime Safety Agency to European Maritime Safety Agency, each support the national authorities carrying within their mandate, to support the out coast guard functions by providing national authorities carrying out coast services, information, equipment and guard functions by providing services, training, as well as by coordinating information, equipment and training, as multipurpose operations; well as by coordinating multipurpose operations; (r) assist Member States and third (r) assist Member States and third countries in the context of operational countries in the context of technical and cooperation between them in the fields of operational cooperation between them in external border management and return. matters covered by its activities and to the extent required for the fulfilment of its tasks; (ra) assist in sharing the information, equipment and all other capabilities of the European Fisheries Control Agency and the European Maritime Safety Agency, if their support is needed in order to perform specific tasks like, but not limited to, search and rescue. 2. Member States may continue 2. Member States may continue cooperation at an operational level with cooperation at an operational level with other Member States and/or third other Member States, where such countries at external borders, including cooperation is compatible with the tasks of military operations on a law enforcement the Agency. Member States shall refrain mission and in the field of return, where from any activity which could jeopardise such cooperation is compatible with the the functioning of the Agency or the action of the Agency. Member States shall attainment of its objectives. refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives. Member States shall report to the Agency Member States shall report to the Agency on that operational cooperation with other on that operational cooperation with other Member States and/or third countries at the Member States and/or third countries at the external borders and in the field of return. external borders and in the field of return. The Executive Director of the Agency (‘the The Executive Director of the Agency (‘the Executive Director’) shall inform the Executive Director’) shall inform the Management Board of the Agency (‘the Management Board of the Agency (‘the Management Board’) on those matters on a Management Board’) on those matters on a
RR\1097326EN.doc 43/193 PE578.803v02-00 EN regular basis and at least once a year. regular basis and at least once a year. 3. The Agency may engage in 3. The Agency shall engage in communication activities on its own communication activities in the fields initiative in the fields within its mandate. within its mandate. It shall provide the Communication activities shall not be public with accurate and detailed detrimental to the tasks referred to in information about its activities. paragraph 1 and shall be carried out in Communication activities shall not be accordance with relevant communication detrimental to the tasks referred to in and dissemination plans adopted by the paragraph 1 in particular by revealing Management Board. operational information which, if made public, would jeopardise attainment of the objective of operations. Communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board.
Amendment 61
Proposal for a regulation Article 8 – paragraph 1
Text proposed by the Commission Amendment
The Agency and the national authorities The Agency and the national authorities which are responsible for border which are responsible for border management, including coast guards to the management and for returns, including extent that they carry out border control coast guards to the extent that they carry tasks, shall be subject to a duty to out border control tasks, shall be subject to cooperate in good faith, and an obligation a duty to cooperate in good faith, and an to exchange information. obligation to exchange information.
Amendment 62
Proposal for a regulation Article 9
Text proposed by the Commission Amendment
The national authorities which are Pursuant to Article 4(3) of the Treaty on responsible for border management, European Union, the national authorities including coast guards to the extent that which are responsible for border they carry out border control tasks, shall management, including coast guards to the provide the Agency in a timely and extent that they carry out border control accurate manner with all the information tasks, shall provide the Agency in a timely
PE578.803v02-00 44/193 RR\1097326EN.doc EN necessary for the Agency to perform the and accurate manner with all the tasks conferred on it by this Regulation, in information necessary for the Agency to particular for the Agency to monitor the perform the tasks conferred on it by this migratory flows towards and within the Regulation, in particular for the Agency to Union, to carry out risk analysis and to monitor the migratory flows towards and perform the vulnerability assessment. within the Union, to carry out risk analysis in accordance with Article 10 of this Regulation and to perform the vulnerability assessment in accordance with Article 12 of this Regulation. If the Agency is not provided with accurate and speedy information, it may take that fact into account when performing the vulnerability assessment, unless duly justified reasons are provided for withholding the data.
Amendment 63
Proposal for a regulation Article 10
Text proposed by the Commission Amendment
1. The Agency shall establish a 1. The Agency shall monitor monitoring and risk analysis centre with migratory flows towards and within the the capacity to monitor migratory flows Union and forecast situations, trends and towards and within the Union. For this other possible challenges at the external purpose, the Agency shall develop a border of the Union. For this purpose, the common integrated risk analysis model, Agency shall develop a common integrated which shall be applied by the Agency and risk analysis model, which shall be applied the Member States. by the Agency and the Member States, and carry out the vulnerability assessment in accordance with Article 12. 2. The Agency shall prepare general 2. The Agency shall prepare general and tailored risk analyses and submit it to and tailored risk analyses and submit them the Council and the Commission. to the European Parliament, the Council and the Commission. Where appropriate, such risk analyses shall be carried out in cooperation with other relevant Union agencies, such as the EASO and Europol. 3. The risk analysis prepared by the 3. The risk analysis prepared by the Agency shall cover all aspects relevant to Agency shall cover all aspects relevant to the European integrated border the European integrated border management, in particular border control, management with a view to developing a
RR\1097326EN.doc 45/193 PE578.803v02-00 EN return, irregular secondary movements of pre-warning mechanism. third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union. 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 threats at the external borders and in the field of return. Member States shall field of return. Member States shall regularly or upon the request of the Agency regularly or upon the request of the Agency provide it with all relevant information provide it with all relevant information such as statistical and operational data such as statistical and operational data collected in relation to the implementation collected in relation to the implementation of the Schengen acquis as well as of the Schengen acquis as well as information and intelligence derived from information and intelligence derived from the analysis layer of the national situational the analysis layer of the national situational picture established in accordance with picture established in accordance with Regulation (EU) No 1052/2013. Regulation (EU) No 1052/2013. 5. The results of the risk analysis shall 5. The results of the risk analysis shall be submitted to the Supervisory Board and be submitted to the Advisory Board and to to the Management Board. the Management Board. 6. Member States shall take results of 6. Member States shall take results of the risk analysis into account when the risk analysis into account when planning their operations and activities at planning their operations and activities at the external borders as well as their the external border as well as their activities with regard to return. activities with regard to return. 7. The Agency shall incorporate the 7. The Agency shall incorporate the results of a common integrated risk results of a common integrated risk analysis model in its development of the analysis model in its development of the common core curricula for the training of common core curricula for the training of border guards and of staff involved in border guards and of staff involved. return-related tasks.
Amendment 64
Proposal for a regulation Article 11
PE578.803v02-00 46/193 RR\1097326EN.doc EN
Text proposed by the Commission Amendment
1. The Agency shall ensure regular 1. The Agency shall ensure regular monitoring of the management of the monitoring of the management of the external borders through liaison officers of external borders through liaison officers of the Agency in Member States. the Agency in all Member States. 2. The Executive Director shall 2. The Executive Director shall appoint experts from the staff of the appoint experts from the staff of the Agency to be deployed as liaison officers. Agency to be deployed as liaison officers. The Executive Director shall, based on risk The Executive Director shall, based on risk analysis and in consultation with the analysis and in consultation with the Management Board, determine the nature Management Board, determine the nature of the deployment, the Member State to of the deployment. The Executive Director which a liaison officer may be deployed shall notify the Member State concerned of and the duration of the deployment. The the appointment and shall determine, Executive Director shall notify the Member together with the Member State, the State concerned of the appointment and location of deployment. shall determine, together with the Member State, the location of deployment. 3. The liaison officers shall act on 3. The liaison officers shall act on behalf of the Agency and their role shall be behalf of the Agency and their role shall be to foster cooperation and dialogue between to foster cooperation and dialogue between the Agency and the national authorities the Agency and the national authorities which are responsible for border which are responsible for border management, including coast guards to the management, including coast guards to the extent that they carry out border control extent that they carry out border control tasks. The liaison officers shall, in tasks. The liaison officers shall, in particular: particular: (a) act as an interface between the (a) act as an interface between the Agency and the national authorities Agency and the national authorities 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; they carry out border control tasks; (aa) support the collection of information required by the Agency for the monitoring of irregular migration and risk analyses referred in Article 10; (b) support the collection of (b) support the collection of information required by the Agency for information required by the Agency for carrying out the vulnerability assessment carrying out the vulnerability assessment referred to in Article 12; referred to in Article 12; (c) monitor the measures taken by the (c) monitor the measures taken by the Member State at border sections to which a Member State at border sections to which a high impact level has been attributed in high impact level has been attributed in accordance with Regulation (EU) No accordance with Regulation (EU)
RR\1097326EN.doc 47/193 PE578.803v02-00 EN 1052/2013; No 1052/2013; (ca) observe and promote the application of the Union acquis relating to the management of external borders, including with regard to respect for fundamental rights and international protection; (d) assist the Member States in (d) assist the Member States in preparing their contingency plans; preparing their contingency plans; (da) facilitate the communication between the Member State and the Agency, share relevant information from the Agency with the Member State, including information about ongoing operations; (e) report regularly to the Executive (e) report regularly to the Executive Director on the situation at the external Director on the situation at the external border and the capacity of the Member border and the capacity of the Member State concerned to deal effectively with the State concerned to deal effectively with the situation at the external borders; situation at the external borders; (f) monitor the measures taken by the (f) monitor the measures taken by the Member State with regard to a situation Member State with regard to a situation requiring urgent action at the external requiring urgent action at the external borders as referred to in Article 18; borders as referred to in Article 18; 4. For the purposes of paragraph 3, the 4. For the purposes of paragraph 3, the liaison officer shall, inter alia: liaison officer shall, inter alia: (a) have unlimited access to the (a) have access to the national national coordination centre and the coordination centre and the national national situational picture established in situational picture established in accordance with Regulation (EU) No accordance with Regulation (EU) No 1052/2013; 1052/2013; (b) have access to national and (b) have access, where necessary, to European information systems available in European information systems available in the national coordination centre, on the national coordination centre, on condition that he or she complies with the condition that he or she complies with the national and EU security and data national and EU security and data protection rules; protection rules; (c) keep regular contacts with national (c) keep regular contacts with national authorities which are responsible for border authorities which are responsible for border management, including coast guards to the management, including coast guards to the extent that they carry out border control extent that they carry out border control tasks, whilst informing the head of the tasks, whilst informing the head of the national coordination centre. national coordination centre. 5. The report of the liaison officer 5. The report of the liaison officer
PE578.803v02-00 48/193 RR\1097326EN.doc EN shall form part of the vulnerability shall form part of the vulnerability assessment referred to in Article 12. assessment as referred to in Article 12. The report shall be transmitted to the Member State concerned. 6. In carrying out their duties, the 6. In carrying out their duties, the liaison officers shall take instructions only liaison officers shall take instructions only from the Agency. from the Agency.
Amendment 65
Proposal for a regulation Article 12
Text proposed by the Commission Amendment
1. The Agency shall assess the 1. As a preventative measure technical equipment, systems, capabilities, complementary to the Schengen resources and contingency plans of the evaluation mechanism, the Agency shall, Member States regarding border control. on a continuous basis, monitor the That assessment shall be based on preparedness and contingency plans of the information provided by the Member State Member States with regard to border and by the liaison officer, on information control. derived from Eurosur, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency. The vulnerability assessment is intended to allow the Agency to assess the capacity and preparedness of Member States to tackle upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reaction pool referred to in Article 19(5).
RR\1097326EN.doc 49/193 PE578.803v02-00 EN Elements to be monitored shall include the capacity to handle the potential arrival of large numbers of persons, many of whom may be in need of international protection, humanely and with full respect for fundamental rights, and the availability of technical equipment, systems, capabilities, resources, infrastructure and adequately skilled and trained personnel in sufficient numbers. On the basis of the risk analysis prepared in accordance with Article 10(3), the Executive Director shall present to the Management Board a proposal for a decision laying down objective criteria against which the Agency shall carry out the vulnerability assessment. The Management Board shall decide on the criteria based on this proposal. 1a. The vulnerability assessment shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the land and sea sections of the external borders of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency. 2. Member States shall, at the request 2. Member States shall, at the request of the Agency, provide information as of the Agency, provide information as regards technical equipment, staff and regards technical equipment, staff, financial resources available at national financial resources and the elements level to carry out border control and they referred to in the third subparagraph of shall submit their contingency plans. paragraph 1 available at national level to carry out border control and they shall submit their contingency plans. 3. The aim of the vulnerability assessment is for the Agency to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures,
PE578.803v02-00 50/193 RR\1097326EN.doc EN possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5). That assessment is without prejudice to the Schengen evaluation mechanism. 4. The results of the vulnerability 4. The results of the vulnerability assessment shall be submitted to the assessment shall be submitted to the Supervisory Board, which shall advise the Advisory Board, which shall advise the Executive Director on the measures to be Executive Director on the measures to be taken by the Member States based on the taken by the Member States based on the results of the vulnerability assessment, and results of the vulnerability assessment, and taking into account the Agency’s risk taking into account the Agency’s risk analysis and the results of the Schengen analysis and the results of the Schengen evaluation mechanism. evaluation mechanism. 5. The Executive Director shall adopt 5. The Executive Director shall adopt a decision setting out the necessary a decision setting out the necessary corrective measures to be taken by the corrective measures to be taken by the Member State concerned, including by Member State concerned including by using resources under the Union financial using resources under the Union financial instruments. The decision of the Executive instruments. The decision of the Executive Director shall be binding on the Member Director shall be binding on the Member State and shall lay down the time-limit State and shall lay down the time-limit within which the measures are to be taken. within which the measures are to be taken. 6. Where a Member State does not 6. Where a Member State does not adopt the necessary corrective measures adopt the necessary corrective measures within the time-limit set, the Executive within the time-limit set, the Executive Director shall refer the matter to the Director shall notify the Management Management Board and notify the Board and the Commission. Further action Commission. The Management Board may be taken by the Commission in shall adopt a decision setting out the accordance with Article 18. necessary corrective measures to be taken by the Member State concerned, including the time-limit within which such measures shall be taken. If the Member State does not take the measures within the time- limit foreseen in that decision, further action may be taken by the Commission in accordance with Article 18. 6a. The results of the vulnerability assessment shall be transmitted on a regular basis and at least every six months to the European Parliament and the Council.
RR\1097326EN.doc 51/193 PE578.803v02-00 EN Amendment 66
Proposal for a regulation Article 13
Text proposed by the Commission Amendment
1. Member States may request the 1. Member States may request the Agency for assistance in implementing Agency for assistance in implementing their obligations with regard to the control their obligations with regard to the control of the external borders. The Agency shall of the external borders. The Agency shall also carry out measures as referred to in also carry out measures as referred to in Article 18. Article 18. 2. The Agency shall organise the 2. The Agency shall organise the appropriate technical and operational appropriate technical and operational assistance for the host Member State and it assistance for the host Member State and it may take one or more of the following may, acting in accordance with the measures: relevant Union and international law, including the principle of non- refoulement, take one or more of the following measures: (a) coordinate joint operations for one (a) coordinate joint operations for one or more Member States and deploy or more Member States and deploy European Border and Coast Guard Teams; European Border and Coast Guard Teams; (b) organise rapid border interventions (b) organise rapid border interventions and deploy European Border and Coast and deploy European Border and Coast Guard Teams from the rapid reserve pool, Guard Teams from the rapid reaction pool, and additional European Border and Coast and additional European Border and Coast Guards Teams as appropriate; Guards Teams as appropriate; (c) coordinate activities for one or (c) coordinate activities for one or more Member States and third countries at more Member States and third countries at the external borders, including joint the external borders, including joint operations with neighbouring third operations with neighbouring third countries; countries; (d) deploy European Border and Coast (d) deploy European Border and Coast Guard Teams in the framework of the Guard Teams in the framework of the migration management support teams at migration management support teams at hotspot areas; hotspot areas; (da) provide technical and operational assistance to Member States and third countries, in the context of search and rescue operations for persons in distress at sea in accordance with Regulation (EU) No 656/2014 and international law ; (e) deploy its own experts as well as (e) deploy its own experts as well as
PE578.803v02-00 52/193 RR\1097326EN.doc EN members of the teams who had been members of the teams who had been seconded by the Member States to the seconded by the Member States to the Agency to support the competent national Agency to support the competent national authorities of the Member States involved authorities of the Member States involved for the appropriate duration; for the appropriate duration; (f) deploy technical equipment. (f) deploy technical equipment. 3. The Agency shall finance or co- 3. The Agency shall finance or co- finance the activities set out in paragraph 2 finance the activities set out in paragraph 2 with grants from its budget in accordance from its budget and through contracts in with the financial rules applicable to the accordance with the financial rules Agency. applicable to the Agency. 3a. If there is an increased financial need due to a situation at the external borders, the Agency shall inform the European Parliament, the Council and the Commission thereof without delay.
Amendment 67
Proposal for a regulation Article 14
Text proposed by the Commission Amendment
Initiating joint operations and rapid border Initiating joint operations at the external interventions at the external borders borders 1. Member States may request the 1. Member States may request the Agency to launch joint operations to face Agency to launch joint operations to face upcoming challenges, including present or upcoming challenges, including irregular future threats at the external borders migration, present or future threats at the resulting from irregular immigration or external borders or cross-border crime, cross-border crime, or to provide increased such as the criminal smuggling of technical and operational assistance when persons, trafficking in human beings and implementing their obligations with regard terrorism, or to provide increased technical to the control of the external borders. and operational assistance when implementing their obligations with regard to the control of the external borders. 2. At the request of a Member State faced with a situation of specific and disproportionate pressures, especially the arrival at points of the external borders of large numbers of third-country nationals trying to enter the territory of that Member State illegally, the Agency may deploy a rapid border intervention for a
RR\1097326EN.doc 53/193 PE578.803v02-00 EN limited period of time on the territory of that host Member State. 3. The Executive Director shall 3. The Executive Director shall evaluate, approve and coordinate proposals evaluate, approve and coordinate proposals for joint operations made by Member for joint operations made by Member States. Joint operations and rapid border States. Joint operations shall be preceded interventions shall be preceded by a by a thorough, reliable and up-to-date risk thorough, reliable and up-to-date risk analysis, thereby enabling the Agency to analysis, thereby enabling the Agency to set an order of priority for the proposed set an order of priority for the proposed joint operations taking into account the joint operations and rapid border impact level to external border sections in interventions, taking into account the accordance with Regulation (EU) No impact level to external border sections in 1052/2013 and the availability of accordance with Regulation (EU) resources. No 1052/2013 and the availability of resources. 4. The Executive Director shall, on 4. The Executive Director shall, on the advice of the Supervisory Board based the advice of the Advisory Board based on on the results of the vulnerability the results of the vulnerability assessment, assessment, and taking into account the and taking into account the Agency’s risk Agency’s risk analysis and the analysis analysis and the analysis layer of the layer of the European situational picture European situational picture established in established in accordance with Regulation accordance with Regulation (EU) No (EU) No 1052/2013, recommend to the 1052/2013, recommend to the Member Member State concerned to initiate and State concerned to initiate and carry out carry out joint operations or rapid border joint operations. The Agency shall put its interventions. The Agency shall put its technical equipment at the disposal of the technical equipment at the disposal of the host or participating Member States. host or participating Member States. 5. The objectives of a joint operation 5. The objectives of a joint operation or rapid border intervention may be may be achieved as part of a multipurpose achieved as part of a multipurpose operation which may involve the rescue of operation which may involve the rescue of persons in distress at sea or other coast persons in distress at sea or other coast guard functions, the fight against the guard functions, the fight against migrant criminal smuggling of persons, trafficking smuggling or trafficking in human beings, in human beings, drug trafficking control drug trafficking control operations, and operations, in cooperation with Europol, migration management including and migration management including identification, registration, debriefing and identification, registration, debriefing and return. return.
Amendment 68
Proposal for a regulation Article 15 – paragraph 3 – point d
PE578.803v02-00 54/193 RR\1097326EN.doc EN
Text proposed by the Commission Amendment
(d) a description of the tasks and (d) a description of the tasks, special instructions for the European responsibilities and special instructions for Border and Coast Guard Teams, including the European Border and Coast Guard on permissible consultation of databases Teams, including on permissible and permissible service weapons, consultation of databases and permissible ammunition and equipment in the host service weapons, ammunition and Member State; equipment in the host Member State;
Amendment 69
Proposal for a regulation Article 15 – paragraph 3 – point d a (new)
Text proposed by the Commission Amendment
(da) a description of the fundamental rights implications and risks of the joint operation;
Amendment 70
Proposal for a regulation Article 15 – paragraph 3 – point i
Text proposed by the Commission Amendment
(i) a reporting and evaluation scheme (i) a reporting and evaluation scheme containing benchmarks for the evaluation containing benchmarks for the evaluation report and final date of submission of the report, including with regard to the final evaluation report; protection of fundamental rights, and final date of submission of the final evaluation report;
Amendment 71
Proposal for a regulation Article 16
RR\1097326EN.doc 55/193 PE578.803v02-00 EN
Text proposed by the Commission Amendment
-1. At the request of a Member State faced with a situation of specific and disproportionate pressures, especially the arrival at points of the external borders of large numbers of third-country nationals trying to enter the territory of that Member State irregularly, the Agency may deploy a rapid border intervention for a limited period of time on the territory of that host Member State. 1. A request by a Member State to 1. A request by a Member State to launch a rapid border intervention shall launch a rapid border intervention shall include a description of the situation, include a description of the situation, possible aims and envisaged needs. If possible aims and envisaged needs. If required, the Executive Director may required, the Executive Director may immediately send experts from the Agency immediately send experts from the Agency to assess the situation at the external to assess the situation at the external borders of the Member State concerned. borders of the Member State concerned. 2. The Executive Director shall 2. The Executive Director shall immediately inform the Management immediately inform the Management Board of a Member State’s request to Board of a Member State’s request to launch a rapid border intervention. launch a rapid border intervention. 3. When deciding on the request of a 3. When deciding on the request of a Member State, the Executive Director shall Member State, the Executive Director shall take into account the findings of the take into account the findings of the Agency’s risk analyses and the analysis Agency’s risk analyses and the analysis layer of the European situational picture layer of the European situational picture established in accordance with Regulation established in accordance with Regulation (EU) No 1052/2013 as well as the outcome (EU) No 1052/2013 as well as the outcome of the vulnerability assessment referred to of the vulnerability assessment referred to in Article 12 and any other relevant in Article 12 and any other relevant information provided by the Member State information provided by the Member State concerned or another Member State. concerned or another Member State. 4. The Executive Director shall take a 4. The Executive Director shall take a decision on the request for launching a decision on the request for launching a rapid border intervention within two rapid border intervention within two working days from the date of the receipt working days from the date of the receipt of the request. The Executive Director shall of the request. The Executive Director shall simultaneously notify the Member State simultaneously notify the Member State concerned and the Management Board in concerned and the Management Board in writing of the decision. The decision shall writing of the decision. The decision shall state the main reasons on which it is based. state the main reasons on which it is based. 5. If the Executive Director decides to 5. If the Executive Director decides to launch a rapid border intervention, he or launch a rapid border intervention, he or
PE578.803v02-00 56/193 RR\1097326EN.doc EN she shall deploy European Border and she shall deploy European Border and Coast Guard Teams from the rapid reserve Coast Guard Teams from the rapid pool in accordance with Article 19(5), and reaction pool in accordance with Article where necessary, he or she shall decide on 19(5), and where necessary, he or she shall the immediate reinforcement by one or decide on the immediate reinforcement by more European Border and Coast Guard one or more European Border and Coast Teams, in accordance with Article 19(6). Guard Teams, in accordance with Article 19(6). 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 an operational plan as referred to in Article 15(3) immediately and in any event no 15(3) immediately and in any event no later than three working days from the date later than three working days from the date of the decision. of the decision. 7. As soon as the operational plan has 7. As soon as the operational plan has been agreed upon, the Executive Director been agreed upon, the Executive Director shall request the Member States to shall request the Member States to immediately deploy the border guards that immediately deploy the border guards that form part of the rapid reserve pool. The form part of the rapid reaction pool. The Executive Director shall indicate the Executive Director shall indicate the profiles and numbers of border guards, profiles and numbers of border guards, required from each Member State from required from each Member State from among those identified in the existing rapid among those identified in the existing rapid reserve pool. reaction pool. 8. In parallel, and where necessary, to 8. In parallel, and where necessary, to secure the immediate reinforcement of the secure the immediate reinforcement of the European Border and Coast Guard Teams European Border and Coast Guard Teams deployed from the rapid reserve pool, the deployed from the rapid reaction pool, the Executive Director shall inform the Executive Director shall inform the Member States of the requested number Member States of the requested number and profiles of border guards which are to and profiles of border guards which are to be additionally deployed. This information be additionally deployed. This information shall be provided, in writing to the national shall be provided, in writing to the national contact points and shall indicate the date on contact points and shall indicate the date on which the deployment is to take place. A which the deployment is to take place. A copy of the operational plan shall also be copy of the operational plan shall also be provided to them. provided to them. 9. If the Executive Director is absent 9. If the Executive Director is absent or indisposed, the decisions related to the or indisposed, the decisions related to the deployment of the rapid reserve pool and deployment of the rapid reaction pool and any additional deployment of European any additional deployment of European Border and Coast Guard Teams shall be Border and Coast Guard Teams shall be taken by the Deputy Executive Director. taken by the Deputy Executive Director. 10. Member States shall ensure that the 10. Member States shall ensure that the border guards assigned to the rapid reserve border guards assigned to the rapid pool are immediately and without reaction pool are immediately and without exception made available to the Agency. exception made available to the Agency to
RR\1097326EN.doc 57/193 PE578.803v02-00 EN Member States shall also make additional guarantee a complete deployment within border guards available for the deployment three working days after the date on of European Border and Coast Guard which the operational plan is agreed. Teams at the request of the Agency, unless Member States shall also make additional they are faced with an exceptional situation border guards available for the deployment substantially affecting the discharge of of European Border and Coast Guard national tasks. Teams at the request of the Agency, unless they are faced with an exceptional situation substantially affecting the discharge of national tasks. 11. Deployment of the rapid reserve 11. Deployment of the rapid reaction pool shall take place no later than three pool shall take place no later than three working days after the date on which the working days after the date on which the operational plan is agreed between the operational plan is agreed between the Executive Director and the host Member Executive Director and the host Member State. Additional deployment of European State. Additional deployment of European Border and Coast Guard Teams, shall take Border and Coast Guard Teams, shall take place where necessary, within five working place where necessary, within five working days of the deployment of the rapid reserve days of the deployment of the rapid pool. reaction pool.
Amendment 72
Proposal for a regulation Article 17
Text proposed by the Commission Amendment
1. Where a Member State faces 1. Where a Member State faces disproportionate migratory pressures at disproportionate migratory pressures at particular hotspot areas of its external particular hotspot areas of its external border characterised by large influxes of borders characterised by large influxes of mixed migratory flows, that Member State mixed migratory flows, that Member State may request the operational and technical may request the operational and technical reinforcement by migration management reinforcement by migration management support teams. That Member State shall support teams. That Member State shall submit a request for reinforcement and an submit a request for reinforcement and an assessment of its needs to the Agency and assessment of its needs to the Agency and other relevant Union Agencies in particular other relevant Union Agencies in particular the European Asylum Support Office and EASO and Europol. Europol. 2. The Executive Director, in 2. The Executive Director, in coordination with other relevant Union coordination with other relevant Union Agencies, shall assess the request for Agencies, shall assess the request for assistance of a Member State and the assistance of a Member State and the assessment of its needs for the purpose of assessment of its needs for the purpose of
PE578.803v02-00 58/193 RR\1097326EN.doc EN defining a comprehensive reinforcement defining a comprehensive reinforcement package consisting of various activities package consisting of various activities coordinated by the relevant Union coordinated by the relevant Union Agencies to be agreed upon by the Member Agencies to be agreed upon by the Member State concerned. State concerned. 2a. The Commission shall be responsible for coordinating swift cooperation between the different agencies and migration management support teams. 3. The operational and technical 3. The operational and technical reinforcement provided by the European reinforcement provided by the European Border and Coast Guard Teams, the Border and Coast Guard Teams, the European Return Intervention Teams and European Return Intervention Teams and experts from the Agency’s staff in the experts from the Agency’s staff in the framework of the migration management framework of the migration management support teams, may include: support teams, may include: (a) the screening of third-country (a) providing assistance in the nationals arriving at the external borders, screening of third-country nationals including the identification, registration, arriving at the external borders, including and debriefing of those third-country the identification, registration, and nationals and, where requested by the debriefing of those third-country nationals Member State, the fingerprinting of third- and, where requested by the Member State, country nationals; the fingerprinting of third-country nationals in full respect for fundamental rights and providing information regarding the purpose and outcome of all procedures; (b) the provision of information to persons in clear need of international protection or to applicants or potential applicants for relocation; (ba) the referral of persons who wish to apply for international protection to asylum experts of the national authorities of the Member State concerned or EASO; (c) technical and operational assistance (c) technical and operational assistance in the field of return, including the in the field of return, including the preparation and organisation of return preparation and organisation of return operations. operations. 3a. Migration management support teams shall include experts in child protection, trafficking in human beings, protection against gender-based persecution and fundamental rights.
RR\1097326EN.doc 59/193 PE578.803v02-00 EN 4. The Agency shall assist the 4. The Agency shall assist the Commission in the coordination of the Commission in the coordination of the activities of the migration management activities of the migration management support teams, in cooperation with the support teams, in cooperation with the other relevant Union Agencies. other relevant Union Agencies. 4a. The Agency, in cooperation with EASO, the Fundamental Rights Agency and other relevant Union agencies and under the coordination of the Commission, shall ensure the compliance of those activities with the Common European Asylum System and fundamental rights. This includes the provision of shelter, hygienic conditions and facilities respecting the needs of women and children in the hotspot areas.
Amendment 73
Proposal for a regulation Article 18
Text proposed by the Commission Amendment
1. Where a Member State does not 1. Where a Member State does not take the necessary corrective measures in take the necessary corrective measures in accordance with a decision of the accordance with a decision referred to in Management Board referred to in Article Article 12(5) or in the event of 12(6) or in the event of disproportionate disproportionate migratory pressure at the migratory pressure at the external border, external border rendering the control of the rendering the control of the external external borders ineffective to such an borders ineffective to such an extent that it extent that it risks putting in jeopardy the risks putting in jeopardy the functioning of functioning of the Schengen area as an the Schengen area, the Commission, after area without internal border control, the consulting the Agency, may adopt a Commission, after consulting the Agency, decision by means of an implementing act, may present to the Council a proposal for identifying the measures to be an implementing decision, identifying the implemented by the Agency and requiring measures to be implemented by the the Member State concerned to cooperate Agency and requiring the Member State with the Agency in the implementation of concerned to cooperate with the Agency in those measures. Those implementing acts the implementation of those measures. shall be adopted in accordance with the That implementing decision shall be examination procedure referred to in adopted by the Council with a qualified Article 79(2). majority vote. On duly justified imperative grounds of urgency relating to the functioning of the
PE578.803v02-00 60/193 RR\1097326EN.doc EN Schengen area, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 79(5). The Council shall meet immediately following receipt of the Commission proposal. 1a. If a situation requiring urgent action arises, the European Parliament shall be informed of that situation without delay and shall be informed of all subsequent measures and decisions taken in response. 2. For the purposes of paragraph 1, the 2. For the purposes of paragraph 1, the Commission shall provide for one or more Commission shall provide for one or more of the following measures to be taken by of the following measures to be taken by the Agency: the Agency: (a) organise and coordinate rapid (a) organise and coordinate rapid border interventions and deploy European border interventions and deploy European Border and Coast Guard Teams from the Border and Coast Guard Teams from the rapid reserve pool, and additional rapid reaction pool, and additional European Border and Coast Guards Teams European Border and Coast Guards Teams as appropriate; as appropriate; (b) deploy European Border and Coast (b) deploy European Border and Coast Guard Teams in the framework of the Guard Teams in the framework of the migration management support teams at migration management support teams at hotspot areas; hotspot areas; (c) coordinate activities for one or (c) coordinate activities for one or more Member States and third countries at more Member States and third countries at the external borders, including joint the external borders, including joint operations with neighbouring third operations with neighbouring third countries; countries; (d) deploy technical equipment; (d) deploy technical equipment; (e) organise return interventions. (e) organise return interventions. 3. The Executive Director shall, 3. The Executive Director shall, within two working days from the date of within two working days from the date of adoption of the Commission decision, and adoption of the Council decision, and on on the advice of the Supervisory Board, the advice of the Advisory Board: determine the actions needed to be taken for the practical execution of the measures identified in the Commission decision, including the technical equipment as well as the number and profiles of the border guards and other relevant staff needed to meet the
RR\1097326EN.doc 61/193 PE578.803v02-00 EN objectives of that decision. (a) determine the actions needed to be taken for the practical execution of the measures identified in the Commission decision, including the technical equipment as well as the number and profiles of the border guards and other relevant staff needed to meet the objectives of that decision; (b) submit a draft operational plan to the Member State concerned. 4. In parallel and within the same 4. The Executive Director and the two working days, the Executive Director Member State concerned shall agree upon shall submit a draft operational plan to the operational plan within two working the Member State concerned. The days from the date of its submission. Executive Director and the Member State concerned shall draw up the operational plan within two working days from the date of its submission. 5. The Agency shall, without delay 5. The Agency shall, without delay and in any case within three working days and in any case within three working days from establishment of the operational plan, from establishment of the operational plan, deploy the necessary technical equipment deploy the necessary technical equipment and staff from the rapid reserve pool and staff from the rapid reaction pool referred to in Article 19(5) for the practical referred to in Article 19(5) for the practical execution of the measures set out in the execution of the measures set out in the Commission decision. Additional technical Council decision. Additional technical equipment and European Border and Coast equipment and European Border and Coast Guard Teams shall be deployed as Guard Teams shall be deployed as necessary at a second stage and in any case necessary at a second stage and in any case within five working days from the within five working days from the deployment of the rapid reserve pool. deployment of the rapid reaction pool. 6. The Member State concerned shall 6. The Member State concerned shall comply with the Commission decision and comply with the Council decision and for for that purpose it shall immediately that purpose it shall immediately cooperate cooperate with the Agency and take the with the Agency and take the necessary necessary action to facilitate the action to facilitate the implementation of implementation of that decision and the that decision and the practical execution of practical execution of the measures set out the measures set out in that decision and in in that decision and in the operational plan the operational plan agreed upon with the agreed upon with the Executive Director. Executive Director. 7. The Member States shall make 7. The Member States shall make available the border guards and other available the border guards and other relevant staff determined by the Executive relevant staff determined by the Executive Director in accordance with paragraph 2. Director in accordance with paragraph 2. The Member States may not invoke the The Member States may not invoke the
PE578.803v02-00 62/193 RR\1097326EN.doc EN exceptional situation referred to in Article exceptional situation referred to in Article 19(3) and (6). 19(3) and (6). 7a. The Commission shall monitor the proper implementation of the measures identified in the Council decision and the actions taken, for that purpose, by the Agency and Member States in order to ensure a proper European border management.
Amendment 74
Proposal for a regulation Article 19
Text proposed by the Commission Amendment
1. The Agency shall deploy border 1. The Agency shall deploy border guards and other relevant staff as members guards and other relevant staff as members of the European Border and Coast Guard of the European Border and Coast Guard Teams to joint operations, rapid border Teams to joint operations, rapid border interventions and in the framework of the interventions and in the framework of the migration management support teams. The migration management support teams. The Agency may also deploy experts from its Agency may also deploy experts from its own staff. own staff. 2. On a proposal by the Executive 2. On a proposal by the Executive Director, the Management Board shall Director, the Management Board shall decide by an absolute majority of its decide by an absolute majority of its members with a right to vote on the members with a right to vote on the profiles and the overall number of border profiles and the overall number of border guards to be made available for the guards to be made available for the European Border and Coast Guard Teams. European Border and Coast Guard Teams. The same procedure shall apply with The same procedure shall apply with regard to any subsequent changes in the regard to any subsequent changes in the profiles and the overall numbers. Member profiles and the overall numbers. Member States shall contribute to the European States shall contribute to the European Border and Coast Guard Teams through a Border and Coast Guard Teams through a national pool on the basis of the various national pool on the basis of the various defined profiles by nominating border defined profiles by nominating border guards corresponding to the required guards corresponding to the required profiles. profiles. 3. The contribution by Member States 3. The contribution by Member States as regards their border guards to specific as regards their border guards to specific joint operations for the following year shall joint operations for the following year shall be planned on the basis of annual bilateral be planned on the basis of annual bilateral
RR\1097326EN.doc 63/193 PE578.803v02-00 EN negotiations and agreements between the negotiations and agreements between the Agency and Member States. In accordance Agency and Member States. In accordance with those agreements, Member States with those agreements, Member States shall make the border guards available for shall make the border guards available for deployment at the request of the Agency, deployment at the request of the Agency, unless they are faced with an exceptional unless they are faced with an exceptional situation substantially affecting the situation substantially affecting the discharge of national tasks. Such a request discharge of national tasks. Such a request shall be made at least 21 working days shall be made at least 21 working days before the intended deployment. before the intended deployment. If a Member State invokes such an exceptional situation, it shall provide detailed reasons and information on the situation in a letter to the Agency, the content of which shall be included in the report referred to in paragraph 9. 4. As regards rapid border 4. As regards rapid border interventions, on a proposal by the interventions, on a proposal by the Executive Director of the Agency, the Executive Director of the Agency, the Management Board shall decide by a three- Management Board shall decide by a three- quarter majority on the profiles and the quarter majority on the profiles and the minimum number of border guards to be minimum number of border guards to be made available for a rapid reserve pool of made available for a rapid reaction pool of European Border and Coast Guard Teams. European Border and Coast Guard Teams. The same procedure shall apply with The same procedure shall apply with regard to any subsequent changes in the regard to any subsequent changes in the profiles and the overall number of border profiles and the overall number of border guards of the rapid reserve pool. Member guards of the rapid reaction pool. Member States shall contribute to the rapid reserve States shall contribute to the rapid reaction pool via a national expert pool on the basis pool via a national expert pool on the basis of the various defined profiles by of the various defined profiles by nominating border guards corresponding to nominating border guards corresponding to the required profiles. the required profiles. 5. The rapid reserve pool shall be a 5. The rapid reaction pool shall be a standing corps placed at the immediate standing corps placed at the immediate disposal of the Agency and which can be disposal of the Agency and which can be deployed from each Member State within deployed from each Member State within three working days from when the three working days from when the operational plan is agreed upon by the operational plan is agreed upon by the Executive Director and the host Member Executive Director and the host Member State. For that purpose, each Member State State. For that purpose, each Member State shall, on a yearly basis, make available to shall, on a yearly basis, make available to the Agency a number of border guards the Agency a number of border guards commensurate to at least 3% of the staff of commensurate to at least 3% of the staff of Member States without land or sea external Member States without land or sea external borders and 2% of the staff of Member borders and 2% of the staff of Member States with land or sea external borders, States with land or sea external borders, and which shall amount to a minimum of 1 and which shall amount to a minimum of 1
PE578.803v02-00 64/193 RR\1097326EN.doc EN 500 border guards, corresponding to the 500 border guards, corresponding to the profiles identified by the decision of the profiles identified by the decision of the Management Board. Management Board. The Agency shall evaluate whether the border guards proposed by Member States correspond to the defined profiles and shall decide on the border guards to be chosen for the rapid reaction pool. The Agency shall have the power to remove a border guard from the pool in case of misconduct or infringement of the applicable rules. 6. Where necessary, the deployment 6. Where necessary, the deployment of European Border and Coast Guard of European Border and Coast Guard Teams from the rapid reserve pool shall be Teams from the rapid reaction pool shall immediately complemented by additional be immediately complemented by European Border and Coast Guard Teams. additional European Border and Coast For that purpose, Member States shall, at Guard Teams. For that purpose, Member the request of the Agency, immediately States shall, at the request of the Agency, communicate the number, names and immediately communicate the number, profiles of border guards from their names and profiles of border guards from national pool which they are able to make their national pool which they are able to available within five working days from make available within five working days the start of the rapid border intervention. from the start of the rapid border Member States shall make the border intervention. Member States shall make the guards available for deployment at the border guards available for deployment at request of the Agency unless they are faced the request of the Agency unless they are with an exceptional situation substantially faced with an exceptional situation affecting the discharge of national tasks. substantially affecting the discharge of national tasks. If a Member State invokes such an exceptional situation, it shall provide detailed reasons and information on the situation in a letter to the Agency, the content of which shall be included in the report referred to in paragraph 9. 6a. If a situation arises in which more border guards are required than provided for under paragraph 5 and 6, the Executive Director shall immediately inform the European Parliament, the European Council, the Council and the Commission. In such cases the European Council shall seek commitments from Member States to meet the shortage. 7. Member States shall ensure that the 7. Member States shall ensure that the border guards and other relevant staff border guards and other relevant staff which they contribute match the profiles which they contribute match the profiles and the numbers decided upon by the and the numbers decided upon by the Management Board. The duration of the Management Board. The duration of the
RR\1097326EN.doc 65/193 PE578.803v02-00 EN deployment shall be determined by the deployment shall be determined by the home Member State but in any case it shall home Member State but in any case it shall not be less than 30 days. not be less than 30 days. 8. The Agency shall contribute to the 8. The Agency shall contribute to the European Border and Coast Guard Teams European Border and Coast Guard Teams with competent border guards seconded by with competent border guards seconded by the Member States as national experts to the Member States as national experts to the Agency. The contribution by Member the Agency. The contribution by Member States as regards the secondment of their States as regards the secondment of their border guards to the Agency for the border guards to the Agency for the following year shall be planned on the following year shall be planned on the basis of annual bilateral negotiations and basis of annual bilateral negotiations and agreements between the Agency and agreements between the Agency and Member States. In accordance with those Member States. In accordance with those agreements, Member States shall make the agreements, Member States shall make the border guards available for secondment, border guards available for secondment, unless that would seriously affect the unless that would seriously affect the discharge of national tasks. In such discharge of national tasks. In such situations Member States may recall their situations Member States may recall their seconded border guards. seconded border guards. Such secondments may be for 12 months Such secondments may be for 12 months or more but in any case it shall not be less or more but in any case it shall not be less than three months. The seconded border than three months. The seconded border guards shall be considered as members of guards shall be considered as members of the teams and they shall have the tasks and the teams and they shall have the tasks and powers of the members of the teams. The powers of the members of the teams. The Member State having seconded the border Member State having seconded the border guards shall be considered as the home guards shall be considered as the home Member State. Member State. The disciplinary procedure of the Agency shall also apply to seconded border guards. Other staff employed by the Agency on a Other staff employed by the Agency on a temporary basis who are not qualified to temporary basis who are not qualified to perform border control functions shall only perform border control functions shall only be deployed during joint operations for be deployed during joint operations for coordination tasks and shall not form part coordination tasks and shall not form part of the European Border and Coast Guard of the European Border and Coast Guard Teams. Teams. 9. The Agency shall inform the 9. The Agency shall inform the European Parliament on an annual basis of European Parliament on an annual basis of the number of border guards that each the number of border guards that each Member State has committed to the Member State has committed and the European Border and Coast Guard Teams number of border guards actually in accordance with this Article. deployed to the European Border and Coast Guard Teams in accordance with this Article. This report shall list the Member States that invoked the exceptional
PE578.803v02-00 66/193 RR\1097326EN.doc EN situation referred to in paragraphs 3 and 6 in the previous year and include the reasons and information provided by the Member State concerned.
Amendment 75
Proposal for a regulation Article 20 – 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 European Border and instructions given to European Border and Coast Guard Teams. In that case, the host Coast Guard Teams. If the Agency has Member State shall take those views into concerns as regards the instructions consideration and follow them to the extent issued to the European Border and Coast possible. Guard Teams it shall communicate its views, which the host Member State shall take into consideration and follow to the extent possible.
Amendment 76
Proposal for a regulation Article 20 – 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. Any measures taken in the performance of Any measures taken in the performance of their tasks and in the exercise of their their tasks and in the exercise of their powers shall be proportionate to the powers shall be proportionate to the objectives pursued by such measures. objectives pursued by such measures. While performing their tasks and While performing their tasks and exercising their powers, they shall not exercising their powers, they shall not discriminate against persons on grounds of discriminate against persons on grounds of sex, racial or ethnic origin, religion or gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation. belief, disability, age or sexual orientation.
RR\1097326EN.doc 67/193 PE578.803v02-00 EN
Amendment 77
Proposal for a regulation Article 21 – paragraph 3 – point b
Text proposed by the Commission Amendment
(b) monitor the correct implementation (b) monitor the correct implementation of the operational plan; of the operational plan, including on the protection of fundamental rights;
Amendment 78
Proposal for a regulation Article 21 – paragraph 3 – point d
Text proposed by the Commission Amendment
(d) report to the Agency on aspects (d) observe and promote the relating to the provision of sufficient application of existing and future Union guarantees by the host Member State to measures relating to the management of ensure the protection of fundamental rights external borders and respect for throughout the joint operation or rapid fundamental rights in border border intervention; management activities, report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention, and report to the Agency on aspects relating to the provision of sufficient guarantees by the host Member State to ensure the protection of fundamental rights throughout the joint operation or rapid border intervention;
Amendment 79 Proposal for a regulation Article 23 – paragraph 2
Text proposed by the Commission Amendment
2. Detailed rules concerning the 2. Detailed rules concerning the payment of the daily subsistence allowance payment of the daily subsistence allowance of members of the European Border and of members of the European Border and
PE578.803v02-00 68/193 RR\1097326EN.doc EN Coast Guard Teams shall be established Coast Guard Teams shall be established and updated as necessary by the and updated as necessary by the Management Board. Management Board on a proposal from the Commission.
Amendment 80
Proposal for a regulation Article 24 - Title
Text proposed by the Commission Amendment
Suspension or termination of joint Suspension or termination of activities operations and rapid border interventions
Amendment 81
Proposal for a regulation Article 24 - paragraph 3
Text proposed by the Commission Amendment
3. The Executive Director shall 3. The Executive Director shall, in withdraw the financing of a joint operation close cooperation with the Fundamental or a rapid border intervention, or suspend Rights Officer, withdraw the financing of a or terminate, in whole or in part, a joint joint operation, or a rapid border operation or rapid border intervention if intervention, a pilot project, migration he or she considers that there are violations management support teams, return of fundamental rights or international operation, return intervention or working protection obligations that are of a serious arrangement or suspend or terminate, in nature or are likely to persist. whole or in part such activities, if he or she considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist. For this purpose, the Agency shall establish and publish the criteria leading to a decision on the suspension, termination or withdrawal of financing for the above mentioned activities.
RR\1097326EN.doc 69/193 PE578.803v02-00 EN Amendment 82
Proposal for a regulation Article 25
Text proposed by the Commission Amendment
Evaluation of joint operations and rapid Evaluation of activities border interventions The Executive Director shall evaluate the The Executive Director shall evaluate the results of the joint operations and rapid results of the joint operations and rapid border interventions and transmit the border interventions, pilot projects, detailed evaluation reports within 60 days migration management support teams, following the end of those operations and return operations, return interventions projects to the Management Board, and operational cooperation with third together with the observations of the countries and transmit the detailed Fundamental Rights Officer. The Agency evaluation reports within 60 days following shall make a comprehensive comparative the end of those activities to the analysis of those results with a view to Management Board, together with the enhancing the quality, coherence and observations of the Fundamental Rights effectiveness of future joint operations and Officer. The Agency shall make a rapid border interventions, and it shall comprehensive comparative analysis of include it in its consolidated annual those results with a view to enhancing the activity report. quality, coherence and effectiveness of future activities, and it shall include it in its annual activity report.
Amendment 83
Proposal for a regulation Article 26
Text proposed by the Commission Amendment
Return Office Return 1. The Return Office shall be 1. With regard to return, the Agency responsible for carrying out the return- shall, in accordance with the respect of related activities of the Agency, in fundamental rights and general principles accordance with the respect of fundamental of Union law as well as international law, rights and general principles of Union law including refugee protection and as well as international law, including fundamental rights , including children’s refugee protection and human rights rights, in particular: obligations. The Return Office shall, in particular: (a) coordinate at technical and (a) coordinate at technical and
PE578.803v02-00 70/193 RR\1097326EN.doc EN operational level the return activities of the operational level the return activities of the Member States, to achieve an integrated Member States, including voluntary system of return management among returns, to achieve an integrated system of competent authorities of the Member return management among competent States, with the participation of relevant authorities of the Member States with the authorities of third countries and other participation of relevant authorities of third relevant stakeholders; countries and other relevant stakeholders; (b) provide operational support to (b) provide technical and operational Member States subject to particular support to Member States subject to pressure on their return systems; particular pressure on their return systems; (c) coordinate the use of relevant IT (c) coordinate the use of relevant IT systems and provide support on consular systems and provide support to the cooperation for the identification of third- Member States on consular cooperation for country nationals and the acquisition of the identification of third-country nationals travel documents, organise and coordinate and the acquisition of travel documents, return operations and provide support to without disclosing whether the third- voluntary departure; country nationals have requested asylum, organise and coordinate return operations and provide support to voluntary departure in cooperation with the Member States; (d) coordinate the return-related activities of the Agency as set out in this Regulation; (e) organise, promote and coordinate (e) organise, promote and coordinate activities enabling the exchange of activities enabling the exchange of information and the identification and information and the identification and pooling of best practices in return matters pooling of best practices in return matters between the Member States; between the Member States; (f) finance or co-finance the (f) finance or co-finance the operations, interventions and activities operations, interventions and activities referred to in this Chapter with grants from referred to in this Chapter, from its budget, its budget, in accordance with the financial and through contracts, in accordance with rules applicable to the Agency. the financial rules applicable to the Agency. 2. The operational support referred to 2. The operational support referred to in point (b) of paragraph 1 shall include in point (b) of paragraph 1 shall include action to help Member States carry out action to help Member States carry out return procedures by the competent return procedures by the competent national authorities by providing, in national authorities by providing, in particular: particular: (a) interpreting services; (a) interpreting services; (b) information on third countries of (b) information on third countries of return; return, in cooperation with other Union bodies, offices and agencies including EASO;
RR\1097326EN.doc 71/193 PE578.803v02-00 EN (c) advice on the handling and (c) advice on the handling and management of return procedures in management of return procedures in compliance with Directive 2008/115/EC; compliance with Directive 2008/115/EC; (d) assistance on measures necessary to (d) assistance on measures necessary to ensure the availability of returnees for ensure the availability of returnees for return purposes and avoid that returnees return purposes and avoid that returnees abscond. abscond, in accordance with Directive 2008/115/EC and international law. 3. The Return Office shall aim at 3. The Agency shall aim at building building synergies and connecting Union- synergies and connecting Union-funded funded networks and programmes in the networks and programmes in the field of field of return in close cooperation with the return in close cooperation with the European Commission and the European European Commission and the European Migration Network. Migration Network. 4. The Agency may make use of the 4. The Agency may make use of the financial means of the Union which are financial means of the Union which are available in the field of return. The Agency available in the field of return. The Agency shall ensure that in its grant agreements shall ensure that in its grant agreements with Member States any financial support with Member States any financial support is conditional upon the full respect for the is conditional upon the full respect for the Charter of Fundamental Rights. Charter.
Amendment 84
Proposal for a regulation Article 27
Text proposed by the Commission Amendment
1. In accordance with Directive 1. In accordance with Directive 2008/115/EC, and without entering into the 2008/115/EC, and without entering into the merits of return decisions, the Agency shall merits of return decisions, the Agency shall provide the necessary assistance and, at the provide the necessary assistance and, at the request of one or several participating request of one or several participating Member States, ensure the coordination or Member States, ensure the coordination or the organisation of return operations, the organisation of return operations, including through the chartering of aircraft including through the chartering of aircraft for the purpose of such operations. The for the purpose of such operations. Agency may, on its own initiative, propose to Member States to coordinate or organise return operations. 2. Member States shall at least on a 2. Member States shall at least on a monthly basis inform the Agency of their monthly basis inform the Agency of their planned national return operations, as well planned national return operations, as well as of their needs for assistance or as of their needs for assistance or
PE578.803v02-00 72/193 RR\1097326EN.doc EN coordination by the Agency. The Agency coordination by the Agency. The Agency shall draw up a rolling operational plan to shall draw up a rolling operational plan to provide the requesting Member States with provide the requesting Member States with the necessary operational reinforcement, the necessary operational reinforcement, including technical equipment. The including technical equipment. The Agency may, on its own initiative, include Agency may, on its own initiative, include in the rolling operational plan the dates and in the rolling operational plan the dates and destinations of return operations it destinations of return operations it considers necessary, based on a needs considers necessary, based on a needs assessment. The Management Board shall assessment. The Management Board shall decide, on a proposal of the Executive decide, on a proposal of the Executive Director, on the modus operandi of the Director, on the modus operandi of the rolling operational plan. rolling operational plan. 3. The Agency may provide the 3. The Agency may provide the necessary assistance and ensure, at the necessary assistance and ensure, at the request of the participating Member States, request of the participating Member States, or propose on its own initiative, the or propose on its own initiative, the coordination or the organisation of return coordination or the organisation of return operations, for which the means of operations, for which the means of transport and forced return escorts are transport and forced return escorts are made available by a third country of return made available by a third country of return (‘collecting return operations’). The (‘collecting return operations’). The participating Member States and the participating Member States and the Agency shall ensure that the respect of Agency shall ensure that the respect of fundamental rights and the proportionate fundamental rights, the principle of non- use of means of constraints are guaranteed refoulement, and the proportionate use of during the entire removal operation. At means of constraints are guaranteed during least a Member State representative and a the entire removal operation. At least a forced return monitor from the pool Member State representative and a forced established under Article 28 shall be return monitor from the pool established present throughout the entire return under Article 28 shall be present operation until arrival at the third country throughout the entire return operation until of return. arrival at the third country of return. 4. The Agency may provide the necessary assistance and ensure, at the request of the participating Member States or a third country, or propose on its own initiative, the coordination or the organisation of return operations, during which a number of returnees subject to a third-country return decision are passed from this third country to another third country of return (‘mixed return operations’), provided that the third country that issued the return decision is bound by the European Convention on Human Rights. The participating Member States and the Agency must ensure that
RR\1097326EN.doc 73/193 PE578.803v02-00 EN 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. 5. Every return operation shall be 5. Every return operation shall be monitored in accordance with Article 8(6) monitored in accordance with Article 8(6) of Directive 2008/115/EC. The monitoring of Directive 2008/115/EC. The monitoring of return operations shall be carried out on of forced return operations shall be carried the basis of objective and transparent out by the forced return monitor on the criteria and shall cover the whole return basis of objective and transparent criteria operation from the pre-departure phase and shall cover the whole return operation until the hand-over of the returnees in the from the pre-departure phase until the third country of return. hand-over of the returnees in the third country of return. The forced return monitor shall submit a report on an operation to the Executive Director, the Fundamental Rights Officer and to the competent national authorities of all the Member States involved in that operation. Any appropriate follow-up shall be ensured by the Executive Director and competent national authorities respectively. 6. The Agency shall finance or co- 6. The Agency shall finance or co- finance return operations with grants from finance return operations from its budget its budget, in accordance with the financial and through contracts, in accordance with rules applicable to the Agency, giving the financial rules applicable to the priority to those conducted by more than Agency, giving priority to those conducted one Member State, or from hotspot areas. by more than one Member State, or from hotspot areas. 6a. The Agency shall not coordinate, organise or propose return operations or return interventions to any third country where risks of fundamental rights violations or serious deficiencies have been identified though risk analysis or reports from Union institutions, EEAS or Union agencies.
Amendment 85
Proposal for a regulation Article 28
PE578.803v02-00 74/193 RR\1097326EN.doc EN
Text proposed by the Commission Amendment
1. The Agency shall constitute a pool 1. The Agency shall, after consulting of forced return escorts from national the European Agency on Fundamental competent bodies who carry out return Rights, constitute a pool of forced return operations in accordance with the monitors from national competent bodies requirements referred to in Article 8(4) and who carry out forced return monitoring (5) of Directive 2008/115/EC and who activities in accordance with Article 8(6) of have been trained in accordance with Directive 2008/115/EC and who have been Article 35. trained in accordance with Article 35. 2. The Executive Director shall 2. The Executive Director shall determine the profile and the number of the determine the profile and the number of the forced return escorts to be made available forced return monitors to be made to that pool. The same procedure shall available to that pool. The same procedure apply with regard to any subsequent shall apply with regard to any subsequent changes in the profile and the number. changes in the profile and the number. Member States shall contribute to the pool Member States shall contribute to the pool by nominating the forced return escorts by nominating the forced return monitors corresponding to the defined profile. corresponding to the defined profile. Forced return monitors with specific expertise in child protection shall be included in the pool. 3. The Agency shall make available 3. The Agency shall make available these escorts, upon request, to participating the forced return monitors, upon request, to Member States to escort returnees on their participating Member States to monitor, on behalf and to take part in return their behalf, the correct implementation of interventions. the return operation and to take part in return interventions. It shall make available forced return monitors with specific expertise in child protection for any return operation involving children. 3a. Forced return monitors shall remain subject to the disciplinary measures of their home Member State in the course of a return operation or return intervention.
Amendment 86
Proposal for a regulation Article 29
Text proposed by the Commission Amendment
1. The Agency shall constitute a pool 1. The Agency shall constitute a pool
RR\1097326EN.doc 75/193 PE578.803v02-00 EN of forced return escorts from national of forced return escorts from national competent bodies who carry out return competent bodies who carry out return operations in accordance with the operations in accordance with the requirements referred to in Article 8(4) and requirements referred to in Article 8(4) and (5) of Directive 2008/115/EC and who (5) of Directive 2008/115/EC and who have been trained in accordance with have been trained in accordance with Article 35. Article 35. 2. The Executive Director shall 2. The Executive Director shall determine the profile and the number of the determine the profile and the number of the forced return escorts to be made available forced return escorts to be made available to that pool. The same procedure shall to that pool. The same procedure shall apply with regard to any subsequent apply with regard to any subsequent changes in the profile and the number. changes in the profile and the number. Member States shall contribute to the pool Member States shall contribute to the pool by nominating the forced return escorts by nominating the forced return escorts corresponding to the defined profile. corresponding to the defined profile. Forced return escorts with specific expertise in child protection shall be included in the pool. 3. The Agency shall make available 3. The Agency shall make available these escorts, upon request, to participating these escorts, upon request, to participating Member States to escort returnees on their Member States to escort returnees on their behalf and to take part in return behalf and to take part in return operations interventions. and interventions. It shall make available forced return escorts with specific expertise in child protection for any return operation involving children. 3a. Forced return escorts shall remain subject to the disciplinary measures of their home Member State in the course of a return operation or return intervention.
Amendment 87
Proposal for a regulation Article 30
Text proposed by the Commission Amendment
1. The Agency shall constitute a pool 1. The Agency shall constitute a pool of return specialists from national of return specialists from national competent bodies and from the staff of the competent bodies and from the staff of the Agency, who have the skills and expertise Agency, who have the skills and expertise required for carrying out return-related required for carrying out return-related activities and who have been trained in activities and who have been trained in
PE578.803v02-00 76/193 RR\1097326EN.doc EN accordance with Article 35. Those accordance with Article 35. Those specialists shall be made available to carry specialists shall be made available to carry out specific tasks, such as identification of out specific tasks, such as identification of particular groups of third-country particular groups of third-country nationals, the acquisition of travel nationals, the acquisition of travel documents from third countries and documents from third countries and facilitation of consular cooperation. facilitation of consular cooperation. 2. The Executive Director shall 2. The Executive Director shall determine the profile and the number of the determine the profile and the number of the forced return escorts to be made available forced return escorts to be made available to that pool. The same procedure shall to that pool. The same procedure shall apply with regard to any subsequent apply with regard to any subsequent changes in the profile and the number. changes in the profile and the number. Member States shall contribute to the pool Member States shall contribute to the pool by nominating the specialists by nominating the specialists corresponding to the defined profile. corresponding to the defined profile. Return specialists with specific expertise in child protection shall be included in the pool. 3. The Agency shall make available 3. The Agency shall make available the specialists, upon request, to Member the specialists, upon request, to Member States participating in return operations States. It shall make available return and to take part in return interventions. specialists with specific expertise in child protection for any return operation involving children. 3a. Return specialists shall remain subject to the disciplinary measures either of the Agency or of their home Member State in the course of a return operation or return intervention.
Amendment 88
Proposal for a regulation Article 32
Text proposed by the Commission Amendment
1. In circumstances where Member 1. In circumstances where Member States are facing a heavy burden when States are facing a heavy burden when implementing the obligation to return implementing the obligation to return third- illegally staying third-country nationals in country nationals who are the subject of accordance with Directive 2008/115/EC, return decisions issued by a Member State the Agency shall, upon request of one or in accordance with Directive 2008/115/EC, more Member States, provide the the Agency shall, upon request of one or
RR\1097326EN.doc 77/193 PE578.803v02-00 EN appropriate technical and operational more Member States, provide the assistance in the form of a return appropriate technical and operational intervention. Such intervention may consist assistance in the form of a return in the deployment of European Return intervention or a rapid return Intervention Teams to the host Member intervention. Such intervention may States and the organisation of return consist in the deployment or rapid operations from the host Member States. deployment of European Return Member States shall regularly inform the Intervention Teams to the host Member Agency of their needs for technical and States and the organisation of return operational assistance, and the Agency operations from the host Member States. shall draw up a rolling plan for return Member States shall regularly inform the interventions on this basis. Agency of their needs for technical and operational assistance, and the Agency shall draw up a rolling plan for return interventions on this basis. 2. In circumstances where Member States are facing specific and disproportionate pressure when implementing their obligation to return illegally staying third-country nationals in accordance with Directive 2008/115/EC, the Agency shall, upon the request of one or more Member States, provide the appropriate technical and operational assistance in the form of a rapid return intervention. The Agency may propose on its own initiative to provide to the Member States such technical and operational assistance. A rapid return intervention may consist in the rapid deployment of European Return Intervention Teams to the host Member States and the organisation of return operations from the host Member States. 3. The Executive Director shall draw 3. The Executive Director shall draw up an operational plan without delay, in up an operational plan without delay, in agreement with the host Member States agreement with the host Member States and the Member States willing to and the Member States willing to participate in a return intervention. participate in a return intervention. Article 15 shall apply mutatis mutandis. 4. The operational plan shall be 4. The operational plan shall be binding on the Agency, the host Member binding on the Agency, the host Member States and the participating Member States, States and the participating Member States, and it shall cover all aspects that are and it shall cover all aspects that are necessary for carrying out the return necessary for carrying out the return intervention, in particular the description of intervention, in particular the description of the situation, objectives, the start and the situation, objectives, the start and foreseeable duration of the intervention, foreseeable duration of the intervention,
PE578.803v02-00 78/193 RR\1097326EN.doc EN geographical coverage and possible geographical coverage and possible deployment to third countries, composition deployment to third countries, composition of the European Return Intervention Team, of the European Return Intervention Team, logistics, financial provisions, modalities logistics, financial provisions, modalities of cooperation with third countries, other of cooperation with third countries, other Union agencies and bodies, relevant Union agencies and bodies, relevant international and non-governmental international and non-governmental organisations. Any amendment to or organisations. Any amendment to or adaptation of the operational plan shall adaptation of the operational plan shall require the agreement of the Executive require the agreement of the Executive Director, the host Member State and the Director, the host Member State and the participating Member States. A copy of the participating Member States. A copy of the amended or adapted operational plan shall amended or adapted operational plan shall be immediately sent by the Agency to the be immediately sent by the Agency to the Member States concerned and the Member States concerned and the Management Board. Management Board. 5. The Executive Director shall take a 5. The Executive Director shall take a decision on the operational plan as soon as decision on the operational plan as soon as possible and, in the case referred to in possible and, in the case referred to in paragraph 2, within five working days. The paragraph 2, within five working days. The decision shall be immediately notified in decision shall be immediately notified in writing to the Member States concerned writing to the Member States concerned and to the Management Board. and to the Management Board. 6. The Agency shall finance or co- 6. The Agency shall finance or co- finance return interventions with grants finance return interventions from its budget from its budget in accordance with the and through contracts in accordance with financial rules applicable to the Agency. the financial rules applicable to the Agency.
Amendment 89
Proposal for a regulation Article 33
Text proposed by the Commission Amendment
1. The European Border and Coast 1. The European Border and Coast Guard shall guarantee the protection of Guard 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 of Fundamental particular the Charter, the European Rights of the European Union, relevant Convention for the Protection of Human international law, including the Convention Rights and Fundamental Freedoms, Relating to the Status of Refugees and relevant international law, including the obligations related to access to United Nations Convention on the Rights
RR\1097326EN.doc 79/193 PE578.803v02-00 EN international protection, in particular the of the Child, the Convention on the principle of non-refoulement. For that Elimination of all Forms of purpose, the Agency shall draw up and Discrimination Against Women, the 1951 further develop and implement a Convention Relating to the Status of Fundamental Rights Strategy. Refugees, the 1967 Protocol thereto and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy including an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency. It shall pay particular attention to children's rights so as to ensure that the best interests of the child are respected in all its activities. 2. In the performance of its tasks the 2. In the performance 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 in contravention of the principle of non-refoulement, or from principle of non-refoulement, or from which there is a risk of expulsion or return which there is a risk of expulsion or return to another country in contravention of that to another country in contravention of that principle. principle. 3. The European Border and Coast 3. The European Border and Coast Guard shall, in the performance of its tasks, Guard shall, in the performance of its tasks, take into account the special needs of take into account the special needs of children, victims of trafficking in human children, unaccompanied minors, persons beings, persons in need of medical with disabilities, victims of trafficking in assistance, persons in need of international human beings, persons in need of medical protection, persons in distress at sea and assistance, persons in need of international other persons in a particularly vulnerable protection, persons in distress at sea and situation. other persons in a particularly vulnerable situation. 4. In the performance of its tasks, in 4. In the performance of its tasks, in its relations with Member States and in its its relations with Member States and in its cooperation with third countries, the cooperation with third countries, the Agency shall take into account the reports Agency shall take into account the reports of the Consultative Forum and the of the Consultative Forum and the Fundamental Rights Officer. Fundamental Rights Officer.
PE578.803v02-00 80/193 RR\1097326EN.doc EN Amendment 90
Proposal for a regulation Article 34 – paragraph 1
Text proposed by the Commission Amendment
1. The Agency shall draw up and 1. The Agency shall draw up and further develop a Code of Conduct further develop a Code of Conduct applicable to all border control operations applicable to all border control operations coordinated by the Agency. The Code of coordinated by the Agency. The Code of Conduct shall lay down procedures Conduct shall lay down procedures intended to guarantee the principles of the intended to guarantee the principles of the rule of law and respect for fundamental rule of law and respect for fundamental rights with particular focus on rights with particular focus on vulnerable unaccompanied minors and persons in a persons, including children, vulnerable situation, as well as on persons unaccompanied minors and other persons seeking international protection, applicable in a vulnerable situation, as well as on to all persons participating in the activities persons seeking international protection, of the Agency. applicable to all persons participating in the activities of the Agency.
Amendment 91
Proposal for a regulation Article 34 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency shall develop and 2. The Agency shall develop and regularly update a Code of Conduct for the regularly update a Code of Conduct for the return of illegally staying third-country return of third-country nationals who are nationals which shall apply during all the subject of return decisions issued by a return operations and return interventions Member State in accordance with coordinated or organised by the Agency. Directive 2008/115/EC, which shall apply That Code of Conduct shall describe during all return operations and return common standardised procedures to interventions coordinated or organised by simplify the organisation of return the Agency. That Code of Conduct shall operations and return interventions, and describe common standardised procedures assure return in a humane manner and with to simplify the organisation of return full respect for fundamental rights, in operations and return interventions, and particular the principles of human dignity, assure return in a humane manner and with prohibition of torture and of inhuman or full respect for fundamental rights, in degrading treatment or punishment, the particular the principles of human dignity, right to liberty and security and the right to prohibition of torture and of inhuman or the protection of personal data and non- degrading treatment or punishment, the
RR\1097326EN.doc 81/193 PE578.803v02-00 EN discrimination. right to liberty and security and the right to the protection of personal data and non- discrimination.
Amendment 92
Proposal for a regulation Article 35 – paragraph 1
Text proposed by the Commission Amendment
1. The Agency shall, in cooperation 1. The Agency shall, in cooperation with the appropriate training entities of the with the appropriate training entities of the Member States, develop specific training Member States, EASO and the European tools and provide border guards and other Union Agency for Fundamental Rights, relevant staff who are members of the develop specific training tools, including European Border and Coast Guard Teams specific training in the protection of with advanced training relevant to their children and other persons in a tasks and powers. Experts from the staff of vulnerable situation, and provide border the Agency shall conduct regular exercises guards and other relevant staff who are with those border guards in accordance members of the European Border and with the advanced training and exercise Coast Guard Teams with advanced training schedule referred to in the annual work relevant to their tasks and powers. Experts programme of the Agency. from the staff of the Agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.
Amendment 93
Proposal for a regulation Article 35 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2a. The Agency shall finance 100 % of the necessary training for border guards included in the rapid reaction pool referred to in Article 19(5), insofar as this training is required for the purposes of their participation in this pool.
PE578.803v02-00 82/193 RR\1097326EN.doc EN Amendment 94
Proposal for a regulation Article 35 – paragraph 3
Text proposed by the Commission Amendment
3. The Agency shall take the 3. The Agency shall take the necessary initiatives to ensure training for necessary initiatives to ensure training for staff involved in return-related tasks to be staff involved in return-related tasks to be part of the pools referred to in Articles 28, part of the pools referred to in Articles 28, 29 and 30. The Agency shall ensure that all 29 and 30. The Agency shall ensure that all staff who participate in return operations staff who participate in return operations and in return interventions, as well as the and in return interventions, as well as the staff of the Agency, have received, prior to staff of the Agency, have received, prior to their participation in operational activities their participation in operational activities organised by the Agency, training in organised by the Agency, training in relevant Union and international law, relevant Union and international law, including fundamental rights and access to including fundamental rights, access to international protection. international protection and access to referral mechanisms for vulnerable persons.
Amendment 95
Proposal for a regulation Article 35 – paragraph 4
Text proposed by the Commission Amendment
4. The Agency shall establish and 4. The Agency shall establish and further develop common core curricula for further develop common core curricula for the training of border guards and provide the training of border guards and provide training at European level for instructors of training at European level for instructors of the national border guards of Member the national border guards of Member States, including with regard to States, including with regard to fundamental rights, access to international fundamental rights, access to international protection and relevant maritime law. The protection and relevant maritime law. The Agency shall draw up the common core core curricula shall aim to promote the curricula after consulting the Consultative highest standards and best practices in the Forum. Member States shall integrate the implementation of Union border common core curricula in the training of management legislation. The Agency shall their national border guards and staff draw up the common core curricula after involved in return-related tasks. consulting the Consultative Forum. Member States shall integrate the common core curricula in the training of their national border guards and staff involved
RR\1097326EN.doc 83/193 PE578.803v02-00 EN in return-related tasks.
Amendment 96
Proposal for a regulation Article 36 – 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 the innovation activities relevant for European control of the external borders, including integrated border management. The the use of advanced surveillance Agency shall disseminate the results of that technology such as remotely piloted research to the European Parliament, to aircraft systems, and for return. The the Member States and to the Commission Agency shall disseminate the results of that and make them publicly available. It may research to the Commission and the use those results as appropriate in joint Member States. It may use those results as operations, rapid border interventions, appropriate in joint operations, rapid return operations and return interventions. border interventions, return operations and return interventions.
Amendment 97
Proposal for a regulation Article 36 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency shall assist the 2. The Agency shall assist the Member States and the Commission in Member States and the Commission in identifying key research themes. The identifying key research themes. The Agency shall assist the Commission in the Agency shall assist Member States and the definition and accomplishment of the Commission in the definition and relevant Union framework programmes for accomplishment of the relevant Union research and innovation activities. framework programmes for research and innovation activities.
Amendment 98
Proposal for a regulation Article 37 – paragraph 2
PE578.803v02-00 84/193 RR\1097326EN.doc EN
Text proposed by the Commission Amendment
2. The Agency may acquire technical 2. The Agency may acquire technical equipment, such as fingerprinting equipment by decision of the Executive equipment, by decision of the Executive Director in consultation with the Director in consultation with the Management Board. Any acquisition or Management Board. Any acquisition or leasing of equipment entailing significant leasing of equipment entailing significant costs to the Agency shall be preceded by a costs to the Agency shall be preceded by a thorough needs and cost/benefit analysis thorough needs and cost/benefit analysis. and be decided upon by the Management Any such expenditure shall be provided for Board. Any such expenditure shall be in the Agency’s budget as adopted by the provided for in the Agency’s budget as Management Board. adopted by the Management Board.
Amendment 99
Proposal for a regulation Article 37 – paragraph 3 – introductory part
Text proposed by the Commission Amendment
3. Where the Agency acquires or 3. Where the Agency acquires or leases major technical equipment, such as leases major technical equipment the open sea and coastal patrol vessels, following conditions shall apply: helicopters or other aircraft or vehicles the following conditions shall apply:
Amendment 100
Proposal for a regulation Article 37 – paragraph 4
Text proposed by the Commission Amendment
4. On the basis of a model agreement 4. On the basis of a model agreement drawn up by the Agency, the Member State drawn up by the Agency, the Member State of registration and the Agency shall agree of registration and the Agency shall agree on modalities ensuring the periods of full on modalities ensuring the periods of full availability of the co-owned assets for the availability of the co-owned assets for the Agency, as well as on the terms of use of Agency, as well as on the terms of use of the equipment. Technical equipment the equipment. Technical equipment owned solely by the Agency shall be made owned solely by the Agency shall be made available to the Agency upon its request available to the Agency upon its request at and the Member State of registration may any time and the Member State of
RR\1097326EN.doc 85/193 PE578.803v02-00 EN not invoke the exceptional situation registration may not invoke the exceptional referred to in Article 38(4). situation referred to in Article 38(4).
Amendment 101
Proposal for a regulation Article 38 – paragraph 1
Text proposed by the Commission Amendment
1. The Agency shall set up and keep 1. The Agency shall set up and keep centralised records of equipment in a centralised records of equipment in a technical equipment pool composed of technical equipment pool composed of equipment owned either by the Member equipment owned either by the Member States or by the Agency and equipment co- States or by the Agency and equipment co- owned by the Member States and the owned by the Member States and the Agency for external border control or Agency for external border control, border return purposes. surveillance, search and rescue or return purposes.
Amendment 102
Proposal for a regulation Article 38 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1a. Equipment owned by the Agency shall be fully available for deployment at any time as referred to in Article 37(4).
Amendment 103
Proposal for a regulation Article 38 – paragraph 1 b (new)
Text proposed by the Commission Amendment
1b. Equipment co-owned by the Agency at a share of more than 50% shall also be fully available for deployment at any time.
PE578.803v02-00 86/193 RR\1097326EN.doc EN
Amendment 104
Proposal for a regulation Article 38 – paragraph 1 c (new)
Text proposed by the Commission Amendment
1c. The Agency shall ensure the compatibility and interoperability of the equipment listed in the technical equipment pool. To that end it shall define technical standards to be met by equipment to be acquired, totally or partially, by the Agency and of the equipment owned by Member States which is listed in the technical equipment pool.
Amendment 105
Proposal for a regulation Article 38 – paragraph 3 a (new)
Text proposed by the Commission Amendment
3a. Equipment included in the technical equipment pool shall be made available at any time for rapid border interventions. Member States may not invoke the exceptional situation referred to in paragraph 4.
Amendment 106
Proposal for a regulation Article 38 – paragraph 4
Text proposed by the Commission Amendment
4. Member States shall contribute to 4. Member States shall contribute to the technical equipment pool. The the technical equipment pool. The contribution by Member States to the pool contribution by Member States to the pool
RR\1097326EN.doc 87/193 PE578.803v02-00 EN and deployment of the technical equipment and deployment of the technical equipment for specific operations shall be planned on for specific operations shall be planned on the basis of annual bilateral negotiations the basis of annual bilateral negotiations and agreements between the Agency and and agreements between the Agency and Member States. In accordance with those Member States. In accordance with those agreements and to the extent that it forms agreements and to the extent that it forms part of the minimum number of technical part of the minimum number of technical equipment for a given year, Member States equipment for a given year, Member States shall make their technical equipment shall make their technical equipment available for deployment at the request of available for deployment at the request of the Agency, unless they are faced with an the Agency, unless they are faced with an exceptional situation substantially affecting exceptional situation substantially affecting the discharge of national tasks. Such the discharge of national tasks. If a request shall be made at least 30 days Member State invokes such an before the intended deployment. The exceptional situation, it shall provide contributions to the technical equipment detailed reasons and information on the pool shall be reviewed annually. situation in a letter to the Agency, the content of which shall be included in the report referred to in paragraph 7. Such a request shall be made at least 30 days before the intended deployment. The contributions to the technical equipment pool shall be reviewed annually.
Amendment 107
Proposal for a regulation Article 38 – paragraph 5 a (new)
Text proposed by the Commission Amendment
5a. If unexpected needs for technical equipment for a joint operation or a rapid border intervention arise after the minimum amount of technical equipment has been set and those needs cannot be met from the technical equipment pool, Member States shall on an ad hoc basis make the necessary technical equipment available for deployment to the Agency upon its request.
PE578.803v02-00 88/193 RR\1097326EN.doc EN Amendment 108
Proposal for a regulation Article 38 – paragraph 7
Text proposed by the Commission Amendment
7. The Agency shall inform the 7. The Agency shall submit a report European Parliament on an annual basis of to the European Parliament on an annual the number of technical equipment that basis of the number of technical equipment each Member State has committed to the that each Member State has committed to technical equipment pool in accordance the technical equipment pool in accordance with this Article. with this Article. That report shall list the Member States that invoked the exceptional situation referred to in paragraph 4 in the previous year and include the reasons and information provided by the Member State concerned.
Amendment 109
Proposal for a regulation Article 39 – paragraph 1
Text proposed by the Commission Amendment
1. Members of the teams shall have 1. Members of the teams shall have the capacity to perform all tasks and the capacity to perform all tasks and exercise all powers for border control and exercise all powers for border control and return as well as those which are necessary return as well as those which are necessary for the realisation of the objectives of for the realisation of the objectives of Regulation (EC) No 562/2006 and Regulation (EC) No 2016/399 and Directive 2008/115/EC, respectively. Directive 2008/115/EC, respectively.
Amendment 110
Proposal for a regulation Article 39 – paragraph 4
Text proposed by the Commission Amendment
4. Members of the teams shall wear 4. Members of the teams shall wear their own uniform while performing their their own uniform while performing their tasks and exercising their powers. They tasks and exercising their powers. They
RR\1097326EN.doc 89/193 PE578.803v02-00 EN shall wear a blue armband with the insignia shall also wear visible personal of the Union and the Agency on their identification and a blue armband with the uniforms, identifying them as participating insignia of the Union and the Agency on in a joint operation, pilot project, rapid their uniforms, identifying them as border intervention, return operation or participating in a joint operation, pilot return intervention. For the purposes of project, rapid border intervention, return identification vis-à-vis the national operation or return intervention. For the authorities of the host Member State, purposes of identification vis-à-vis the members of the teams shall, at all times, national authorities of the host Member carry an accreditation document, which State, members of the teams shall, at all they shall present upon request. times, carry an accreditation document, which they shall present upon request.
Amendment 111
Proposal for a regulation Article 39 – paragraph 8 – subparagraph 1
Text proposed by the Commission Amendment
8. For the purpose of this Regulation, 8. For the purpose of this Regulation, the host Member State shall authorise the host Member State shall authorise members of the teams to consult its members of the teams to consult its national and European databases the national and European databases the consultation of which is necessary for consultation of which is necessary for border checks, border surveillance and border checks, border surveillance and return. The members of the teams shall return. Member States shall ensure that consult only those data which are required they provide such database access in an for performing their tasks and exercising efficient and effective manner. The their powers. The host Member State shall, members of the teams shall consult only in advance of the deployment of the those data which are required for members of the teams, inform the Agency performing their tasks and exercising their of the national and European databases powers. The host Member State shall, in which may be consulted. The Agency shall advance of the deployment of the members make this information available to all of the teams, inform the Agency of the Member States participating in the national and European databases which deployment. may be consulted. The Agency shall make this information available to all Member States participating in the deployment.
Amendment 112
Proposal for a regulation Article 39 – paragraph 9
PE578.803v02-00 90/193 RR\1097326EN.doc EN
Text proposed by the Commission Amendment
9. Decisions to refuse entry in 9. Decisions to refuse entry in accordance with Article 13 of Regulation accordance with Article 14 of Regulation (EC) No 562/2006 shall be taken only by (EC) No 2016/399 shall be taken only by border guards of the host Member State or border guards of the host Member State or by the members of the teams if authorised by the members of the teams if authorised by the host Member State to act on its by the host Member State to act on its behalf. behalf.
Amendment 113
Proposal for a regulation Article 41
Text proposed by the Commission Amendment
1. Where members of the teams are 1. Where members of the teams are operating in a host Member State, that operating in a host Member State, that Member State shall be liable in accordance Member State shall be liable in accordance with its national law for any damage with its national law for any damage caused by them during their operations. caused by them during their operations. 2. Where such damage is caused by 2. Where such damage is caused by gross negligence or willful misconduct, the gross negligence or wilful misconduct or host Member State may approach the home in excess of duty, the host Member State Member State in order to have any sums it may approach the home Member State or has paid to the victims or persons entitled the Agency in order to have any sums it on their behalf reimbursed by the home has paid to the victims or persons entitled Member State. on their behalf reimbursed by the home Member State or by the Agency. 3. Without prejudice to the exercise of 3. Without prejudice to the exercise of its rights vis-à-vis third parties, each its rights vis-à-vis third parties, each Member State shall waive all its claims Member State shall waive all its claims against the host Member State or any other against the host Member State or any other Member State for any damage it has Member State for any damage it has sustained, except in cases of gross sustained, except in cases of gross negligence or willful misconduct. negligence or wilful misconduct. 4. Any dispute between Member 4. Any dispute between Member States relating to the application of States or between a Member State and the paragraphs 2 and 3 which cannot be Agency relating to the application of resolved by negotiations between them paragraphs 1, 2 and 3 which cannot be shall be submitted by them to the Court of resolved by negotiations between them Justice of the European Union in shall be submitted by them to the Court of accordance with Article 273 TFEU. Justice of the European Union in
RR\1097326EN.doc 91/193 PE578.803v02-00 EN accordance with the Treaties. 4a. Where members of the teams are operating on the territory of a third country the Agency shall be liable for any damage caused by them during their operations. Paragraphs 2 , 3 and 4 shall apply mutatis mutandis. 5. Without prejudice to the exercise of 5. Without prejudice to the exercise of its rights vis-à-vis third parties, the Agency its rights vis-à-vis third parties, the Agency shall meet costs related to damage caused shall meet costs related to damage caused to the Agency’s equipment during to the Agency’s equipment during deployment, except in cases of gross deployment, except in cases of gross negligence or willful misconduct. negligence or willful misconduct.
Amendment 114
Proposal for a regulation Article 44 – paragraph 2
Text proposed by the Commission Amendment
2. The Management Board shall 2. A Data Protection Officer shall be establish measures for the application of appointed in accordance with Regulation Regulation (EC) No 45/2001 by the (EC) No 45/2001. The Management Agency, including those concerning the Board shall establish measures for the Data Protection Officer of the Agency. implementation of that Regulation by the Those measures shall be established after Agency. Those measures shall be consultation of the European Data established after consultation of the Protection Supervisor. European Data Protection Supervisor.
Amendment 115
Proposal for a regulation Article 44 – paragraph 4
Text proposed by the Commission Amendment
4. Without prejudice to Article 47, the 4. Without prejudice to Article 47, the transfer of personal data processed by the transfer of personal data processed by the Agency and the onward transfer by Agency and the onward transfer by Member States to authorities of third Member States to authorities of third countries or third parties of personal data countries or third parties, including processed in the framework of this international organisations, of personal data processed in the framework of this
PE578.803v02-00 92/193 RR\1097326EN.doc EN Regulation shall be prohibited. Regulation shall be prohibited.
Amendment 116
Proposal for a regulation Article 45 – paragraph 3
Text proposed by the Commission Amendment
3. A Member State or other Union 3. 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 it shall be processed as purposes for which it shall be processed as referred to in paragraph 1. If it has not referred to in paragraph 1. The Agency done so, the Agency in consultation with may process such personal data for a the provider of personal data concerned different purpose which also falls under shall process it in order to determine its paragraph 1 only if authorised by the data necessity in relation to the purpose or the provider of the information. purposes as referred to in paragraph 1 for which it shall be further processed. The Agency may process information for a different purpose than the one in paragraph 1 only if authorised by the data provider of the information.
Amendment 117
Proposal for a regulation Article 46 – paragraph 1
Text proposed by the Commission Amendment
1. The use by the Agency of personal 1. The use by the Agency of personal data collected and transmitted to it by the data collected and transmitted to it by the Member States or by its own staff in the Member States or by its own staff in the context of joint operations, pilot projects context of joint operations, pilot projects and rapid border interventions, and by and rapid border interventions, and by migration management support teamsshall migration management support teams shall be limited to: be limited to: (a) personal data regarding persons (a) personal data regarding persons who are suspected, on reasonable grounds, who are suspected, on reasonable grounds, by the competent authorities of the by the competent authorities of the Member States of involvement in cross- Member States of involvement in cross- border criminal activities, including in border criminal activities, such as the
RR\1097326EN.doc 93/193 PE578.803v02-00 EN facilitating irregular immigration criminal smuggling of persons, trafficking activities, in trafficking in human beings or in human beings or terrorism; terrorism; (b) personal data regarding persons (b) personal data regarding persons who cross the external borders illegally and who cross the external borders irregularly whose data is collected by the European and whose data is collected by the Border and Coast Guard Teams, including European Border and Coast Guard Teams, when acting in the framework of the including when acting in the framework of migration management support teams; the migration management support teams; (c) license plate numbers, telephone (c) license plate numbers, telephone numbers or ship identification numbers, numbers or ship identification numbers, which are necessary for investigating and which are linked to the persons referred to analysing routes and methods used for in (a) and (b), and which are necessary for irregular immigration and cross-border investigating and analysing routes and criminal activities. methods used for irregular migration and cross-border criminal activities; Personal data regarding persons referred to in paragraph 1(b) shall not be transferred to law enforcement agencies or processed for the purpose of preventing, detecting, investigating or prosecuting criminal offences.
Amendment 118
Proposal for a regulation Article 46 – paragraph 2 – point a
Text proposed by the Commission Amendment
(a) where transmission to the (a) where transmission to EASO, European Asylum Support Office, Europol or Eurojust is necessary for use in Europol or Eurojust is necessary for use in accordance with their respective mandates accordance with their respective mandates and in accordance with Article 51; and in accordance with Article 51;
Amendment 119
Proposal for a regulation Article 46 – paragraph 2 – point b
PE578.803v02-00 94/193 RR\1097326EN.doc EN
Text proposed by the Commission Amendment
(b) where transmission to the (b) where transmission to the authorities of the relevant Member States authorities of the relevant Member States which are responsible for border control, which are responsible for border control, migration, asylum or law enforcement is migration, asylum or law enforcement is necessary for use in accordance with necessary for use in accordance with national legislation and national and EU national legislation and national and Union data protection rules; data protection rules;
Amendment 120
Proposal for a regulation Article 46 – paragraph 3 a (new)
Text proposed by the Commission Amendment
3a. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be allowed only where strictly necessary, subject to appropriate safeguards for the rights and freedoms of the data subject, and only to protect the vital interests of the data subject or of another natural person.
Amendment 121
Proposal for a regulation Article 49 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2a. Classification shall not preclude information being made available to the European Parliament. The transmission and handling of information and documents transmitted to the European
RR\1097326EN.doc 95/193 PE578.803v02-00 EN Parliament in accordance with this Regulation shall comply with rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.
Amendment 122
Proposal for a regulation Article 51 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment
1. The Agency shall cooperate with 1. The Agency shall cooperate with the Commission, other Union institutions, the Commission, other Union institutions, the European External Action Service, the European External Action Service, Europol, the European Asylum Support EASO, Europol, the European Union Office, the European Union Agency for Agency for Fundamental Rights, Eurojust, Fundamental Rights, Eurojust, the the European Union Satellite Centre, the European Union Satellite Centre, the European Maritime Safety Agency and the European Maritime Safety Agency and the European Fisheries Control Agency as well European Fisheries Control Agency as well as other Union, agencies, bodies, offices in as other Union, agencies, bodies, offices in matters covered by this Regulation, and in matters covered by this Regulation, and in particular with the objectives of better particular with the objectives of preventing managing irregular immigration and and combating irregular immigration and preventing and detecting cross-border cross-border crime including the crime such as the criminal smuggling of facilitation of irregular immigration, persons, trafficking in human being and trafficking in human being and terrorism. terrorism.
Amendment 123
Proposal for a regulation Article 51 – paragraph 4
Text proposed by the Commission Amendment
4. The Union institutions, agencies, 4. The Union institutions, agencies, bodies, offices and international bodies, offices and international organisations referred to in paragraph 1, organisations referred to in paragraph 1, shall use information received by the shall use information received by the Agency only within the limits of their Agency only within the limits of their competences and in compliance with competences and in compliance with fundamental rights, including data fundamental rights, including data
PE578.803v02-00 96/193 RR\1097326EN.doc EN 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 agencies or bodies shall be other Union agencies or bodies shall be subject to specific working arrangements subject to specific working arrangements regarding the exchange of personal data regarding the exchange of personal data and subject to the prior approval of the and subject to the prior approval of the European Data Protection Supervisor. As European Data Protection Supervisor. Any regards the handling of classified transfer of personal data shall be in line information, those arrangements shall with the data protection provisions laid provide that the Union institution, body, down in Articles 44 to 48. As regards the office, agency or international organisation handling of classified information, those concerned shall comply with security rules arrangements shall provide that the Union and standards equivalent to those applied institution, body, office, agency or by the Agency. international organisation concerned shall comply with security rules and standards equivalent to those applied by the Agency.
Amendment 124
Proposal for a regulation Article 51 – paragraph 5
Text proposed by the Commission Amendment
5. The Agency may also, with the 5. The Agency may also, with the agreement of the Member States agreement of the Member States concerned, invite observers of Union concerned, invite non-military observers of institutions, agencies, bodies, offices or Union institutions, agencies, bodies, offices international organisations to participate in or international organisations to participate its activities in particular, joint operations in its activities in particular, joint and pilot projects, risk analysis and operations and pilot projects, risk analysis training, to the extent that their presence is and training, to the extent that their in accordance with the objectives of those presence is in accordance with the activities, may contribute to the objectives of those activities, may improvement of cooperation and the contribute to the improvement of exchange of best practices, and does not cooperation and the exchange of best affect the overall safety and security of practices, and does not affect the overall those activities. The participation of those safety and security of those activities. The observers in risk analysis and training may participation of those observers in risk take place only with the agreement of the analysis and training may take place only Member States concerned. As regards joint with the agreement of the Member States operations and pilot projects the concerned. As regards joint operations and participation of observers is subject to pilot projects the participation of observers agreement of the host Member State. is subject to agreement of the host Member Detailed rules on the participation of State. Detailed rules on the participation of observers shall be included in the observers shall be included in the
RR\1097326EN.doc 97/193 PE578.803v02-00 EN operational plan. Those observers shall operational plan. Those observers shall receive the appropriate training from the receive the appropriate training from the Agency prior to their participation. Agency prior to their participation.
Amendment 125
Proposal for a regulation Article 52 – paragraph 1 – point b
Text proposed by the Commission Amendment
(b) providing surveillance and (b) providing surveillance and communication services based on state-of- communication services based on state-of- the-art technology, including space-based the-art technology, including space-based and ground infrastructure and sensors and ground infrastructure and sensors mounted on any kind of platform, such as mounted on any kind of platform; remotely piloted aircraft systems;
Amendment 126
Proposal for a regulation Article 52 – paragraph 1 – point c
Text proposed by the Commission Amendment
(c) capacity building by elaborating (c) capacity building by elaborating guidelines, recommendations and best guidelines, recommendations and best practices as well as by supporting the practices as well as by providing training training and exchange of staff, with a view and exchange of staff; to enhancing the exchange of information and cooperation on coast guard functions;
Amendment 127
Proposal for a regulation Article 52 – paragraph 1 – point c a (new)
Text proposed by the Commission Amendment
(ca) enhancing the exchange of information and cooperation on coast guard functions including by discussing operational challenges and emerging
PE578.803v02-00 98/193 RR\1097326EN.doc EN risks in the maritime domain;
Amendment 128
Proposal for a regulation Article 52 – paragraph 2
Text proposed by the Commission Amendment
2. The modalities of the cooperation 2. The modalities of the cooperation on coast guard functions of the European on coast guard functions of the Agency Border and Coast Guard Agency with the with the European Fisheries Control European Fisheries Control Agency and Agency and the European Maritime Safety the European Maritime Safety Agency Agency shall be determined in a working shall be determined in a working arrangement, in accordance with their arrangement, in accordance with the respective mandates and the financial rules financial rules applicable to the Agencies. applicable to the Agencies.
Amendment 129
Proposal for a regulation Article 53 – paragraph 1
Text proposed by the Commission Amendment
1. In matters covered by its activities 1. In matters covered by its activities and to the extent required for the fulfilment and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and of its tasks, the Agency shall facilitate and encourage operational cooperation between encourage technical and operational Member States and third countries, within cooperation between Member States and the framework of the external relations third countries, within the framework of policy of the Union, including with regard the external relations policy of the Union, to the protection of fundamental rights. The including with regard to the protection of Agency and the Member States shall fundamental rights and the principle of comply with norms and standards at least non-refoulement. The Agency and the equivalent to those set by Union Member States shall comply with Union legislation also when cooperation with law, including norms and standards which third countries takes place on the territory form part of the Union acquis also when of those countries. The establishment of cooperation with third countries takes place cooperation with third countries shall serve on the territory of those countries. The to promote European border management establishment of cooperation with third and return standards. countries shall serve to promote European border management and return standards.
RR\1097326EN.doc 99/193 PE578.803v02-00 EN Amendment 130
Proposal for a regulation Article 53 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency may cooperate with 2. The Agency may cooperate with the authorities of third countries competent the authorities of third countries competent in matters covered by this Regulation with in matters covered by this Regulation with the support of and in coordination with the support of and in coordination with Union delegations, as well as within the Union delegations. When doing so, it shall framework of working arrangements act within the framework of the external concluded with those authorities in relations policy of the Union, including accordance with Union law and policy. with regard to the protection of Those working arrangements shall be fundamental rights and the principle of related to the management of operational non-refoulement as well as within the cooperation. Such arrangements shall have framework of working arrangements received the Commission’s prior approval. concluded with those authorities in accordance with Union law and policy. Those working arrangements shall specify the scope, nature and purpose of the cooperation and be related to the management of operational cooperation. Such draft arrangements shall be sent to the European Parliament and shall subsequently require the Commission’s prior approval. The Agency shall comply with Union law, including norms and standards which form part of the Union acquis.
Amendment 131
Proposal for a regulation Article 53 – paragraph 3
Text proposed by the Commission Amendment
3. In circumstances requiring 3. In circumstances requiring increased technical and operational increased technical and operational assistance, the Agency may coordinate assistance, the Agency may coordinate operational cooperation between Member operational cooperation between Member States and third countries in the field of States and third countries in the field of management of external borders, and it management of external borders, and it shall have the possibility of carrying out shall have the possibility of carrying out
PE578.803v02-00 100/193 RR\1097326EN.doc EN joint operations at the external borders joint operations at the external borders involving one or more Member States and involving one or more Member States and a third country neighbouring at least one of a third country neighbouring at least one of those Member States, subject to the those Member States, subject to the agreement of that neighbouring third agreement of that neighbouring third country, including on the territory of that country, including on the territory of that third country. The Commission shall be third country subject to the agreement of informed of such activities. an operational plan between the Agency, the host Member State and the third country concerned. Article 15 shall apply mutatis mutandis. The Commission shall be informed of such activities.
Amendment 132
Proposal for a regulation Article 53 – paragraph 5
Text proposed by the Commission Amendment
5. The Agency may also, with the 5. The Agency may also, with the agreement of the Member States concerned agreement of the Member States concerned invite observers from third countries to invite non-military observers from third participate in its activities at the external countries to participate in its activities at borders referred to in Article 13, return the external borders referred to in Article operations referred to in Article 27, return 13, return operations referred to in Article interventions referred to in Article 32 and 27, return interventions referred to in training referred to in Article 35, to the Article 32 and training referred to in extent that their presence is in accordance Article 35, to the extent that their presence with the objectives of those activities, may is in accordance with the objectives of contribute to improving cooperation and those activities, may contribute to the exchange of best practices, and does improving cooperation and the exchange of not affect the overall safety of those best practices, and does not affect the activities. The participation of those overall safety of those activities. The observers may take place only with the participation of those observers may take agreement of the Member States concerned place only with the agreement of the regarding the activities referred to in Member States concerned regarding the Articles 13, 27 and 35 and only with the activities referred to in Articles 13, 18, 27 agreement of the host Member State and 35 and only with the agreement of the regarding those referred to in Article 13 host Member State regarding those referred and 32. Detailed rules on the participation to in Article 13 and 32. Detailed rules on of observers shall be included in the the participation of observers shall be operational plan. Those observers shall included in the operational plan. Those receive the appropriate training from the observers shall receive the appropriate Agency prior to their participation. training from the Agency prior to their participation and shall be required to adhere to the Codes of Conduct of the
RR\1097326EN.doc 101/193 PE578.803v02-00 EN Agency while participating in its activities.
Amendment 133
Proposal for a regulation Article 53 – paragraph 8 a (new)
Text proposed by the Commission Amendment
8a. Member States shall not be obliged to participate in activities on the territory of third countries.
Amendment 134
Proposal for a regulation Article 53 – paragraph 9
Text proposed by the Commission Amendment
9. The Agency shall inform the 9. The Agency shall inform the European Parliament of the activities European Parliament of the activities referred to in paragraphs 2 and 3. referred to in this Article and shall include an assessment of the cooperation with third countries in its annual reports.
Amendment 135
Proposal for a regulation Article 54
Text proposed by the Commission Amendment
1. The Agency may deploy experts of 1. The Agency may deploy experts of its own staff as liaison officers, who should its own staff as liaison officers, who should enjoy the highest possible protection to enjoy the highest possible protection to carry out their duties, in third countries. carry out their duties, in third countries. They shall form part of the local or They shall form part of the local or regional cooperation networks of 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 Council Regulation (EC) No pursuant to Council Regulation (EC) No
PE578.803v02-00 102/193 RR\1097326EN.doc EN 377/2004. 377/2004. Liaison officers shall only be deployed to third countries in which border management practices comply with minimum human rights standards. 2. Within the framework of the 2. Within the framework of the external relations policy of the Union, external relations policy of the Union, priority for deployment of liaison officers priority for deployment of liaison officers shall be given to those third countries shall be given to those third countries which, on the basis of risk analysis, which, on the basis of risk analysis, constitute a country of origin or transit constitute a country of origin or transit regarding irregular immigration. On a regarding irregular migration. On a reciprocal basis the Agency may receive reciprocal basis the Agency may receive liaison officers posted by those third liaison officers posted by those third countries. The Management Board shall countries. The Management Board shall adopt, on a proposal of the Executive adopt, on a proposal of the Executive Director the list of priorities on a yearly Director the list of priorities on a yearly basis. The deployment of liaison officers basis. The deployment of liaison officers shall be approved by the Management shall be approved by the Management Board. Board. 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 in accordance with Union law and in accordance with fundamental rights, establishing and fundamental rights, establishing and maintaining contacts with the competent maintaining contacts with the competent authorities of the third country to which authorities of the third country to which they are assigned with a view to they are assigned with a view to contributing to the prevention of and fight contributing to the prevention of and fight against irregular immigration and the against irregular migration and the return return of illegally staying third-country of third-country nationals who are the nationals. Those liaison officers shall subject of return decisions issued by a coordinate closely with Union delegations. Member State in accordance with Directive 2008/115/EC. Those liaison officers shall coordinate closely with Union delegations. 4. The decision to deploy liaison 4. The decision to deploy liaison officers to third countries shall be subject officers to third countries shall be subject to receiving a prior opinion of the to receiving a prior opinion of the Commission, and the European Parliament Commission, and the European Parliament shall be fully informed of those activities shall be fully informed of those activities as soon as possible. without delay.
RR\1097326EN.doc 103/193 PE578.803v02-00 EN Amendment 136
Proposal for a regulation Article 59 – paragraph 4
Text proposed by the Commission Amendment
4. The Court of Justice shall have 4. The Court of Justice shall have jurisdiction in disputes relating to jurisdiction in disputes relating to compensation for the damage referred to in compensation for the damage referred to in paragraph 3. paragraph 3 of this Article and in Article 41(4a).
Amendment 137
Proposal for a regulation Article 60 – paragraph 1 – point c
Text proposed by the Commission Amendment
(c) a Supervisory Board; (c) an Advisory Board;
Amendment 138
Proposal for a regulation Article 61 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) appoint the Executive Director on deleted a proposal from the Commission in accordance with Article 68;
Amendment 139
Proposal for a regulation Article 61 – paragraph 1 – point b
Text proposed by the Commission Amendment
(b) appoint the members of the (b) appoint the members of the Supervisory Board in accordance with Advisory Board in accordance with Article
PE578.803v02-00 104/193 RR\1097326EN.doc EN Article 69(2); 69(2);
Amendment 140
Proposal for a regulation Article 61 – paragraph 1 – point d
Text proposed by the Commission Amendment
(d) adopt a consolidated annual (d) adopt an annual activity report of activity report of the Agency for the the Agency for the previous year and previous year and forward it by 1 July at forward it by 1 July at the latest to the the latest to the European Parliament, the European Parliament, the Council, the Council, the Commission and the Court of Commission and the Court of Auditors; the Auditors; the consolidated annual activity annual activity report shall be made public; report shall be made public;
Amendment 141
Proposal for a regulation Article 61 – paragraph 1 – point e
Text proposed by the Commission Amendment
(e) before 30 November each year, and (e) before 30 November each year, and after taking into account the opinion of the after taking into account the opinion of the Commission, adopt, by a majority of two- Commission, adopt, by a majority of two- thirds of the members entitled to vote, a thirds of the members entitled to vote and single programming document containing its work programme for the following year the Agency’s multiannual programming and forward it to the European Parliament, and its work programme for the following the Council and the Commission; year and forward it to the European Parliament, the Council and the Commission;
Amendment 142
Proposal for a regulation Article 61 – paragraph 1 – point g a (new)
RR\1097326EN.doc 105/193 PE578.803v02-00 EN
Text proposed by the Commission Amendment
(ga) decide on any acquisition or leasing of equipment entailing significant costs to the Agency referred to in Article 37;
Amendment 143
Proposal for a regulation Article 61 – paragraph 1 – point p
Text proposed by the Commission Amendment
(p) adopt and regularly update the (p) adopt and regularly update the communication and dissemination plans communication and dissemination plans referred to in Article 7(3) based on an referred to in Article 7(3); analysis of needs;
Amendment 144
Proposal for a regulation Article 61 – paragraph 1 – point q a (new)
Text proposed by the Commission Amendment
(qa) decide on the objective criteria of the vulnerability assessment and on enhanced assessment and monitoring of a Member State referred to in Article 12 (1).
Amendment 145
Proposal for a regulation Article 61 – paragraph 2
Text proposed by the Commission Amendment
2. Proposals for decisions on specific deleted activities of the Agency to be carried out at, or in the immediate vicinity of, the external border of any particular Member
PE578.803v02-00 106/193 RR\1097326EN.doc EN State shall require a vote in favour of their adoption by the Member of the Management Board representing that Member State.
Amendment 146
Proposal for a regulation Article 61 – paragraph 6
Text proposed by the Commission Amendment
6. The Management Board may 6. The Management Board may establish a small-sized Executive Board establish a small-sized Executive Board composed of the Chairperson of the composed of the Chairperson of the Management Board, one representative of Management Board, one representative of the Commission and three members of the the Commission and three members of the Management Board, to assist it and the Management Board, to assist it and the Executive Director with regard to the Executive Director with regard to the preparation of the decisions, programmes preparation of the decisions, programmes and activities to be adopted by the and activities to be adopted by the Management Board and when necessary, Management Board and when necessary, because of urgency, to take certain because of urgency, to take certain provisional decisions on behalf of the provisional decisions on behalf of the Management Board. Management Board. The Management Board may provide for the delegation of certain clearly defined tasks to the Executive Board, in particular where this improves the efficiency of the Agency.
Amendment 147
Proposal for a regulation Article 62 – 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 voting rights. To this Commission and one representative of the effect, each Member State shall appoint a European Parliament, all with voting member of the Management Board as well rights. To this effect, each Member State as an alternate who will represent the shall appoint a member of the Management member in his or her absence. The Board as well as an alternate who will
RR\1097326EN.doc 107/193 PE578.803v02-00 EN Commission shall appoint two members represent the member in his or her absence. and their alternates. The duration of the The Commission shall appoint two terms of office shall be four years. The members and their alternates. The terms of office shall be extendable. European Parliament shall appoint one member and his or her alternate. The duration of the terms of office shall be four years. The terms of office shall be extendable.
Justification
The joint statement of the European Parliament, the Council of the EU and the European Commission on decentralised agencies of 19 July 2012 clearly states that where appropriate one member of the management board should be designated by the European Parliament. Given the important role of this agency, and given that this principle has been applied recently for instance with regards to the European Union Intellectual Property Office it would be reasonable to apply this principle also for this agency. The inclusion of a member of the management board designated by the European Parliament would also increase transparency with regards to the proceedings of the board.
Amendment 148
Proposal for a regulation Article 63 – title
Text proposed by the Commission Amendment
Multiannual programming and annual Annual work programmes work programmes
Amendment 149
Proposal for a regulation Article 63 – paragraph 1
Text proposed by the Commission Amendment
1. The Management Board shall, by 1. The Management Board shall, by 30 November each year, adopt a 30 November each year, adopt the programming document containing the Agency’s annual programming for the Agency’s multiannual programming and following year, based on a draft put annual programming for the following forward by the Executive Director, taking year, based on a draft put forward by the into account the opinion of the Executive Director, taking into account the Commission. The Management Board opinion of the Commission and, as regards shall, without delay, forward that
PE578.803v02-00 108/193 RR\1097326EN.doc EN the multiannual programming, after document to the European Parliament, the having consulted the European Council and the Commission. Parliament. The Management Board shall forward that document to the European Parliament, the Council and the Commission.
Amendment 150
Proposal for a regulation Article 63 – paragraph 3
Text proposed by the Commission Amendment
3. The multiannual programming deleted shall set out overall strategic programming in the medium and long term, including the objectives, expected results and performance indicators, as well as resource planning, including the multiannual budget and staff. The multiannual programming shall set the strategic areas of interventions and explain what needs to be done to achieve the objectives. It shall include a strategy for relations with third countries and international organisations, as well as the actions linked to that strategy.
Amendment 151
Proposal for a regulation Article 63 – paragraph 4
Text proposed by the Commission Amendment
4. The multiannual programming deleted shall be implemented by means of annual work programmes and shall, where appropriate, be updated following the outcome of the evaluation referred to in Article 80. The conclusion of those evaluations shall also be reflected, where appropriate, in the annual work
RR\1097326EN.doc 109/193 PE578.803v02-00 EN programme for the following year.
Amendment 152
Proposal for a regulation Article 63 – paragraph 5
Text proposed by the Commission Amendment
5. The annual work programme shall 5. The annual work programme shall contain a description of the activities to be contain a description of the activities to be financed comprising detailed objectives financed comprising detailed objectives and expected results including performance and expected results including performance indicators. It shall also contain an indicators. It shall also contain an indication of the financial and human indication of the financial and human resources allocated to each activity, in resources allocated to each activity, in accordance with the principles of activity- accordance with the principles of activity- based budgeting and management. The based budgeting and management. It shall annual work programme shall be clearly indicate tasks that have been added, consistent with the multiannual changed or deleted compared to the programming. It shall clearly indicate previous financial year. tasks that have been added, changed or deleted compared to the previous financial year.
Amendment 153
Proposal for a regulation Article 65 – paragraph 5
Text proposed by the Commission Amendment
5. The Management Board may invite 5. The Management Board may invite a representative of the European External a representative of the European External Action Service. Action Service or of any other body, agency or institution of the Union.
Amendment 154
Proposal for a regulation Article 67 – paragraph 1
PE578.803v02-00 110/193 RR\1097326EN.doc EN
Text proposed by the Commission Amendment
1. The Agency shall be managed by 1. The Agency shall be managed by its Executive Director, who shall be its Executive Director, who shall be completely independent in the performance completely independent in the performance of his or her duties. Without prejudice to of his or her duties and neither seek nor the respective competencies of the take instructions from anybody. Without Commission and the Management Board, prejudice to the respective competencies of the Executive Director shall neither seek the Commission and the Management nor take instructions from any government Board, the Executive Director shall neither or from any other body. seek nor take instructions from any government or from any other body.
Amendment 155
Proposal for a regulation Article 67 – paragraph 2
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, in particular on the implementation tasks, including on the implementation and and monitoring of the Fundamental Rights monitoring of the Fundamental Rights Strategy, the consolidated annual activity Strategy, the annual activity report of the report of the Agency for the previous year, Agency for the previous year, the work the work programme for the following year programme for the following year or any and the Agency’s multiannual other matter related to the activities of the programming. Agency. The Executive Director shall make a statement before the European Parliament and report to it regularly.
Amendment 156
Proposal for a regulation Article 67 – paragraph 3 – point d
Text proposed by the Commission Amendment
(d) to prepare each year the (d) to prepare each year the annual consolidated annual activity report on the activity report on the Agency’s activities Agency’s activities and submit it to the and submit it to the Management Board;
RR\1097326EN.doc 111/193 PE578.803v02-00 EN Management Board;
Amendment 157
Proposal for a regulation Article 67 – paragraph 3 – point k
Text proposed by the Commission Amendment
(k) to ensure the implementation of the (k) to ensure the implementation of the Commission decision referred to in Article Council decision referred to in Article 18; 18;
Amendment 158
Proposal for a regulation Article 67 – paragraph 3 – point l
Text proposed by the Commission Amendment
(l) to withdraw financing of a joint (l) to withdraw financing of activities operation or rapid border intervention or in accordance with Article 24; to suspend or terminate such operations in accordance with Article 24;
Amendment 159
Proposal for a regulation Article 67 – paragraph 3 – point m
Text proposed by the Commission Amendment
(m) to evaluate the results of joint (m) to evaluate the results of activities operations and rapid border interventions in accordance with Article 25; in accordance with Article 25;
Amendment 160
Proposal for a regulation Article 68
PE578.803v02-00 112/193 RR\1097326EN.doc EN
Text proposed by the Commission Amendment
1. The Commission shall propose 1. The European Parliament and the candidates for the post of the Executive Council shall, by common accord, appoint Director and the Deputy Executive the Executive Director and the Deputy Director based on a list following Executive Director based on a list drawn publication of the post in the Official up by the Commission following Journal of the European Union and other publication of the post in the Official press or internet sites as appropriate. Journal of the European Union and other press or internet sites as appropriate. 2. The Executive Director shall be 2. The Executive Director shall be appointed by the Management Board on chosen on the grounds of merit, the grounds of merit and documented high- independence and documented high-level level administrative and management administrative and management skills, as skills, as well as senior professional well as senior professional experience in experience in the field of management of the field of management of the external the external borders and return. The borders and return. Management Board shall take its decision by a two-thirds majority of all members with a right to vote. Power to dismiss the Executive Director shall lie with the Management Board, acting on a proposal from the Commission, according to the same procedure. 3. The Executive Director shall be 3. The Executive Director shall be assisted by a Deputy Executive Director. If assisted by a Deputy Executive Director. If the Executive Director is absent or the Executive Director is absent or indisposed, the Deputy Executive Director indisposed, the Deputy Executive Director shall take his or her place. shall take his or her place. 4. The Deputy Executive Director 4. The Deputy Executive Director shall be appointed by the Management shall be chosen on the grounds of merit Board on the grounds of merit and and documented appropriate administrative documented appropriate administrative and and management skills, as well as relevant management skills, as well as relevant professional experience in the field of professional experience in the field of management of the external borders and management of the external borders and return. The Deputy Executive Director return on the proposal of the Commission, shall be appointed for five years. after having consulted the Executive Director. The Management Board shall take its decision by a two-thirds majority of all members with a right to vote. Power to dismiss the Deputy Executive Director shall be with the Management Board, according to the same procedure.
RR\1097326EN.doc 113/193 PE578.803v02-00 EN 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. 6. The Management Board, acting on 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 no more than five years. 7. The term of the office of the Deputy Executive Director shall be five years. It may be extended by the Management Board once for another period of up to five years. 7a. The Executive Director and the Deputy Executive Director shall be eligible for reappointment. 7b. Apart from normal replacement or death, the duties of the Executive Director and the Deputy Executive Director shall end in the event of resignation. The Executive Director and the Deputy Executive Director may be dismissed by the Court of Justice at the request of the European Parliament, the Council or the Commission, if he or she no longer fulfils the conditions required for the performance of his or her duties or if he or she is guilty of serious misconduct.
Amendment 161
Proposal for a regulation Article 69
Text proposed by the Commission Amendment
Supervisory Board Advisory Board 1. The Supervisory Board shall advise 1. The Advisory Board shall advise the Executive Director: the Executive Director:
PE578.803v02-00 114/193 RR\1097326EN.doc EN (a) on the recommendations to be made (a) on the recommendations to be made by the Executive Director to a Member by the Executive Director to a Member State concerned to initiate and carry out State concerned to initiate and carry out joint operations or rapid border joint operations or rapid border interventions in accordance with Article interventions in accordance with Article 14(4); 14(4); (b) on the decisions to be taken by the (b) on the decisions to be taken by the Executive Director to Member States based Executive Director to Member States based on the outcome of the vulnerability on the outcome of the vulnerability assessment carried out by the Agency in assessment carried out by the Agency in accordance with Article 12; accordance with Article 12; (c) on the measures needed to be taken (c) on the measures needed to be taken for the practical execution of the for the practical execution of the Council Commission decision related to a situation decision related to a situation requiring requiring urgent action at the external urgent action at the external borders, borders, including the technical equipment including the technical equipment and staff and staff needed to meet the objectives of needed to meet the objectives of that that decision in accordance with Article decision in accordance with Article 18(3). 18(3). 2. The Supervisory Board shall be 2. The Advisory Board shall be composed of the Deputy Executive composed of the Deputy Executive Director, four other senior officials of the Director, three other senior officials of the Agency to be appointed by the Agency to be appointed by the Management Board and one of the Management Board, the Fundamental representatives of the Commission to the Rights Officer and one of the Management Board. The Supervisory representatives of the Commission to the Board shall be chaired by the Deputy Management Board. The Advisory Board Executive Director. shall be chaired by the Deputy Executive Director. 3. The Supervisory Board shall report 3. The Advisory Board shall report to to the Management Board. the Management Board.
Amendment 162
Proposal for a regulation Article 70
Text proposed by the Commission Amendment
1. A Consultative Forum shall be 1. An independent consultative established by the Agency to assist the Forum shall be established by the Agency Executive Director and the Management to assist the Executive Director and the Board in fundamental rights matters. Management Board in fundamental rights matters. 2. The Agency shall invite the 2. The Agency shall invite EASO, the
RR\1097326EN.doc 115/193 PE578.803v02-00 EN European Asylum Support Office, the European Union Agency for Fundamental European Union Agency for Fundamental Rights, the United Nations High Rights, the United Nations High Commissioner for Refugees and other Commissioner for Refugees and other relevant organisations to participate in the relevant organisations to participate in the Consultative Forum. On a proposal by the Consultative Forum. On a proposal by the Executive Director, the Management Board Executive Director, the Management Board shall decide on the composition and the shall decide on the composition and the modalities of the transmission of working methods of the Consultative information to the Consultative Forum. Forum and the modalities of the The Consultative Forum shall define its transmission of information to the working methods and set up its work Consultative Forum. programme. 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, Codes of Conduct and common Strategy, on the setting-up of the core curricula. complaints mechanism, Codes of Conduct and common core curricula. 3a. The Agency shall inform the Consultative Forum whether, and if so how, it has altered its activities as a response to reports and recommendations of the Consultative Forum. The Agency shall include details of such alterations in its annual report. 4. The Consultative Forum shall 4. The Consultative Forum shall prepare an annual report of its activities. prepare an annual report of its activities. That report shall be made publicly That report shall be made publicly available. available. 5. The Consultative Forum shall have 5. The Consultative Forum shall have access to all information concerning the effective access to all information respect for fundamental rights, including concerning the respect for fundamental by carrying out on spot visits to joint rights, including by carrying out on spot operations or rapid border interventions visits to joint operations, rapid border subject to the agreement of the host interventions, hotspot areas, return Member State. operations and return interventions.
Amendment 163
Proposal for a regulation Article 71
Text proposed by the Commission Amendment
1. A Fundamental Rights Officer shall 1. A Fundamental Rights Officer with
PE578.803v02-00 116/193 RR\1097326EN.doc EN be designated by the Management Board the task of monitoring and promoting the and shall have the necessary qualifications respect of fundamental rights within the and experience in the field of fundamental Agency shall be designated by the rights. Management Board and shall have the necessary qualifications and experience in the field of fundamental rights. 1a. The Fundamental Rights Officer shall have adequate resources and staff at her or his disposal, corresponding to the mandate and the size of the Agency and shall have access to all information necessary to fulfil her or his task. 2. The Fundamental Rights Officer 2. The Fundamental Rights Officer shall be independent in the performance of shall be independent in the performance of his or her duties as a Fundamental Rights his or her duties as a Fundamental Rights Officer, he or she shall report directly to Officer, he or she shall report directly to the Management Board and cooperate with the Management Board and to the the Consultative Forum. The Fundamental Consultative Forum. The Fundamental Rights Officer shall report on a regular Rights Officer shall report on a regular basis and as such contribute to the basis and as such contribute to the mechanism for monitoring fundamental mechanism for monitoring fundamental rights. rights. 3. The Fundamental Rights Officer 3. The Fundamental Rights Officer shall be consulted on the operational plans shall be consulted on the operational plans drawn up in accordance with Articles 15, drawn up in accordance with Articles 15, 16 and 32(4) and shall have access to all 16, 27 and 32(4) and shall have access to information concerning respect for all information concerning respect for fundamental rights, in relation to all the fundamental rights, in relation to all the activities of the Agency. activities of the Agency.
Amendment 164
Proposal for a regulation Article 72
Text proposed by the Commission Amendment
1. The Agency, in cooperation with 1. The Agency, in cooperation with the Fundamental Rights Officer, shall take the Fundamental Rights Officer, shall take the necessary measures to set up a the necessary measures to set up an complaint mechanism in accordance with independent, accessible, transparent and this Article to monitor and ensure the effective complaint 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.
RR\1097326EN.doc 117/193 PE578.803v02-00 EN 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 of staff involved in a joint operation, pilot project, rapid border operation, pilot project, rapid border intervention, return operation or return intervention, migration management intervention, and who considers him or support team, return operation or return herself to have been the subject of a breach intervention, and who considers him or of his or her fundamental rights due to herself to have been the subject of a those actions, or any third parties violation of his or her fundamental rights, intervening on behalf of such a person, as protected by Union law, due to those may submit a complaint, in writing, to the actions, or any third parties intervening on Agency. behalf of such a person, may submit a complaint, in writing, to the Agency. 3. Only substantiated complaints 3. Only substantiated complaints involving concrete fundamental rights involving concrete fundamental rights violations shall be admissible. Complaints violations shall be admissible. Complaints which are anonymous, malicious, which are manifestly unfounded, frivolous, vexatious, hypothetical or anonymous, malicious, frivolous, inaccurate shall be excluded from the vexatious, or hypothetical shall be complaint mechanism. excluded from the complaint mechanism. Complaints may be submitted by third parties acting in good faith in the interests of a complainant who may wish to keep his or her identity undisclosed. 4. The Fundamental Rights Officer 4. The Fundamental Rights Officer shall be responsible for handling shall be responsible for handling complaints received by the Agency in complaints received by the Agency in accordance with the right to good accordance with the Charter, including the administration. For this purpose, the right to good administration. For this Fundamental Rights Officer shall review purpose, the Fundamental Rights Officer the admissibility of a complaint, register shall review the admissibility of a admissible complaints, forward all complaint, register admissible complaints, registered complaints to the Executive forward all registered complaints to the Director, forward complaints concerning Executive Director and complaints border guards to the home Member State concerning border guards to the home and register the follow-up by the Agency Member State, including the relevant or that Member State. authority or body competent for fundamental rights in Member State, within a determined time period. The Fundamental Rights Officer shall also register and ensure the follow-up by the Agency or that Member State. Any decision shall be in written form and reasoned. The Fundamental Rights Officer shall inform the complainant of the decision on admissibility, and of the national authorities to which his or her complaint was forwarded.
PE578.803v02-00 118/193 RR\1097326EN.doc EN If a complaint is not admissible, complainants shall be informed of the reasons and provided with further options for addressing their concerns. 5. In case of a registered complaint 5. In the case of a registered concerning a staff member of the Agency, complaint concerning a staff member of the Executive Director shall ensure the Agency, the Executive Director shall appropriate follow-up, including ensure appropriate follow-up, in disciplinary measures as necessary. The consultation with the Fundamental Rights Executive Director shall report back to the Officer, including disciplinary measures as Fundamental Rights Officer as to the necessary. The Executive Director shall findings and follow-up given by the report back to the Fundamental Rights Agency to a complaint. Officer regarding the implementation of disciplinary measures within a determined time period, and if necessary, at regular intervals thereafter. 6. In case of a registered complaint 6. In case of a registered complaint concerning a border guard of a host concerning a border guard of a host Member State or a member of the teams, Member State or a member of the teams, including seconded members of the teams including seconded members of the teams or seconded national experts, the home or seconded national experts, 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 as necessary or other measures in accordance with national law. The relevant accordance with national law. The relevant Member State shall report back to the Member State shall report back to the Fundamental Rights Officer as to the Fundamental Rights Officer as to the findings and follow-up to a complaint. findings and follow-up to a complaint within a determined time period, and if necessary, at regular intervals thereafter. Where the relevant Member State does not report back, the Agency shall send a warning letter indicating the actions which the Agency can take if no follow-up is received to the letter. 6a. Where a border guard or a seconded national expert is found to have violated fundamental rights or international protection obligations, the Agency shall request the Member State to remove that border guard or seconded national expert immediately from the activity of the Agency or the rapid reaction pool. 7. The Fundamental Rights Officer 7. The Fundamental Rights Officer shall report to the Executive Director and shall report to the Executive Director and to the Management Board as to the to the Management Board as to the
RR\1097326EN.doc 119/193 PE578.803v02-00 EN findings and follow-up given to complaints findings and follow-up given to complaints by the Agency and the Member States. by the Agency and the Member States. The Agency shall include in its annual report information on the complaints mechanism, indicating the number of complaints received, the types of fundamental rights violation, the operation concerned and the follow-up measures taken by the Agency and Member States. 8. In accordance with the right to good administration, if a complaint is admissible, complainants shall be informed that a complaint has been registered, that an assessment has been initiated and that a response may be expected as soon as it becomes available. If a complaint is not admissible, complainants shall be informed of the reasons and provided with further options for addressing their concerns. 9. The Fundamental Rights Officer 9. The Fundamental Rights Officer shall, after consulting the Consultative shall establish the procedure for the Forum, draw up a standardized complaint complaints mechanism on the basis of form requiring detailed and specific Article 41 of the Charter and in information concerning the alleged breach accordance with the provisions set out of fundamental rights. The Fundamental above, after consulting the Consultative Rights Officer shall submit that form to the Forum, and draw up a standardized Executive Director and to the Management complaint form requiring detailed and Board. specific information concerning the alleged fundamental rights violation. The Fundamental Rights Officer shall submit that form and all the other detailed procedures to the Executive Director and to the Management Board. The Agency shall ensure that the The Agency shall ensure that information standardized complaint form is available in about the possibility and procedure for most common languages and that it shall making a complaint is readily available. be made available on the Agency’s The standardized complaint form shall be website and in hardcopy during all made available in languages that third- activities of the Agency. Complaints shall country nationals understand or are be considered by the Fundamental Rights reasonably believed to understand on the Officer even when they are not submitted Agency’s website and in hardcopy during in the standardized complaint form. all activities of the Agency. Further guidance and assistance on the complaints procedure shall be provided to alleged victims and on request. Information tailored to children and other
PE578.803v02-00 120/193 RR\1097326EN.doc EN vulnerable groups shall be provided to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form. 10. Any personal data contained in a 10. Any personal data contained in a complaint shall be handled and processed complaint shall be handled and processed by the Agency and the Fundamental Rights by the Agency and the Fundamental Rights Officer in accordance with Regulation Officer in accordance with Regulation (EC) No 45/2001 and by Member States in (EC) No 45/2001 and by Member States in accordance with Directive 95/46/EC and accordance with Directive 95/46/EC and Council Framework Decision Council Framework Decision 2008/977/JHA. 2008/977/JHA. The submission of the complaint is The submission of the complaint is understood as the complainant consenting understood as the complainant consenting to the processing of his or her personal data to the processing of his or her personal data in the meaning of point (d) of Article 5 of in the meaning of point (d) of Article 5 of Regulation (EC) No 45/2001 by the Regulation (EC) No 45/2001 by the Agency and the Fundamental Rights Agency and the Fundamental Rights Officer. Officer. In order to safeguard the interest of the In order to safeguard the interest of the complainants, complaints shall be dealt complainants, complaints shall be dealt with confidentially unless the complainant with confidentially unless the complainant waives his or her right to confidentiality. waives his or her right to confidentiality. For complainants who waive their right to For complainants who waive their right to confidentiality, it is understood that he or confidentiality, it is understood that he or she consents to the Fundamental Rights she consents to the Fundamental Rights Officer or the Agency disclosing his or her Officer or the Agency disclosing his or her identity in relation to the matter under identity to the competent authority and complaint. where relevant or necessary, the relevant authority or body competent for fundamental rights of the relevant Member State in relation to the matter under complaint. 10a. Data protection rights and related complaints submitted by data subjects shall be dealt with separately by the Data Protection Officer established in accordance with Article 44(1) of this Regulation. The Fundamental Rights Officer and the Data Protection Officer shall establish, in writing, a memorandum of understanding specifying their division of tasks as regards complaints received.
RR\1097326EN.doc 121/193 PE578.803v02-00 EN Amendment 165
Proposal for a regulation Article 74 – paragraph 2
Text proposed by the Commission Amendment
2. The Agency may communicate on 2. The Agency shall communicate on its own initiative in the fields within its its own initiative in the fields within its mission. It shall make public the mission. It shall make public relevant consolidated annual activity report referred information including the annual activity to in Article 61(1)(d) and ensure in report referred to in Article 61(1)(d) and particular that the public and any interested ensure in particular that the public and any party are rapidly given objective, reliable interested party are rapidly given objective, and easily understandable information with detailed, reliable and easily understandable regard to its work. information with regard to its work without revealing operational information which, if made public, would jeopardise attainment of the objective of operations.
Amendment 166
Proposal for a regulation Article 75 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
1. The revenue of the Agency shall 1. The revenue of the Agency shall consist, without prejudice to other types of consist of: income, of:
Amendment 167
Proposal for a regulation Article 75 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2a. In order to increase budgetary transparency the operational expenditure shall be presented in the Union budget through separate budget items per activity area.
PE578.803v02-00 122/193 RR\1097326EN.doc EN Amendment 168
Proposal for a regulation Article 75 – paragraph 7
Text proposed by the Commission Amendment
7. The estimate shall be forwarded by 7. Upon receipt, the estimate shall be the Commission to the European forwarded by the Commission to the Parliament and the Council (hereinafter European Parliament and the Council referred to as the budgetary authority) (hereinafter referred to as the budgetary together with the preliminary draft budget authority). of the European Union.
Amendment 169
Proposal for a regulation Article 75 – paragraph 13
Text proposed by the Commission Amendment
13. In the view of financing the 13. In the view of financing the deployment of rapid border interventions deployment of rapid border interventions and return interventions, the budget of the and return interventions, the budget of the Agency adopted by the Management Board Agency adopted by the Management Board shall include a financial operational reserve shall include a financial operational reserve amounting at least to 4% of the allocation amounting at least to 4% of the allocation foreseen for the operational activities. The foreseen for the operational activities. On 1 reserve should be maintained throughout October each year, at least one-quarter of the year. the reserve should remain available in order to cover needs arising until the end of the year.
Amendment 170
Proposal for a regulation Article 77 a (new)
Text proposed by the Commission Amendment
Article 77a Prevention of conflicts of interest The Agency shall adopt internal rules
RR\1097326EN.doc 123/193 PE578.803v02-00 EN requiring the members of their bodies and their staff members to avoid any situation liable to give rise to a conflict of interest during their employment or term of office and to report such situations.
Amendment 171
Proposal for a regulation Article 79
Text proposed by the Commission Amendment
Article 79 deleted Committee Procedure 1. The Commission shall be assisted by the committee established by Article 33a of Regulation (EC) No 562/2006. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or two-thirds of the committee members so request. 4. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply. 5. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
PE578.803v02-00 124/193 RR\1097326EN.doc EN Amendment 172
Proposal for a regulation Article 80
Text proposed by the Commission Amendment
1. By three years from the date of 1. By ... [three years from the date of entry into force of this Regulation, and entry into force of this Regulation], and every three years thereafter, the every three years thereafter, the Commission shall carry out an evaluation Commission shall carry out an to assess particularly the impact, independent evaluation to assess effectiveness and efficiency of the particularly the results achieved by the Agency’s performance and its working Agency having regard to its objectives, practices in relation to its objectives, mandate and tasks, the impact, mandate and tasks. The evaluation shall, in effectiveness and efficiency of the particular, address the possible need to Agency’s performance and its working modify the mandate of the Agency, and the practices in relation to its objectives, financial implications of any such mandate and tasks and the implementation modification. of the European cooperation on coast guard functions. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification. The evaluation shall include a specific The evaluation shall include a specific analysis on the way the Charter was analysis on the way the Charter and complied with in the application of this relevant Union law was complied with in Regulation. the application of this Regulation. 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, to the European Parliament, the Council and the Parliament, the Council and the Management Board. The evaluation report Management Board. The evaluation report and the conclusions on the report shall be and the conclusions on the report shall be made public. made public. 3. On the occasion of every second evaluation, the Commission shall assess the results achieved by the Agency having regard to its objectives, mandate and tasks.
RR\1097326EN.doc 125/193 PE578.803v02-00 EN Amendment 173
Proposal for a regulation Article 82 – paragraph 2
Text proposed by the Commission Amendment
Article 19(5) and Articles 28, 29, 30 and Articles 28, 29, 30 and 31 shall apply from 31 shall apply from three months after the ... [three months after the entry into force entry into force of this Regulation. of this Regulation].
PE578.803v02-00 126/193 RR\1097326EN.doc EN EXPLANATORY STATEMENT
Introduction
The Schengen area as an area of 26 countries without internal border control in which persons may move freely is rightly by many considered as among the biggest and most visible achievements of European integration. Its very idea - the absence of controls at internal borders - is however currently challenged in an unprecedented way: eight Schengen states (Belgium, Denmark, Germany, Hungary, Austria, Slovenia, Sweden and Norway) have reintroduced border controls at internal borders as reaction to secondary movements of irregular migrants considered as serious threat to internal security and public policy. In addition, Malta and France have reintroduced internal border control for security considerations.
This shows that the tools and mechanisms which have been developed over time for the effective functioning of the Schengen area are not sufficient given the magnitude of the current migration crisis as well the threats posed by terrorist activities.
Work is on-going to address the challenges caused by the migration crisis, to encourage greater solidarity among Member States and to strengthen the exchange of information and cooperation of law enforcement authorities in the fight against terrorism.
The proposal for a European Border and Coast Guard (EBCG) addresses the need to ensure the proper control of the Schengen external border as a precondition to manage migration effectively, to ensure high level of security within while safeguarding free movement of persons within the Union. It is thus in the current context a key element to address the weaknesses identified but not the universal remedy.
Background
The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the EU (known as Frontex) started operations on 1 May 2005. The underlying idea of 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 was already revised two times. Regulation 863/2007 introduced the concept of rapid border interventions and Regulation 1168/2011 highlighted the responsibility of Frontex as regards the protection of fundamental rights.
In 2013 Regulation 1052/2013 furthermore established the European Border Surveillance System (Eurosur) which is managed by Frontex and can be described as a map of the situational picture at the border which serves to exchange information. In addition, following a court case brought by Parliament, Regulation 656/2014 established rules for the surveillance of the external sea borders in the context of sea operations coordinated by Frontex.
RR\1097326EN.doc 127/193 PE578.803v02-00 EN At the time of the adoption of the latest review of the Frontex Regulation in 2011 the Commission committed in a declaration to launch a feasibility study regarding the creation of a European system of border guards.1 Also the European Council in the Stockholm Programme invited the Commission "to initiate a debate on the long-term development of Frontex" [including] [...] the feasibility of the creation of a European system of border guards". This study has been prepared and presented to the LIBE Committee.2
In parallel, Frontex underwent an evaluation which was foreseen in its legal basis the result of which has been published.3 In its Agenda on Migration the Commission announced that "on the basis of the ongoing evaluation [...], the Commission will propose to amend the Frontex legal basis to strengthen its role on return."
Parliament has been discussing the future development of Frontex on many occasions, including during a debate in plenary held on 11 February 2015 and while preparing its resolution of 2 December 2015 on the Special Report of the European Ombudsman in own- initiative inquiry OI/5/2012/BEH-MHZ concerning Frontex (2014/2215(INI)). In this resolution it recommended the inclusion of provisions on an individual complaints mechanism when the Frontex mandate would be reviewed.
This proposal on a EBCG
On the basis of the above mentioned preparatory work and faced with an unprecedented migration crisis the Commission presented last December this proposal. It foresees a complete revision of the Frontex mandate by significantly enhancing its competences.
The Commission proposes the creation of the concept of the EBCG which would be composed of the new EBCG Agency, replacing Frontex, and the national Member State authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks. The Commission also proposes to include the concept of European integrated border management for the first time in legislation.
Among the innovative elements of the proposal are the establishment of a vulnerability assessment as a preventive mechanism to avoid ineffective control of the external border, the deployment of liaison officers to Member States, the procedure for situations at the border requiring urgent action and the setting up of a pool of 1500 border guards which would have to be made available by Member States for rapid deployment without exception. The proposal also foresees a much stronger role of the Agency in the field of return, the strengthening of its capacity (staff, budget, equipment), increased cooperation with third countries, the establishment of a European cooperation on coast guard functions.
Position of the Rapporteur
1 http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-344 2 http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/border- crossing/docs/20141016_home_esbg_frp_001_esbg_final_report_3_00_en.pdf 3 http://frontex.europa.eu/assets/Publications/General/Final_Report_on_External_Evaluation_of_Frontex.pdf
PE578.803v02-00 128/193 RR\1097326EN.doc EN The rapporteur welcomes and supports the proposal as a further element which, once adopted, will enhance solidarity between the Member States, reinforce integration regarding border management and contribute to preventing crisis situations at the external border. The proposal is a response to the weaknesses identified be they the unwillingness or inability of Member States to make border guards and equipment available for deployment by the Agency when so requested, the lack of an effective monitoring and preventive measures, or the fact that mechanisms created were not activated by Member States (there were only two rapid border interventions since the mechanism was established). 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.
The rapporteur proposes a number of amendments which should enable the Agency to better achieve its objectives. It is crucial that the Agency in the future 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 proposed procedure for situations at the border requiring urgent action (Article 18) the rapporteur considers that the proposal respects Member States' sovereignty as it also foresees that the Member State concerned has to agree with the Agency on the operational plan and is also the one who has to issue instructions to the teams. The rapporteur, however, believes that decisions to act should be taken by the Council to strengthen the decision making process and further emphasise the sovereignty of the Member States. There also has to be a realistic procedure for action in case a Member States does not follow a decision of Council. In such cases it is no option to wait for the outcome of a court procedure. Instead, as a last resort in certain well described circumstances reintroducing control at certain internal borders might be necessary in order to protect the Schengen area as such.
The rapporteur also considers that deploying liaison officers to all Member States with an external land or sea border will enable the Agency to better achieve its objectives and facilitate information exchange between the Member State and the Agency. In principle liaison officers should be deployed to all Member States as all Member States should participate in the further building-up of a common culture of high standards regarding border management. In recognition of the fact that Member States with only air borders are exposed to less risk, liaison officers do not necessarily have to be deployed to these Member States. The external borders will be constantly monitored with periodic risk analyses and mandatory vulnerability assessments to identify and address the weakness at the external borders. The rapporteur proposes to strengthen the provisions regarding the equipment for operations. A rapid reaction pool of border guards and a technical equipment pool will be at the disposal of the Agency aiming at their deployment in rapid border interventions within days.
Given the increased role of the Agency in returns, the rapporteur clarifies that in this regard the objective of the agency is to assist the Member States with practical organisation of the return operations, without entering into the merits of return decisions issued by the Member States. Furthermore, given the stronger role and enhanced operational tasks of the Agency the rapporteur supports the establishment of a number of fundamental rights safeguards for the Agency.
RR\1097326EN.doc 129/193 PE578.803v02-00 EN The rapporteur also considers that the Regulation should be "future proof". With the focus currently being on contributing to the effective management of migration at the external borders of the Union, its role involves addressing potential threats at the Union's external borders, including crime with cross- border dimension.
As regards efficiency, the rapporteur proposes to delete the concept of the supervisory board and the multiannual programming exercise as both bear the inherent risk of being an obstacle to efficient action. Also the rapporteur considers that instead of operating through grants the Agency should use contracts when financing or co-financing activities. Grant schemes lack flexibility and are lengthy while contractual relation could be more efficient.
The rapporteur also considers necessary to increase the accountability of the future Agency by providing for more information to be made available to Parliament and the general public. More transparency is necessary to increase legitimacy and to avoid false impressions as to the role of the Agency.
Finally, the rapporteur subscribes to the view that adopting this Regulation is urgent in order to strengthen the control of the external border and thus return to a situation without border controls within the Schengen area.
PE578.803v02-00 130/193 RR\1097326EN.doc EN
17.5.2016
OPINION OF THE COMMITTEE ON FOREIGN AFFAIRS
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 Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC (COM(2015)0671 – C8-0408/2015 – 2015/0310(COD))
Rapporteur: Javier Nart
SHORT JUSTIFICATION
The proposal for a regulation of the European Parliament and of the Council on the European Border and Coast Guard has as the objective the setting up of a European Border and Coast Guard, to ensure an integrated management of the EU's external border.
The proposal is welcomed and corresponds to the challenges the European Union has faced in the on-going refugee and migration crisis. It is estimated that only between January and November 2015, approximately 1,5 million persons have crossed the borders illegally.
Article 77 TFEU sets out an objective of a 'gradual introduction of an integrated management system for external borders' and this proposal should be adopted as a first and important step in that direction.
However, the proposed European Border and Coast Guard Agency will be based on the current Frontex and have to rely on the cooperation and contributions from the Member States in carrying out the practical work.
The regulation needs further amendments as to clarify the concept of 'shared responsibilities' between the Member States and the EU Border and Coast Guard Agency.
While the added competences constitute a significant step forward, it is necessary to see these steps as the first in a process towards a fully independent, integrated and EU-led and EU-wide Border and Coast Guard, financed from the EU budget and with operational autonomy. The final adoption of this regulation should be accompanied by a clear political commitment from the Member States and all EU institutions to such a development.
It is worth noting the stipulations contained in Article 18 of the proposed regulation, which
RR\1097326EN.doc 131/193 PE578.803v02-00 EN will allow for an independent intervention decided by the Commission, even against the will of a Member State.
It is imperative that the Agency establish good relations with Border and Coast Guards in third countries and that the Agency has the operational independence and capability for such external links.
The assessment of the budgetary impact foresees at least € 31,5 million in 2017, but this sum, along with a preliminary estimation of staffing seems to be somewhat low.
Among the amendments proposed by the Foreign Affairs committee are also clarifications on the role of the European Parliament to scrutinize the Agency and on the Agency's cooperation with third countries.
AMENDMENTS
The Committee on Foreign Affairs 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 6 a (new)
Text proposed by the Commission Amendment
(6 a) The European Border and Coast Guard is intended to replace Frontex in order to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein. In accordance with the Treaties and their Protocols, the Member States to which provisions of the Schengen acquis on lifting border controls are yet to apply should be able to participate in and/or benefit from all the actions under this Regulation.
PE578.803v02-00 132/193 RR\1097326EN.doc EN Amendment 2
Proposal for a regulation Recital 9
Text proposed by the Commission Amendment
(9) The tasks of Frontex should (9) The tasks of Frontex should therefore be expanded and to reflect those therefore be expanded and to reflect those changes, it should be renamed European changes, it should be renamed European Border and Coast Guard Agency. The key Border and Coast Guard Agency. The key role of the European Border and Coast role of the European Border and Coast Guard Agency should be to establish an Guard Agency should be to establish an operational and technical strategy for the operational and technical strategy for the implementation of an integrated border implementation of an integrated border management at Union level, to oversee the management at Union level, to oversee the effective functioning of border control at effective functioning of border control at the external borders, to provide increased the external borders, to provide increased operational and technical assistance to operational and technical assistance to Member States through joint operations Member States through joint operations and rapid border interventions, and to and rapid border interventions, and to ensure the practical execution of measures ensure the practical execution of measures in case of a situation requiring urgent in case of a situation requiring urgent action at the external borders, as well as to action at the external borders, including organise, coordinate and conduct return search and rescue operations at sea, as operations and return interventions. well as to organise, coordinate and conduct return operations and return interventions.
Amendment 3
Proposal for a regulation Recital 12
Text proposed by the Commission Amendment
(12) In a spirit of shared responsibility, (12) Undertaking a shared the role of the European Border and Coast responsibility with the Member States, the Guard Agency should be to regularly role of the European Border and Coast monitor the management of the external Guard Agency should be to regularly borders. The Agency should ensure proper monitor the management of the EU and effective monitoring not only through external borders. The Agency should risk analysis, information exchange and ensure proper and effective monitoring not Eurosur, but also through presence of only through risk analysis, information experts from its own staff in Member exchange and Eurosur, but also through the States. The Agency should therefore be presence of experts from its own staff on able to deploy liaison officers to specific the ground, in full cooperation with Member States for a period of time during Member States and respecting the rights which the liaison officer reports to the of non-Schengen countries. The Agency
RR\1097326EN.doc 133/193 PE578.803v02-00 EN Executive Director. The report of the should therefore be able to deploy liaison liaison officers should form part of the officers to specific Member States for a vulnerability assessment. period of time during which the liaison officer reports to the Executive Director. The report of the liaison officers should form part of the vulnerability assessment.
Amendment 4
Proposal for a regulation Recital 14
Text proposed by the Commission Amendment
(14) The European Border and Coast (14) The European Border and Coast Guard Agency should organise the Guard Agency should organise and offer appropriate technical and operational appropriate additional technical and assistance to Member States so as to operational assistance to Member States so reinforce their capacity to implement their as to reinforce their capacity to implement obligations with regard to the control of the their obligations with regard to the control external borders, and to face challenges at of the external borders and to face the external border resulting from challenges at the external border, including irregular immigration or cross-border through search and rescue operations at crime. In this respect, the European Border sea, without prejudice to the responsible and Coast Guard Agency should, at the national authorities' competence to request of a Member State or on its own initiate criminal investigations. In this initiative, organise and coordinate joint respect, the European Border and Coast operations for one or more Member States Guard Agency should, at the request of a and deploy European Border and Coast Member State or on its own initiative, Guard Teams as well as the necessary organise and coordinate joint operations for technical equipment, and it may deploy one or more Member States and deploy experts from its own staff. European Border and Coast Guard Teams as well as the necessary technical equipment, and it may deploy experts from its own staff.
Amendment 5
Proposal for a regulation Recital 16
Text proposed by the Commission Amendment
(16) At particular areas of the external (16) At particular areas of the external borders where Member States face borders where Member States face disproportionate migratory pressures disproportionate migratory pressures characterised by large influxes of mixed characterised by large influxes of mixed
PE578.803v02-00 134/193 RR\1097326EN.doc EN migratory flows, referred to as hotspot migratory flows, referred to as hotspot areas, the Member States should be able to areas, the Member States should be able to rely on the increased operational and rely on the increased operational and technical reinforcement by the migration technical reinforcement by the migration management support teams composed of management support teams composed of teams of experts deployed from Member teams of experts deployed from Member States by the European Border and Coast States by the European Border and Coast Guard Agency and the European Asylum Guard Agency and the European Asylum Support Office, and from Europol or other Support Office, and from Europol or other relevant Union Agencies, as well as experts relevant Union Agencies, as well as experts from the staff of the European Border and from the staff of the European Border and Coast Guard Agency. The European Coast Guard Agency. The European Border and Coast Guard Agency should Border and Coast Guard Agency should assist the Commission in the coordination assist the Commission in the coordination among the different agencies on the among the different agencies on the ground. ground. The Agency should have an autonomous right to intervene so that it may deploy its agents and equipment based on the complexity of a border protection situation and the specificities of the external border areas where Member States face disproportionate migration pressures.
Amendment 6
Proposal for a regulation Recital 18
Text proposed by the Commission Amendment
(18) The European Border and Coast (18) The European Border and Coast Guard Agency should have the necessary Guard Agency should have the necessary equipment and staff at its disposal to be equipment and staff at its disposal to be deployed in joint operations or rapid border deployed in joint operations or rapid border interventions. To this end, when launching interventions. To this end, when launching rapid border interventions at the request of rapid border interventions at the request of a Member State or in the context of a a Member State or in the context of a situation requiring urgent action, the situation requiring urgent action, the European Border and Coast Guard Agency European Border and Coast Guard Agency should be able to deploy European Border should be able to deploy European Border and Coast Guard Teams from a rapid and Coast Guard Teams from a rapid reserve pool which should be a standing reserve pool which should be a standing corps composed of a small percentage of corps composed of an appropriate the total number of border guards in the percentage of the total number of border Member States, which should amount to a guards in the Member States, which should minimum of 1 500. The deployment of the amount to a minimum of 1 500. The European Border and Coast Guard Teams deployment of the European Border and
RR\1097326EN.doc 135/193 PE578.803v02-00 EN from the rapid reserve pool should be Coast Guard Teams from the rapid reserve immediately complemented by additional pool should be immediately complemented European Border and Coast Guard Teams by additional European Border and Coast as appropriate. Guard Teams as appropriate.
Amendment 7
Proposal for a regulation Recital 21
Text proposed by the Commission Amendment
(21) The European Border and Coast (21) The European Border and Coast Guard Agency should step up its assistance Guard Agency should step up its assistance to Member States for returning illegally to Member States for returning illegally staying third-country nationals, subject to staying third-country nationals, subject to the Union return policy and in compliance the Union return policy and in compliance with Directive 2008/115/EC of the with Directive 2008/115/EC of the European Parliament and of the Council1. European Parliament and of the Council 1. In particular, it should coordinate and In particular, following the request of one organise return operations from one or or more Member States it should more Member States and it should coordinate and organise return operations organise and conduct return interventions and it should organise and conduct return to reinforce the return system of Member interventions to reinforce the return system States requiring increased technical and of Member States requiring increased operational assistance when complying technical and operational assistance when with their obligation to return illegally complying with their obligation to return staying third-country nationals in illegally staying third-country nationals in accordance with that Directive. accordance with that Directive. ______1 Directive 2008/115/EC of the European 1 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, 21.12.2008, p. 98). (OJ L 348, 21.12.2008, p. 98).
Amendment 8
Proposal for a regulation Recital 28
Text proposed by the Commission Amendment
(28) The European Border and Coast (28) The European Border and Coast Guard Agency should facilitate and Guard Agency, in agreement with the
PE578.803v02-00 136/193 RR\1097326EN.doc EN encourage operational cooperation between Member State(s) concerned, should Member States and third countries in the facilitate and encourage operational framework of the external relations policy cooperation between Member States and of the Union, including by coordinating third countries in the framework of the operational cooperation between Member external relations policy of the Union in States and third countries in the field of cooperation with the Commission and management of external borders and by EEAS, including by coordinating deploying liaison officers to third operational cooperation between Member countries, as well as by cooperating with States and third countries after risk the authorities of third countries on return, assessment of the external borders and by including as regards the acquisition of deploying liaison officers to third travel documents. In their cooperation with countries, as well as by cooperating with third countries, the European Border and the authorities of third countries on return, Coast Guard Agency and Member States including as regards the acquisition of should comply with norms and standards at travel documents. In their cooperation with least equivalent to those set by Union third countries, the European Border and legislation also when the cooperation with Coast Guard Agency and Member States third countries takes place on the territory should comply with norms and standards at of those countries. least equivalent to those set by Union legislation also when the cooperation with third countries takes place on the territory of those countries.
Amendment 9
Proposal for a regulation Recital 29 a (new)
Text proposed by the Commission Amendment
(29 a) During operations carried out by the European Border and Coast Guard, no person shall, in contravention of the principle of non-refoulement, be conducted to or otherwise handed over to the authorities of a third country where, inter alia, there is a serious risk that he or she would be subjected to the death penalty, torture, persecution or other inhuman or 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, or from which there is a serious risk of an expulsion, removal or extradition to another country in
RR\1097326EN.doc 137/193 PE578.803v02-00 EN contravention of the principle of non- refoulement.
Amendment 10
Proposal for a regulation Recital 30
Text proposed by the Commission Amendment
(30) This Regulation establishes a (30) This Regulation establishes a complaint mechanism for the European complaint mechanism for the European Border and Coast Guard Agency, in Border and Coast Guard Agency, in cooperation with the Fundamental Rights cooperation with the Fundamental Rights Officer, to monitor and ensure the respect Officer, to monitor and ensure the respect for fundamental rights in all the activities for fundamental rights in all the activities of the Agency. This should be an of the Agency and its staff. This should be administrative mechanism whereby the an effective and accessible administrative Fundamental Rights Officer should be mechanism whereby the Agency's responsible for handling complaints Fundamental Rights Officer participates in received by the Agency in accordance with accordance with the right to good the right to good administration. The administration and is operationally Fundamental Rights Officer should review independent. The Fundamental Rights the admissibility of a complaint, register Officer should review the admissibility of a admissible complaints, forward all complaint, register and deal accordingly registered complaints to the Executive with all admissible complaints, forward all Director, forward complaints concerning registered complaints to the Executive border guards to the home Member State Director, forward complaints concerning and register the follow-up by the Agency border and coast guards to the home or that Member State. Criminal Member State and register the follow-up investigations should be conducted by the by the Agency or that Member State. This Member States. data should be included in the annual report of the Agency. Criminal investigations should be conducted by the Member States.
Amendment 11
Proposal for a regulation Recital 31
Text proposed by the Commission Amendment
(31) In order to ensure the uniform (31) In order to ensure the uniform conditions for the implementation of this conditions for the implementation of this Regulation, in particular as regards Regulation, in particular as regards situations requiring urgent action at the situations requiring urgent action at the
PE578.803v02-00 138/193 RR\1097326EN.doc EN external borders, implementing powers external borders, implementing powers should be conferred on the Commission. should be conferred on the Commission. Those powers should be exercised in Those powers should be exercised in accordance with Regulation (EU) No accordance with Regulation (EU) No 182/2011 of the European Parliament and 182/2011 of the European Parliament and of the Council.18 of the Council18 and so as to respect the principle of non-refoulement and human right declarations and standards. ______18 Regulation (EU) No 182/2011 of the 18 Regulation (EU) No 182/2011 of the European Parliament and of the Council of European Parliament and of the Council of 16 February 2011 laying down the rules 16 February 2011 laying down the rules and general principles concerning and general principles concerning mechanisms for control by the Member mechanisms for control by the Member States of the Commission’s exercise of States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, implementing powers (OJ L 55, 28.2.2011, p. 13). p. 13).
Amendment 12
Proposal for a regulation Recital 33
Text proposed by the Commission Amendment
(33) The Commission and the Member (33) The Commission, the Member States should be represented within a States and the European Parliament Management Board to exercise policy and should be represented within a political oversight over the European Management Board to exercise policy and Border and Coast Guard Agency. The political oversight over the European Board should, where possible, consist of Border and Coast Guard Agency. The the operational heads of the national Board should, where possible, consist of services responsible for border guard the operational heads of the national management or their representatives. This services responsible for border guard Board should be entrusted with the management or their representatives. This necessary powers to establish the budget, Board should be entrusted with the verify its execution, adopt the appropriate necessary powers to establish the budget, financial rules, establish transparent verify its execution, adopt the appropriate working procedures for decision making by financial rules, establish transparent the European Border and Coast Guard working procedures for decision making by Agency and appoint the Executive Director the European Border and Coast Guard and the Deputy Executive Director. The Agency and appoint the Executive Director Agency should be governed and operated and the Deputy Executive Director. The in line with the principles of the common Agency should be governed and operated approach on Union decentralised agencies in line with the principles of the common adopted on 19 July 2012 by the European approach on Union decentralised agencies Parliament, the Council and the European adopted on 19 July 2012 by the European
RR\1097326EN.doc 139/193 PE578.803v02-00 EN Commission. Parliament, the Council and the European Commission.
Amendment 13
Proposal for a regulation Article 2 – paragraph 1
Text proposed by the Commission Amendment
(1) ‘external borders’ means the land (1) ‘external borders’ means the land and sea borders of the Member States and and sea borders of the Member States and their airports and seaports, to which the their airports and maritime ports, to which provisions of Title II of Regulation (EC) the provisions of Title II of Regulation No 562/2006 of the European Parliament (EC) No 2016/399 of the European and of the Council1 apply; Parliament and of the Council 1 apply, including those Member States to which provisions of the Schengen acquis on lifting internal borders are yet to apply; ______1 Regulation (EC) No 562/2006 of the 1 Regulation (EC) No 2016/399 of the European Parliament and of the Council of European Parliament and of the Council of 15 March 2006 establishing a Community 9 March 2016 on a Union Code on the Code on the rules governing the rules governing the movement of persons movement of persons across borders across borders (Schengen Borders Code) (Schengen Borders Code) (OJ L 105, (OJ L 77, 23.3.2016, p. 1). 13.4.2006, p. 1).
Amendment 14
Proposal for a regulation Article 3 – paragraph 2
Text proposed by the Commission Amendment
2. The European Border and Coast 2. The European Border and Coast Guard Agency shall establish an Guard Agency shall establish an operational and technical strategy for the operational and technical strategy for the European integrated border management. It European integrated border management, shall promote and ensure the with clear objectives and measurable implementation of European integrated targets for improved border security and border management in all Member States. management and taking into account, where justified, the specific situation of the Member States, in particular their geographical location. This strategy shall be regularly updated in order to take into
PE578.803v02-00 140/193 RR\1097326EN.doc EN account new developments on the ground. It shall promote and ensure the implementation of European integrated border management in all Member States.
Amendment 15
Proposal for a regulation Article 4 – paragraph 1 – point a a (new)
Text proposed by the Commission Amendment
(a a) conduct and coordination of search and rescue operations at sea and support to civil society organisations and initiatives conducting search and rescue operations at sea;
Amendment 16
Proposal for a regulation Article 4 – paragraph 1 – point b
Text proposed by the Commission Amendment
(b) analysis of the risks for internal (b) analysis of the risks for internal security and analysis of the threats that security and analysis of the threats that may affect the functioning or security of may affect the functioning or security of the external borders; the external borders;
Amendment 17
Proposal for a regulation Article 4 – paragraph 1 – point d
Text proposed by the Commission Amendment
(d) cooperation with third countries in (d) cooperation with third countries in the areas of covered by this Regulation, the areas of covered by this Regulation, focusing in particular on neighbouring focusing in particular on neighbouring countries and on those third countries countries and on those third countries which have been identified through risk which have been identified through risk analysis as being countries of origin and analysis as being countries of origin and transit for irregular immigration; transit for irregular immigration in cooperation with the Commission, the
RR\1097326EN.doc 141/193 PE578.803v02-00 EN EEAS and the Member States;
Amendment 18
Proposal for a regulation Article 5 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. Those Member States whose borders constitute the external borders shall ensure the management of the external borders, in their interests and in the interest of all Member States, in full compliance with Union law and in line with the technical and operational strategy referred to in Article 3(2), and in close cooperation with the Agency.
Amendment 19
Proposal for a regulation Article 5 – paragraph 2
Text proposed by the Commission Amendment
2. The European Border and Coast 2. The European Border and Coast Guard Agency shall facilitate the Guard Agency shall facilitate the application of Union measures relating to application of Union measures relating to the management of external borders by the management of the external borders by reinforcing, assessing and coordinating the reinforcing, assessing and coordinating the actions of Member States in the actions of Member States in the implementation of those measures, and in implementation of those measures, and in return, Member States shall ensure the return, Member States shall ensure the management of their section of the external management of their section of the external borders, in their interests and in interest of borders, in their interests and in interest of all Member States which have abolished all Member States which have abolished internal border control, in full compliance internal border control, in full compliance with Union law and in accordance with the with Union law and in accordance with the technical and operational strategy referred technical and operational strategy referred to in Article 3(2), and in close cooperation to in Article 3(2), and in close cooperation with the Agency. with the Agency.
Amendment 20
Proposal for a regulation
PE578.803v02-00 142/193 RR\1097326EN.doc EN Article 5 – paragraph 3 a (new)
Text proposed by the Commission Amendment
3 a. Member States hold primary responsibility for the implementation of the relevant international, Union and national legislation and law enforcement actions undertaken in the context of joint operations coordinated by the European Border and Coast Guard and therefore also for the respect of fundamental rights during these activities. The European Border and Coast Guard is also responsible, as the coordinator, and remains fully accountable for all actions and decisions under its mandate. The Commission, in cooperation with the Agency, the Council and relevant stakeholders, shall further analyse provisions related to accountability and liability and redress any potential or actual gaps connected to activities of the Agency.
Amendment 21
Proposal for a regulation Article 6 – paragraph 1
Text proposed by the Commission Amendment
1. To ensure a coherent European 1. To ensure a coherent European integrated border management at all integrated border management at all external borders, the Agency shall facilitate external borders, the Agency shall facilitate and render more effective the application and render more effective the application of existing and future Union measures of existing and future Union measures relating to the management of external relating to the management of external borders, in particular the Schengen borders, including the Schengen Borders Borders Code established by Regulation Code established by Regulation (EU) No (EC) No 562/2006. 2016/399.
RR\1097326EN.doc 143/193 PE578.803v02-00 EN Amendment 22
Proposal for a regulation Article 7 – paragraph 1
Text proposed by the Commission Amendment
1. In view of contributing to an 1. In view of contributing to an efficient, high and uniform level of border efficient, high and uniform level of border control and return, the Agency shall control and uniform application of perform the following tasks: international standards for returns, the Agency shall perform the following tasks:
Amendment 23
Proposal for a regulation Article 7 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) establish a monitoring and risk (a) monitor migratory flows and carry analysis centre and analyse risks with the out risk analysis as regards all aspects of capacity to monitor migratory flows and to integrated border management by making carry out risk analysis as regards all aspects use of available resources such as the of integrated border management; Union satellite centre and situation centre;
Amendment 24
Proposal for a regulation Article 7 – paragraph 1 – point b
Text proposed by the Commission Amendment
(b) carry out a vulnerability assessment (b) carry out regular vulnerability including the assessment of the capacity of assessment including the assessment of the Member States to face threats and capacity of Member States to face threats pressures at the external borders; and pressures at their external borders;
PE578.803v02-00 144/193 RR\1097326EN.doc EN Amendment 25
Proposal for a regulation Article 7 – paragraph 1 – point c
Text proposed by the Commission Amendment
(c) assist to Member States in (c) provide support to Member States circumstances requiring increased technical in circumstances requiring increased and operational assistance at the external technical and operational assistance at the borders by coordinating and organising external borders by coordinating and joint operations, taking into account that organising joint operations, taking into some situations may involve humanitarian account that some situations may involve emergencies and rescue at sea; humanitarian emergencies and rescue at sea;
Amendment 26
Proposal for a regulation Article 7 – paragraph 1 – point f
Text proposed by the Commission Amendment
(f) set up a technical equipment pool to (f) set up a technical equipment pool to be deployed in joint operations, rapid be deployed in joint operations, rapid border interventions and in the framework border interventions, search and rescue of migration management support teams, operations, and in the framework of as well as in return operations and return migration management support teams, as interventions; well as in return operations and return interventions;
Amendment 27
Proposal for a regulation Article 7 – paragraph 1– point h
Text proposed by the Commission Amendment
(h) support the development of (h) support the development of technical standards for equipment, common technical standards for especially for tactical level command, equipment, especially for tactical level control and communication as well as command, control and communication as technical surveillance to ensure well as technical surveillance to ensure interoperability at Union and national interoperability at Union and national level; level;
RR\1097326EN.doc 145/193 PE578.803v02-00 EN Amendment 28
Proposal for a regulation Article 7 – paragraph 1 – point n
Text proposed by the Commission Amendment
(n) participate in the development and (n) monitor and participate in the management of research and innovation development and management of research activities relevant for the control and and innovation activities relevant for the surveillance of external borders, including control and surveillance of external the use of advanced surveillance borders, including the use of advanced technology such as remotely piloted surveillance technology such as remotely aircraft systems and develop pilot projects piloted aircraft systems and develop pilot regarding matters covered by this projects regarding matters covered by this Regulation; Regulation;
Amendment 29
Proposal for a regulation Article 7 – paragraph 1 – point q
Text proposed by the Commission Amendment
(q) cooperate with the European (q) cooperate with the European Fisheries Control Agency and the Fisheries Control Agency and the European Maritime Safety Agency to European Maritime Safety Agency to support the national authorities carrying support the national authorities carrying out coast guard functions by providing out coast guard functions by providing services, information, equipment and services, information and, where training, as well as by coordinating necessary, equipment and training, as well multipurpose operations; as by coordinating multipurpose operations;
Amendment 30
Proposal for a regulation Article 7 – paragraph 1 – point r
Text proposed by the Commission Amendment
(r) assist Member States and third (r) assist and provide support to countries in the context of operational Member States and third countries in their cooperation between them in the fields of cooperation in the fields of external border external border management and return. management and return.
PE578.803v02-00 146/193 RR\1097326EN.doc EN Amendment 31
Proposal for a regulation Article 7 – paragraph 1 – point r a (new)
Text proposed by the Commission Amendment
(r a) adopt and promote the highest standards for border management practices, allowing for transparency and public scrutiny and ensuring the respect and promotion of fundamental rights and rule of law.
Amendment 32
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1
Text proposed by the Commission Amendment
Member States may continue cooperation Member States may continue cooperation at an operational level with other Member at an operational level with other Member States and/or third countries at external States and/or third countries at external borders, including military operations on a borders, including military operations on a law enforcement mission and in the field of law enforcement mission and in the field of return, where such cooperation is return, where such cooperation does not compatible with the action of the Agency. contradict the action of the Agency and Member States shall refrain from any CSDP and NATO missions. Member activity which could jeopardise the States shall refrain from any activity which functioning of the Agency or the could jeopardise the functioning of the attainment of its objectives. Agency or the attainment of its objectives.
Amendment 33
Proposal for a regulation Article 10 – paragraph 1
Text proposed by the Commission Amendment
1. The Agency shall establish a 1. The Agency shall establish a monitoring and risk analysis centre with monitoring and risk analysis centre with the capacity to monitor migratory flows the capacity to monitor migratory flows. It towards and within the Union. For this shall ensure that all already available purpose, the Agency shall develop a Union resources (intelligence, risk common integrated risk analysis model, analyses, satellite, etc.) are fully and which shall be applied by the Agency and comprehensively utilised. For this purpose,
RR\1097326EN.doc 147/193 PE578.803v02-00 EN the Member States. the Agency shall, by a decision of the Management Board, develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States.
Amendment 34
Proposal for a regulation Article 10 – paragraph 3
Text proposed by the Commission Amendment
3. The risk analysis prepared by the 3. The risk analysis prepared by the Agency shall cover all aspects relevant to Agency shall cover all aspects relevant to the European integrated border the European integrated border management, in particular border control, management, in particular border control, return, irregular secondary movements of the protection of fundamental rights, third-country nationals within the Union, return, irregular secondary movements of the prevention of cross-border crime third-country nationals within the Union, including facilitation of irregular the prevention of cross-border crime, immigration, trafficking in human being trafficking in human being and terrorism, and terrorism, as well as the situation in as well as the situation in neighbouring neighbouring third countries with a view to third countries and countries of origin and developing a pre-warning mechanism transit for irregular migration with a view which analyses the migratory flows to developing a pre-warning mechanism towards the Union. which analyses the migratory flows towards the Union and the respect for fundamental rights in the countries they come from.
Amendment 35
Proposal for a regulation Article 10 – paragraph 3 a (new)
Text proposed by the Commission Amendment
3 a. The Agency shall make its methodology and criteria for the risk analysis public.
Amendment 36
Proposal for a regulation Article 11 – paragraph 3 – point e
PE578.803v02-00 148/193 RR\1097326EN.doc EN
Text proposed by the Commission Amendment
(e) report regularly to the Executive (e) report regularly to the Executive Director on the situation at the external Director and to the head of the relevant border and the capacity of the Member national authority on the situation at the State concerned to deal effectively with the external border and the capacity of the situation at the external borders; Member State concerned to deal effectively with the situation;
Amendment 37
Proposal for a regulation Article 11 – paragraph 4 – point a
Text proposed by the Commission Amendment
(a) have unlimited access to the (a) have access to the national national coordination centre and the coordination centre and the national national situational picture established in situational picture established in accordance with Regulation (EU) No accordance with Regulation (EU) No 1052/2013; 1052/2013
Amendment 38
Proposal for a regulation Article 12 – paragraph 4
Text proposed by the Commission Amendment
4. The results of the vulnerability 4. The results of the vulnerability assessment shall be submitted to the assessment shall be submitted to the Supervisory Board, which shall advise the Member States concerned. The Member Executive Director on the measures to be State concerned may comment on the taken by the Member States based on the assessment. The Executive Director shall results of the vulnerability assessment, and base the measures to be recommended to taking into account the Agency’s risk the the Member States concerned on the analysis and the results of the Schengen results of the vulnerability assessment, evaluation mechanism. taking into account the Agency’s risk analysis, the comments of the Member State concerned and the results of the Schengen evaluation mechanism.
Amendment 39
Proposal for a regulation
RR\1097326EN.doc 149/193 PE578.803v02-00 EN Article 13 – paragraph 2 – point a a (new)
Text proposed by the Commission Amendment
(a a) exchange information on migration flows with civil society organisations and initiatives conducting search and rescue operations;
Amendment 40
Proposal for a regulation Article 14 – title
Text proposed by the Commission Amendment
Initiating joint operations and rapid border Initiating joint operations and rapid border interventions at the external borders interventions at the external borders
Amendment 41
Proposal for a regulation Article 14 – paragraph 5
Text proposed by the Commission Amendment
5. The objectives of a joint operation 5. 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 which may involve the rescue of operation which may involve the rescue of persons in distress at sea or other coast persons in distress at sea or other coast guard functions, the fight against migrant guard functions , the fight against migrant smuggling or trafficking in human beings, smuggling or trafficking in human beings, drug trafficking control operations, and drug trafficking control operations, and migration management including migration management including identification, registration, debriefing and identification, registration, debriefing and return. return. Any operation involving coast guard functions shall be conducted in a way that, in all instances, ensures the safety of the persons intercepted or rescued, the safety of the participating units and that of third parties.
PE578.803v02-00 150/193 RR\1097326EN.doc EN Amendment 42
Proposal for a regulation Article 15 – paragraph 1
Text proposed by the Commission Amendment
1. In preparation of a joint operation 1. In preparation of a joint operation the Executive Director, in cooperation with the Executive Director, in cooperation with the host Member State, shall draw up a list the host Member State or third country, of technical equipment and staff needed shall draw up a list of technical equipment taking into account the host Member and staff needed taking into account the State’s available resources. On the basis of host Member State’s available resources. those elements, the Agency shall define a On the basis of those elements, the Agency package of operational and technical shall define a package of operational and reinforcement as well as capacity building technical reinforcement as well as capacity activities to be included in the operational building activities to be included in the plan. operational plan.
Amendment 43
Proposal for a regulation Article 15 – paragraph 3 – point f
Text proposed by the Commission Amendment
(f) command and control provisions, (f) command and control provisions, including the names and ranks of the including the names and ranks of the border guards of the host Member State border guards of the host Member State responsible for cooperating with the responsible for cooperating with the members of the teams and the Agency, in members of the teams and the Agency, in particular the names and ranks of those particular the names and ranks of those border guards who are in command during border and coast guards who are in the period of deployment, and the place of command during the period of deployment, the members of the teams in the chain of and the place of the members of the teams command; in the chain of command;
Amendment 44
Proposal for a regulation Article 15 – paragraph 3 – point j
Text proposed by the Commission Amendment
(j) regarding sea operations, specific (j) regarding sea operations, specific information on the application of the information on the application of the relevant jurisdiction and legislation in the relevant jurisdiction and legislation in the
RR\1097326EN.doc 151/193 PE578.803v02-00 EN geographical area where the joint operation geographical area where the joint operation takes place, including references to takes place, including references to international and Union law regarding international and Union law regarding interception, rescue at sea and interception, search, rescue at sea and disembarkation. In that regard the disembarkation. In that regard the operational plan shall be established in operational plan defining the role of the accordance with Regulation (EU) No Agency in search and rescue activities 656/2014 of the European Parliament and shall be established in accordance with of the Council;42 international law and Regulation (EU) No 656/2014 of the European Parliament and of the Council;42 ______42 Regulation (EU) No 656/2014 of the 42 Regulation (EU) No 656/2014 of the European Parliament and of the Council of European Parliament and of the Council of 15 May 2014 establishing rules for the 15 May 2014 establishing rules for the surveillance of the external sea borders in surveillance of the external sea borders in the context of operational cooperation the context of operational cooperation coordinated by the European Agency for coordinated by the European Agency for the Management of Operational the Management of Operational Cooperation at the External Borders of the Cooperation at the External Borders of the Members States of the European Union Members States of the European Union (OJ L 189, 27.6.2014, p. 93). (OJ L 189, 27.6.2014, p. 93).
Amendment 45
Proposal for a regulation Article 15 – paragraph 3 – point k
Text proposed by the Commission Amendment
(k) modalities of cooperation with third (k) modalities of cooperation with third countries, other Union agencies, bodies and countries, other Union agencies, bodies and offices or international organisations; offices or international organisations in close synergy with the Commission and EEAS. The European Parliament shall be regularly informed about this cooperation;
Amendment 46
Proposal for a regulation Article 17 – paragraph 3 – point c
Text proposed by the Commission Amendment
(c) technical and operational assistance (c) technical and operational assistance
PE578.803v02-00 152/193 RR\1097326EN.doc EN in the field of return, including the in the field of return, including the preparation and organisation of return preparation and organisation of return operations. operations in full respect of fundamental rights, due process and the principle of non-refoulement.
Amendment 47
Proposal for a regulation Article 17 – paragraph 3 a (new)
Text proposed by the Commission Amendment
3a. The Agency in cooperation with the European Asylum Support Office, the Fundamental Rights Agency and other relevant Union Agencies and under the coordination of the Commission shall ensure the compliance of these activities with the Common European Asylum System and fundamental rights. This includes the provision of shelter, hygienic conditions and facilities respecting gender based and children's needs in the hotspot areas.
Amendment 48
Proposal for a regulation Article 19 – paragraph 5
Text proposed by the Commission Amendment
5. The rapid reserve pool shall be a 5. The rapid reserve pool shall be a standing corps placed at the immediate standing corps placed at the immediate disposal of the Agency and which can be disposal of the Agency and which can be deployed from each Member State within deployed from each Member State within three working days from when the three working days from when the operational plan is agreed upon by the operational plan is agreed upon by the Executive Director and the host Member Executive Director and the host Member State. For that purpose, each Member State State. For that purpose, each Member State shall, on a yearly basis, make available to shall, on a yearly basis, make available to the Agency a number of border guards the Agency a number of border guards commensurate to at least 3% of the staff of commensurate to at least 3% of the staff of Member States without land or sea external Member States without land or sea external borders and 2% of the staff of Member borders and 2% of the staff of Member States with land or sea external borders, States with land or sea external borders,
RR\1097326EN.doc 153/193 PE578.803v02-00 EN and which shall amount to a minimum of and which shall amount to a minimum of 1 500 border guards, corresponding to the 1 500 border guards, corresponding to the profiles identified by the decision of the profiles identified by the decision of the Management Board. Management Board. The Agency shall draw on Union expertise developed through common security and defence policy missions and headline goals.
Amendment 49
Proposal for a regulation Article 19 – paragraph 8 – subparagraph 1
Text proposed by the Commission Amendment
The Agency shall contribute to the The Agency shall contribute to the European Border and Coast Guard Teams European Border and Coast Guard Teams with competent border guards seconded by with competent border guards seconded by the Member States as national experts to the Member States as national experts to the Agency. The contribution by Member the Agency. The contribution by Member States as regards the secondment of their States as regards the secondment of their border guards to the Agency for the border guards to the Agency for the following year shall be planned on the following year shall be planned on the basis of annual bilateral negotiations and basis of annual bilateral negotiations and agreements between the Agency and agreements between the Agency and Member States. In accordance with those Member States. In accordance with those agreements, Member States shall make the agreements, Member States shall make the border guards available for secondment, border guards available for secondment, unless that would seriously affect the unless that would seriously affect the discharge of national tasks. In such discharge of national tasks. In such situations Member States may recall their situations Member States may recall their seconded border guards. seconded border guards. In order to respond to eventual shortages, the Agency may employ staff on a temporary basis in order to perform border control function in line with its mandate.
Amendment 50
Proposal for a regulation Article 19 – paragraph 8 – subparagraph 2
Text proposed by the Commission Amendment
Such secondments may be for 12 months The secondments may be for 12 months or or more but in any case it shall not be less more but in any case it shall not be less than three months. The seconded border than three months. The seconded border
PE578.803v02-00 154/193 RR\1097326EN.doc EN guards shall be considered as members of guards shall be considered as members of the teams and they shall have the tasks and the teams and they shall have the tasks and powers of the members of the teams. The powers of the members of the teams. The Member State having seconded the border Member State having seconded the border guards shall be considered as the home guards shall be considered as the home Member State. Member State.
Amendment 51
Proposal for a regulation Article 26 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) coordinate at technical and (a) coordinate at technical and operational level the return activities of the operational level the return activities of the Member States, to achieve an integrated Member States, including voluntary system of return management among returns, to achieve an integrated system of competent authorities of the Member return management among competent States, with the participation of relevant authorities of the Member States, with the authorities of third countries and other participation of relevant authorities of third relevant stakeholders; countries and other relevant stakeholders;
Amendment 52
Proposal for a regulation Article 26 – paragraph 1 – point a a (new)
Text proposed by the Commission Amendment
(a a) cooperate with third countries in order to facilitate the return activities of the Member States;
Amendment 53
Proposal for a regulation Article 26 – paragraph 2 – point d
Text proposed by the Commission Amendment
(d) assistance on measures necessary to (d) assistance on measures that are ensure the availability of returnees for legitimate, proportionate and necessary to return purposes and avoid that returnees ensure the availability of returnees for abscond. return purposes and avoid that returnees abscond and advice on alternatives to
RR\1097326EN.doc 155/193 PE578.803v02-00 EN immigration detention in line with Directive 2008/115/EC and international law.
Amendment 54
Proposal for a regulation Article 26 – paragraph 3
Text proposed by the Commission Amendment
3. The Return Office shall aim at 3. The Return Office shall aim at building synergies and connecting Union- building synergies and connecting Union- funded networks and programmes in the funded networks and programmes in close field of return in close cooperation with cooperation with the European the European Commission and the Commission and the European Migration European Migration Network.43 Network,43 as well as with other organisations and the Member States concerned. ______43 OJ L 131, 21.5.2008, p. 7. 43 OJ L 131, 21.5.2008, p. 7.
Amendment 55
Proposal for a regulation Article 27 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. The Agency shall not coordinate, organise or propose return operations to any third country where risks of fundamental rights violations or serious deficiencies in relevant civil and criminal laws and procedures have been identified through its risk analyses, or established in reports from the Fundamental Rights Officer, Union agencies, human rights bodies, intergovernmental and non- governmental organisations.
PE578.803v02-00 156/193 RR\1097326EN.doc EN Amendment 56
Proposal for a regulation Article 33 – paragraph 1
Text proposed by the Commission Amendment
1. The European Border and Coast 1. The European Border and Coast Guard shall guarantee the protection of Guard shall respect and guarantee the fundamental rights in the performance of protection of fundamental rights in the its tasks under this Regulation in performance of its tasks under this accordance with relevant Union law, in Regulation in accordance with relevant particular the Charter of Fundamental Union law, in particular the Charter of Rights of the European Union, relevant Fundamental Rights of the European Union international law, including the Convention and relevant international law, including Relating to the Status of Refugees and the European Convention on Human obligations related to access to Rights, the Convention Relating to the international protection, in particular the Status of Refugees and the Convention on principle of non-refoulement. For that the Rights of the Child and obligations purpose, the Agency shall draw up and related to access to international protection, further develop and implement a in particular with regards to the principle Fundamental Rights Strategy. of non-refoulement. For that purpose, the Agency in cooperation with European Union Agency for Fundamental Rights shall draw up and further develop and implement a Fundamental Rights Strategy, including effective mechanisms to ensure the respect for fundamental rights and rule of law in all the activities of the Agency. The European Parliament shall be duly informed of this Fundamental Rights Strategy;
Amendment 57
Proposal for a regulation Article 33 – paragraph 2
Text proposed by the Commission Amendment
2. In the performance of its tasks the 2. In the performance of its tasks the European Border and Coast Guard shall European Border and Coast Guard Agency ensure that no person is disembarked in, shall ensure that no person is disembarked forced to enter, conducted to or otherwise in, forced to enter, conducted to or handed over or returned to the authorities otherwise handed over or returned to the of a country in contravention of the authorities of a country in contravention of principle of non-refoulement, or from the principle of non-refoulement, or from which there is a risk of expulsion or return which there is a risk of expulsion or return
RR\1097326EN.doc 157/193 PE578.803v02-00 EN to another country in contravention of that to another country in contravention of that principle. principle.
Amendment 58
Proposal for a regulation Article 33 – paragraph 3
Text proposed by the Commission Amendment
3. The European Border and Coast 3. The European Border and Coast Guard shall, in the performance of its tasks, Guard Agency shall, in the performance of take into account the special needs of its tasks, take into account the special children, victims of trafficking in human needs of minors, especially if beings, persons in need of medical unaccompanied, victims of trafficking in assistance, persons in need of international human beings, persons in need of medical protection, persons in distress at sea and assistance, persons in need of international other persons in a particularly vulnerable protection, persons in distress at sea and situation. other persons in a particularly vulnerable situation.
Amendment 59
Proposal for a regulation Article 33 – paragraph 4
Text proposed by the Commission Amendment
4. In the performance of its tasks, in 4. In the performance of all its tasks, its 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 and the fundamental rights, in its relations with Fundamental Rights Officer. Member States and in its cooperation with third countries, the Agency shall ensure appropriate follow-up to the reports of the Consultative Forum and the Fundamental Rights Officer. The Agency shall inform the Consultative Forum and Fundamental Rights Officer whether and how it has altered its approach as a response to the reports and recommendations of these bodies and include details in its annual report.
PE578.803v02-00 158/193 RR\1097326EN.doc EN Amendment 60
Proposal for a regulation Article 35 – paragraph 3
Text proposed by the Commission Amendment
3. The Agency shall take the 3. The Agency shall take the necessary initiatives to ensure training for necessary initiatives to ensure training for staff involved in return-related tasks to be staff involved in return-related tasks to be part of the pools referred to in Articles 28, part of the pools referred to in Articles 28, 29 and 30. The Agency shall ensure that all 29 and 30. The Agency shall ensure that all staff who participate in return operations staff who participate in return operations and in return interventions, as well as the and in return interventions, as well as the staff of the Agency, have received, prior to staff of the Agency, have received, prior to their participation in operational activities their participation in operational activities organised by the Agency, training in organised by the Agency, training in relevant Union and international law, relevant Union and international law, including fundamental rights and access to including fundamental rights, access to international protection. international protection, that will also enable them identify possible human rights violations and process them accordingly.
Amendment 61
Proposal for a regulation Article 41 – paragraph 2
Text proposed by the Commission Amendment
2. Where such damage is caused by 2. Where such damage is caused by gross negligence or willful misconduct, the gross negligence or willful misconduct, the host Member State may approach the Agency shall make good any damage home Member State in order to have any caused in accordance with the general sums it has paid to the victims or persons principles common to the laws of the entitled on their behalf reimbursed by the Member States. home Member State.
Amendment 62
Proposal for a regulation Article 41 – paragraph 4 a (new)
Text proposed by the Commission Amendment
4 a. The Court of Justice of the
RR\1097326EN.doc 159/193 PE578.803v02-00 EN European Union shall have jurisdiction in disputes relating to compensation for the damage referred to in paragraph 1 and 2.
Amendment 63
Proposal for a regulation Article 44 – paragraph 4
Text proposed by the Commission Amendment
4. Without prejudice to Article 47, the 4. Without prejudice to Article 47, the transfer of personal data processed by the transfer of personal data processed by the Agency and the onward transfer by Agency and the onward transfer by Member States to authorities of third Member States to authorities of third countries or third parties of personal data countries or international organisations or processed in the framework of this third parties of personal data processed in Regulation shall be prohibited. the framework of this Regulation shall be prohibited.
Amendment 64
Proposal for a regulation Article 51 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment
The Agency shall cooperate with the The Agency shall cooperate with the Commission, other Union institutions, the European Parliament, the Commission European External Action Service, and other Union institutions, the European Europol, the European Asylum Support External Action Service, Europol, the Office, the European Union Agency for European Asylum Support Office, the Fundamental Rights, Eurojust, the European Union Agency for Fundamental European Union Satellite Centre, the Rights, Eurojust, the European Union European Maritime Safety Agency and the Satellite Centre, the European Maritime European Fisheries Control Agency as well Safety Agency and the European Fisheries as other Union, agencies, bodies, offices in Control Agency as well as other Union, matters covered by this Regulation, and in agencies, bodies, offices in matters covered particular with the objectives of preventing by this Regulation, and in particular with and combating irregular immigration and the objectives of preventing and combating cross-border crime including the irregular immigration and cross-border facilitation of irregular immigration, crime including the facilitation of irregular trafficking in human being and terrorism. immigration, trafficking in human being and terrorism.
PE578.803v02-00 160/193 RR\1097326EN.doc EN Amendment 65
Proposal for a regulation Article 52 – paragraph 1 – point c
Text proposed by the Commission Amendment
(c) capacity building by elaborating (c) capacity building by elaborating guidelines, recommendations and best guidelines, recommendations and best practices as well as by supporting the practices as well as by supporting the training and exchange of staff, with a view training and exchange of staff, with a view to enhancing the exchange of information to enhancing the exchange of information and cooperation on coast guard functions; and cooperation on coast guard functions, the search and rescue operational capability and the compliance with human rights, migration and asylum obligations and commitments.
Amendment 66
Proposal for a regulation Article 53 – title
Text proposed by the Commission Amendment
Cooperation with third countries Cooperation with third countries and non - governmental organisations
Amendment 67
Proposal for a regulation Article 53 – paragraph 1
Text proposed by the Commission Amendment
1. In matters covered by its activities 1. In matters covered by its activities and to the extent required for the fulfilment and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and of its tasks, the Agency shall facilitate and encourage operational cooperation between encourage operational cooperation between Member States and third countries, within Member States and third countries, within the framework of the external relations the framework of the external relations policy of the Union, including with regard policy of the Union and especially of the to the protection of fundamental rights. The European neighbourhood policy and Agency and the Member States shall development policy, including with regard comply with norms and standards at least to the protection of fundamental rights. The equivalent to those set by Union legislation Agency and the Member States shall also when cooperation with third countries comply with norms and standards at least
RR\1097326EN.doc 161/193 PE578.803v02-00 EN takes place on the territory of those equivalent to those set by Union legislation countries. The establishment of also when cooperation with third countries cooperation with third countries shall serve takes place on the territory of those to promote European border management countries. The establishment of and return standards. cooperation with third countries shall serve to promote European border management and return standards.
Amendment 68
Proposal for a regulation Article 53 – paragraph 3
Text proposed by the Commission Amendment
3. In circumstances requiring 3. In circumstances requiring increased technical and operational increased technical and operational assistance, the Agency may coordinate assistance, the Agency may coordinate operational cooperation between Member operational cooperation between Member States and third countries in the field of States and third countries in the field of management of external borders, and it management of external borders, and it shall have the possibility of carrying out shall have the possibility of carrying out joint operations at the external borders joint operations at the external borders involving one or more Member States and involving one or more Member States and a third country neighbouring at least one of a third country neighbouring at least one of those Member States, subject to the those Member States in full respect with agreement of that neighbouring third international human rights law, subject to country, including on the territory of that the agreement of that neighbouring third third country. The Commission shall be country, including on the territory of that informed of such activities. third country. The participation of Member States in joint operations on the territory of third countries shall be on voluntary basis. The European Parliament, the Commission, the EEAS, , Eurojust and Europol shall be informed of such activities.
Amendment 69
Proposal for a regulation Article 53 – paragraph 3 a (new)
Text proposed by the Commission Amendment
3 a. A status agreement shall be concluded by the EU with the third country for the deployment of the
PE578.803v02-00 162/193 RR\1097326EN.doc EN members of the teams in joint operations where members of the team will have executive powers, or in other actions when necessary. This agreement shall cover all aspects that are necessary for carrying out the actions, in particular the description of the scope of the operation, civil and criminal liability, tasks and powers of the members of the teams. The agreement shall ensure the full respect of fundamental rights during the operations.
Amendment 70
Proposal for a regulation Article 53 – paragraph 3 b (new)
Text proposed by the Commission Amendment
3 b. The Commission shall draw up a model status agreement for actions on the territory of third countries.
Amendment 71
Proposal for a regulation Article 53 – paragraph 5
Text proposed by the Commission Amendment
5. The Agency may also, with the 5. The Agency may also, with the agreement of the Member States concerned agreement of the Member States concerned invite observers from third countries to invite observers from third countries to participate in its activities at the external participate in its activities at the external borders referred to in Article 13, return borders referred to in Article 13, return operations referred to in Article 27, return operations referred to in Article 27, return interventions referred to in Article 32 and interventions referred to in Article 32 and training referred to in Article 35, to the training referred to in Article 35, to the extent that their presence is in accordance extent that their presence is in accordance with the objectives of those activities, may with the objectives of those activities, may contribute to improving cooperation and contribute to improving cooperation and the exchange of best practices, and does the exchange of best practices, and does not affect the overall safety of those not affect the overall safety of those activities. The participation of those activities or the security of the persons to observers may take place only with the be returned. The participation of those agreement of the Member States concerned observers may take place only with the regarding the activities referred to in agreement of the Member States concerned
RR\1097326EN.doc 163/193 PE578.803v02-00 EN Articles 13, 27 and 35 and only with the regarding the activities referred to in agreement of the host Member State Articles 13, 27 and 35 and only with the regarding those referred to in Article 13 agreement of the host Member State and 32. Detailed rules on the participation regarding those referred to in Article 13 of observers shall be included in the and 32. Detailed rules on the participation operational plan. Those observers shall of observers shall be included in the receive the appropriate training from the operational plan. Those observers shall Agency prior to their participation. receive the appropriate training from the Agency prior to their participation.
Amendment 72
Proposal for a regulation Article 53 – paragraph 8 a (new)
Text proposed by the Commission Amendment
8 a. Before any agreement referred to in this article is concluded, the Commission shall verify that its provisions comply with this Regulation as well as with the relevant Union and international law on fundamental rights and on international protection, including the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights, the Convention Relating to the Status of Refugees and the Convention on the Rights of the Child, in particular the principle of non-refoulement and the right to an effective remedy, and with the provisions on information exchange and data protection in this regulation. The assessment shall be based on information derived from a broad range of sources, which include Member States, Union bodies, offices and agencies, relevant international organisations and NGOs. The Commission shall forward its assessment to the European Parliament and the Council.
Amendment 73
Proposal for a regulation Article 53 – paragraph 9
PE578.803v02-00 164/193 RR\1097326EN.doc EN
Text proposed by the Commission Amendment
9. The Agency shall inform the 9. The Agency shall publish its European Parliament of the activities agreements and working arrangements referred to in paragraphs 2 and 3. with third countries on its website. The Agency shall report to the European Parliament at least every three months on its cooperation with third countries. A detailed assessment of the cooperation with third countries, including detailed information on compliance with fundamental rights and international protection, shall be included into the annual report of the Agency.
Amendment 74
Proposal for a regulation Article 54 – paragraph 1
Text proposed by the Commission Amendment
1. The Agency may deploy experts of 1. The Agency may deploy experts of its own staff as liaison officers, who should its own staff as liaison officers, who should enjoy the highest possible protection to enjoy the highest possible protection to carry out their duties, in third countries. carry out their duties, in third countries. They shall form part of the local or They shall form part of the local or regional cooperation networks of 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. The Agency shall coordinate and pursuant to Council Regulation (EC) No ensure the proper functioning of the 377/2004.49 network set up pursuant to Council Regulation (EC) No 377/2004.49 ______49 Council Regulation (EC) No 377/2004 49 Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an of 19 February 2004 on the creation of an immigration liaison officers network (OJ L immigration liaison officers network (OJ L 64, 2.3.2004, p. 1). 64, 2.3.2004, p. 1).
Amendment 75
Proposal for a regulation Article 61 – paragraph 6
RR\1097326EN.doc 165/193 PE578.803v02-00 EN
Text proposed by the Commission Amendment
6. The Management Board may 6. The Management Board may establish a small-sized Executive Board establish a small-sized Executive Board composed of the Chairperson of the composed of the Chairperson of the Management Board, one representative of Management Board, one representative of the Commission and three members of the the Commission and three members of the Management Board, to assist it and the Management Board as well as a Executive Director with regard to the representative of the Member State preparation of the decisions, programmes requiring assistance, to assist it and the and activities to be adopted by the Executive Director with regard to the Management Board and when necessary, preparation of the decisions, programmes because of urgency, to take certain and activities to be adopted by the provisional decisions on behalf of the Management Board and when necessary, Management Board. because of urgency, to take certain provisional decisions on behalf of the Management Board.
Amendment 76
Proposal for a regulation Article 62 – 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 voting rights. To this Commission and two of the European effect, each Member State shall appoint a Parliament, all with voting rights. To this member of the Management Board as well effect, each Member State shall appoint a as an alternate who will represent the member of the Management Board as well member in his or her absence. The as an alternate who will represent the Commission shall appoint two members member in his or her absence. The and their alternates. The duration of the Commission shall appoint two members terms of office shall be four years. The and their alternates. The European terms of office shall be extendable. Parliament shall elect two of its Members, at least one being a Member of its Civil Liberties, Justice and Home Affairs Committee. The duration of the terms of office shall be four years. The terms of office shall be extendable.
PE578.803v02-00 166/193 RR\1097326EN.doc EN Amendment 77
Proposal for a regulation Article 68 – paragraph 1
Text proposed by the Commission Amendment
1. The Commission shall propose 1. The Commission, after consulting candidates for the post of the Executive the European Parliament, shall propose Director and the Deputy Executive candidates for the post of the Executive Director based on a list following Director and the Deputy Executive publication of the post in the Official Director based on a list following Journal of the European Union and other publication of the post in the Official press or internet sites as appropriate. Journal of the European Union and other press or internet sites as appropriate.
Amendment 78
Proposal for a regulation Article 68 – paragraph 2
Text proposed by the Commission Amendment
2. The, Executive Director shall be 2. Prior to his/her appointment by the appointed by the Management Board on Management Board on the grounds of the grounds of merit and documented high- merit and documented high-level level administrative and management administrative and management skills, as skills, as well as senior professional well as senior professional experience in experience in the field of management of the field of management of the external the external borders and return. The borders and return, the Executive Director Management Board shall take its decision shall be heard by the appropriate bodies by a two-thirds majority of all members of the European Parliament. The with a right to vote. Management Board shall take its decision by a two-thirds majority of all members with a right to vote.
Amendment 79
Proposal for a regulation Article 71 – paragraph 2
Text proposed by the Commission Amendment
2. The Fundamental Rights Officer 2. The Fundamental Rights Officer shall be independent in the performance of shall be fully independent in the his or her duties as a Fundamental Rights performance of his or her duties as a Officer, he or she shall report directly to Fundamental Rights Officer, he or she shall
RR\1097326EN.doc 167/193 PE578.803v02-00 EN the Management Board and cooperate with report directly to the Management Board the Consultative Forum. The Fundamental and the European Parliament and Rights Officer shall report on a regular cooperate with the Consultative Forum. basis and as such contribute to the The Fundamental Rights Officer shall mechanism for monitoring fundamental report on a regular basis and as such rights. contribute to the mechanism for monitoring fundamental rights.
Amendment 80
Proposal for a regulation Article 71 – paragraph 2 – point a new
Text proposed by the Commission Amendment
2a. The Fundamental Rights Officer shall hold regular exchange of views with the competent bodies of the European Parliament and report on complaints and their follow-up.
Amendment 81
Proposal for a regulation Article 72 – paragraph 5 – point a new
Text proposed by the Commission Amendment
5a. The Executive Director shall report back to the Fundamental Rights Officer as to the findings and follow-up given by the Agency to a complaint.
Amendment 82
Proposal for a regulation Article 72 – paragraph 7
Text proposed by the Commission Amendment
7. The Fundamental Rights Officer 7. The Fundamental Rights Officer shall report to the Executive Director and shall inform the Executive Director and the to the Management Board as to the Management Board of the findings findings and follow-up given to regarding the complaints deemed eligible. complaints by the Agency and the The Executive Director and the Management Board shall then report on
PE578.803v02-00 168/193 RR\1097326EN.doc EN Member States. the follow-up to complaints by the Agency and the Member States.
Amendment 83
Proposal for a regulation Article 72 – paragraph 7 a (new)
Text proposed by the Commission Amendment
7 a. A report on received complaints, the types of fundamental rights violations, the activities of the Agency concerned, the Member State or third country concerned and the follow-up shall be included into the annual activity report of the Agency.
Amendment 84
Proposal for a regulation Article 72 – paragraph 9 – subparagrap 2
Text proposed by the Commission Amendment
The Agency shall ensure that the The Agency shall ensure that the standardized complaint form is available in standardized complaint form and most common languages and that it shall information sheet are available in most be made available on the Agency’s website common languages and those that asylum and in hardcopy during all activities of the seekers and migrants understand or may Agency. Complaints shall be considered by be reasonably supposed to understand and the Fundamental Rights Officer even when that it shall be made available on the they are not submitted in the standardized Agency’s website and in hardcopy during complaint form. all activities of the Agency. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form. Further guidance and assistance on the complaints procedure shall be provided to alleged victims upon request. Information tailored to children shall be provided to facilitate their access to the complaints mechanism.
Amendment 85
Proposal for a regulation
RR\1097326EN.doc 169/193 PE578.803v02-00 EN Article 74 a (new)
Text proposed by the Commission Amendment
Article 74 a Reports and information to the European Parliament 1. The European Parliament or the Council may invite the Executive Director to report on the carrying out of his or her tasks, including on the implementation and monitoring of the Fundamental Rights Strategy, the consolidated annual activity report of the Agency for the previous year, the work programme for the following year and the Agency's multiannual programming. The Executive Director shall report to the European Parliament and answer any questions put by its members, whenever so requested. 2. In addition to information referred to in paragraph 1 the report shall also include any relevant information requested by the European Parliament on an ad-hoc basis.
Amendment 86
Proposal for a regulation Article 80 – paragraph 1
Text proposed by the Commission Amendment
1. By three years from the date of 1. By one year from the date of entry entry into force of this Regulation, and into force of this Regulation, and every two every three years thereafter, the years thereafter, the Commission shall Commission shall carry out an evaluation carry out an evaluation to assess to assess particularly the impact, particularly the impact, effectiveness and effectiveness and efficiency of the efficiency of the Agency’s performance Agency’s performance and its working and its working practices in relation to its practices in relation to its objectives, objectives, mandate and tasks. The mandate and tasks. The evaluation shall, in evaluation shall, in particular, address the particular, address the possible need to possible need to modify the regulation, the modify the mandate of the Agency, and the mandate of the Agency, and the financial financial implications of any such implications of any such modification. modification.
PE578.803v02-00 170/193 RR\1097326EN.doc EN The evaluation shall include a specific The evaluation shall include a specific analysis on the way the Charter of analysis of the way the Charter of Fundamental Rights was complied with in Fundamental Rights was complied with in the application of this Regulation. the application of this Regulation as well as of cases of complaints and their handling.
Amendment 87
Proposal for a regulation Article 80 – paragraph 1 – subparagraph 1 a (new)
Text proposed by the Commission Amendment
The first evaluation following the entry into force of this Regulation shall analyse the need for giving the Agency access to the relevant European databases.
Amendment 88
Proposal for a regulation Article 80 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2a. The Executive Director shall hold regular exchanges of views with the appropriate bodies of the European Parliament, notably regarding specific cooperation with third countries, and shall present the annual report of the Agency.
Amendment 89
Proposal for a regulation Article 80 – paragraph 3
Text proposed by the Commission Amendment
3. On the occasion of every second 3. On the occasion of every evaluation, the Commission shall assess evaluation, the Commission shall assess the results achieved by the Agency having the results achieved by the Agency having regard to its objectives, mandate and tasks. regard to its objectives, mandate and tasks.
RR\1097326EN.doc 171/193 PE578.803v02-00 EN
PE578.803v02-00 172/193 RR\1097326EN.doc EN PROCEDURE – COMMITTEE ASKED FOR OPINION
Title European Border and Coast Guard References COM(2015)0671 – C8-0408/2015 – 2015/0310(COD) Committee responsible LIBE Date announced in plenary 21.1.2016
Opinion by AFET Date announced in plenary 21.1.2016
Rapporteur Javier Nart Date appointed 16.2.2016 Date adopted 12.5.2016
Result of final vote +: 42 –: 8 0: 9
Members present for the final vote Lars Adaktusson, Michèle Alliot-Marie, Francisco Assis, Petras Auštrevičius, Amjad Bashir, Bas Belder, Goffredo Maria Bettini, Mario Borghezio, Elmar Brok, Klaus Buchner, Fabio Massimo Castaldo, Aymeric Chauprade, Javier Couso Permuy, Andi Cristea, Georgios Epitideios, Anna Elżbieta Fotyga, Eugen Freund, Michael Gahler, Iveta Grigule, Richard Howitt, Sandra Kalniete, Tunne Kelam, Afzal Khan, Janusz Korwin-Mikke, Andrey Kovatchev, Eduard Kukan, Ilhan Kyuchyuk, Ryszard Antoni Legutko, Arne Lietz, Barbara Lochbihler, Andrejs Mamikins, David McAllister, Francisco José Millán Mon, Javier Nart, Pier Antonio Panzeri, Demetris Papadakis, Vincent Peillon, Alojz Peterle, Tonino Picula, Kati Piri, Andrej Plenković, Cristian Dan Preda, Jozo Radoš, Sofia Sakorafa, Jaromír Štětina, Charles Tannock, László Tőkés, Miguel Urbán Crespo, Ivo Vajgl, Elena Valenciano, Geoffrey Van Orden, Hilde Vautmans, Boris Zala Substitutes present for the final vote Ryszard Czarnecki, Mariya Gabriel, Andrzej Grzyb, András Gyürk, Soraya Post, Jean-Luc Schaffhauser, Dubravka Šuica, Bodil Valero Substitutes under Rule 200(2) present Michel Dantin, Raymond Finch, Heidi Hautala, Julie Ward, Bogdan for the final vote Brunon Wenta
RR\1097326EN.doc 173/193 PE578.803v02-00 EN
26.4.2016
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 Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC (COM(2015)0671 – C8-0408/2015 – 2015/0310(COD))
Rapporteur: Eider Gardiazabal Rubial
SHORT JUSTIFICATION
The Commission proposed the present Regulation within a larger Border and Coast Guard package also comprising proposals to amend the founding regulations of the European Maritime Safety Agency (EMSA) and the European Fisheries Control Agency (EFCA). For these two agencies the Commission proposes to enlarge their functions through an additional article on European cooperation on coastguard functions whereas the European Border and Coast Guard Agency shall be built from the existing Frontex.
From a budgetary perspective this attempt to create synergies between agencies working in related areas should be supported, also given the limited financial resources available in heading 3.
In its legislative financial statement the Commission is proposing an overall budget for the European Border and Coast Guard Agency of EUR 1.212 million for the remainder of this multiannual financial framework (MFF), concretely EUR 281 million in 2017, EUR 298 million in 2018, EUR 310 million in 2019 and EUR 322 million in 2020.
Given the limited resources available in heading 3 in the current MFF the Rapporteur has serious doubts that the envisaged increases can be financed within the ceiling. The Rapporteur is of the opinion that the Commission needs to present a proposal for an upward revision of the ceiling for heading 3 as soon as possible in order to be able to finance the additional needs linked to the current migration crisis which is unlikely to diminish by 2020.
The coastguard function will furthermore be reinforced by additional EUR 87,2 million for EMSA and EUR 30,1 million for EFCA for the years 2017-2020 to finance the new functions of these two agencies. The coastguard function will thus also be partially financed from headings 1a and 2.
PE578.803v02-00 174/193 RR\1097326EN.doc EN In line with the additional appropriations, also the number of staff for the European Border and Coast Guard Agency shall be increased significantly. Under the 2016 budget 225 establishment plan posts were authorised for Frontex. This number shall grow by 2020 to 550 establishment plan posts. In addition also the number of external personnel like contract agents and seconded national experts shall increase with the aim of reaching an overall staff number of 1000 by 2020.
It should be noted however that the Commission in its legislative financial statement still applies as a baseline its programming as set out in the communication COM (2013)519, thus gradually reducing the "old Frontex" posts (excluding the additional ones granted through Amending budgets 5/2015 and 7/2015 and budget 2016) from 149 in 2016 to 145 in 2020. The Rapporteur considers this approach outdated given the policy developments over the past 2 years and calls on the Commission to exempt all posts of all agencies dealing with the migration crisis from the 5% staff reduction target.
While not questioning the need for the considerable increases in appropriations and staff proposed by the Commission, the Rapporteur would like to underline that it should be avoided to create a super-agency with the potential of dominating all other home affairs agencies. The Rapporteur therefore expects from the Commission a similarly ambitious proposal for the further development of the European Asylum Support Office in the near future.
Given the considerable increase of the budget of Frontex over the past years and foreseen until 2020, the Rapporteur considers that it would be appropriate to change the budgetary nomenclature for the agency with regard to its operational expenditure. It should be ensured that the budgetary authority can exercise an influence on the operational priorities of the agency. The Rapporteur invites the Commission to already implement these changes to the nomenclature when presenting the Draft Budget for the financial year 2017.
The Rapporteur furthermore considers that the European Parliament deserves to play a stronger role in the appointment process of the Executive Director and introduced amendments in this respect, drawing on the example of the European Union Agency for Fundamental Rights.
The Rapporteur is also concerned that after more than 10 years there is still no Headquarters Agreement between Frontex and the Republic of Poland and calls on the competent authorities to finalise such agreement as soon as possible.
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:
RR\1097326EN.doc 175/193 PE578.803v02-00 EN Amendment 1
Proposal for a regulation Recital 33
Text proposed by the Commission Amendment
(33) The Commission and the Member (33) The Commission and the Member States should be represented within a States should be represented within a Management Board to exercise policy and Management Board to exercise policy and political oversight over the European political oversight over the European Border and Coast Guard Agency. The Border and Coast Guard Agency. The Board should, where possible, consist of Board should, where possible, consist of the operational heads of the national the operational heads of the national services responsible for border guard services responsible for border guard management or their representatives. This management or their representatives. This Board should be entrusted with the Board should be entrusted with the necessary powers to establish the budget, necessary powers to establish the budget, verify its execution, adopt the appropriate verify its execution, adopt the appropriate financial rules, establish transparent financial rules, establish transparent working procedures for decision making by working procedures for decision making by the European Border and Coast Guard the European Border and Coast Guard Agency and appoint the Executive Director Agency and appoint the Executive Director and the Deputy Executive Director. The and the Deputy Executive Director. The Agency should be governed and operated Agency should be governed and operated in line with the principles of the common in line with the principles of the common approach on Union decentralised agencies approach on Union decentralised agencies adopted on 19 July 2012 by the European adopted on 19 July 2012 by the European Parliament, the Council and the European Parliament, the Council and the European Commission. Commission. This includes the conclusion of a headquarters agreement between the Agency and the host country.
Justification
There is still no headquarter agreement between Frontex and the Republic of Poland, even though Frontex exists for more than 10 years. Such an agreement needs to be concluded as soon as possible, and at the very latest three months after the entry into force of this regulation.
Amendment 2 Proposal for a regulation Recital 34
Text proposed by the Commission Amendment
(34) In order to guarantee the autonomy of (34) In order to guarantee the autonomy of the European Border and Coast Guard the European Border and Coast Guard
PE578.803v02-00 176/193 RR\1097326EN.doc EN Agency, it should be granted an Agency, it should be granted an autonomous budget whose revenue comes autonomous budget whose revenue comes essentially from a contribution from the essentially from a contribution from the Union. The Union budgetary procedure Union. The Union budgetary procedure should be applicable as far as the Union should be applicable as far as the Union contribution and any other subsidies contribution and any other subsidies chargeable to the general budget of the chargeable to the general budget of the European Union are concerned. The European Union are concerned. The auditing of accounts should be undertaken auditing of accounts should be undertaken by the Court of Auditors. by the Court of Auditors. The budget adopted by the Management Board should be balanced in terms of addressing different aspects of the Agency's activities, including ensuring fundamental rights.
Amendment 3 Proposal for a regulation Article 7 – paragraph 1 – point m a (new)
Text proposed by the Commission Amendment
(ma) assist with the setting up of gender- and age-based facilities for migrants, taking account in particular of the specific situation of women and of unaccompanied minors;
Amendment 4 Proposal for a regulation Article 23 – paragraph 2
Text proposed by the Commission Amendment
2. Detailed rules concerning the payment 2. Detailed rules concerning the payment of the daily subsistence allowance of of the daily subsistence allowance of members of the European Border and members of the European Border and Coast Guard Teams shall be established Coast Guard Teams shall be established and updated as necessary by the and updated as necessary by the Management Board. Management Board on proposal from the Commission.
Amendment 5 Proposal for a regulation Article 23 – paragraph 2 a (new)
RR\1097326EN.doc 177/193 PE578.803v02-00 EN
Text proposed by the Commission Amendment
2a. Concerning the above-mentioned costs incurred, VAT shall be eligible if not deductible.
Amendment 6 Proposal for a regulation Article 33 – paragraph 3
Text proposed by the Commission Amendment
3. The European Border and Coast Guard 3. The European Border and Coast Guard shall, in the performance of its tasks, take shall, in the performance of its tasks, take into account the special needs of children, into account the special needs of children, victims of trafficking in human beings, women, victims of trafficking in human persons in need of medical assistance, beings, persons in need of medical persons in need of international protection, assistance, persons in need of international persons in distress at sea and other persons protection, persons in distress at sea and in a particularly vulnerable situation. other persons in a particularly vulnerable situation.
Amendment 7
Proposal for a regulation Article 54 – 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 in accordance with Union law and in accordance with fundamental rights, establishing and fundamental rights, establishing and maintaining contacts with the competent maintaining contacts with the competent authorities of the third country to which authorities of the third country to which they are assigned with a view to they are assigned with a view to contributing to the prevention of and fight contributing to the prevention of and fight against irregular immigration and the against irregular immigration and the return of illegally staying third-country return of illegally staying third-country nationals. Those liaison officers shall nationals. Those liaison officers shall coordinate closely with Union delegations. coordinate closely with Union delegations and shall, wherever possible, have their offices in the same building.
PE578.803v02-00 178/193 RR\1097326EN.doc EN Amendment 8
Proposal for a regulation Article 54 – paragraph 4
Text proposed by the Commission Amendment
4. The decision to deploy liaison officers to 4. The decision to deploy liaison officers to third countries shall be subject to receiving third countries shall be subject to receiving a prior opinion of the Commission, and the a prior opinion of the Commission, and the European Parliament shall be fully European Parliament shall be fully informed of those activities as soon as informed of those activities and their possible. financial consequences as soon as possible.
Amendment 9
Proposal for a regulation Article 56 – paragraph 3
Text proposed by the Commission Amendment
3. The Member State in which the Agency 3. The Member State in which the Agency has its seat shall provide the best possible has its seat shall provide the best possible conditions to ensure proper functioning of conditions to ensure proper functioning of the Agency, including multilingual, the Agency, including multilingual, European-oriented schooling and European-oriented schooling and appropriate transport connections. appropriate transport connections and shall ensure appropriate security measures for the Agency's staff and buildings.
Amendment 10
Proposal for a regulation Article 68 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1a. The candidates proposed by the Commission shall then address the Council and the competent committee of the European Parliament and reply to questions, following which the European Parliament and the Council shall give their opinions and state their orders of preference which they transmit to the Management Board.
RR\1097326EN.doc 179/193 PE578.803v02-00 EN Justification
The selection process should involve a hearing before the competent bodies in Parliament and Council.
Amendment 11
Proposal for a regulation Article 68 – paragraph 2 – subparagraph 1
Text proposed by the Commission Amendment
2. The Executive Director shall be 2. Taking into account these opinions, the appointed by the Management Board on Executive Director shall be appointed by the grounds of merit and documented high- the Management Board on the grounds of level administrative and management merit and documented high-level skills, as well as senior professional administrative and management skills, as experience in the field of management of well as senior professional experience in the external borders and return. The the field of management of the external Management Board shall take its decision borders and return. The Management by a two-thirds majority of all members Board shall take its decision by a two- with a right to vote. thirds majority of all members with a right to vote.
Justification
The above-mentioned hearings need to be considered by the Management Board in its appointment decision.
Amendment 12
Proposal for a regulation Article 75 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
1. The revenue of the Agency shall consist, 1. The revenue of the Agency shall consist without prejudice to other types of of: income, of:
Amendment 13
Proposal for a regulation Article 75 – paragraph 2 a (new)
PE578.803v02-00 180/193 RR\1097326EN.doc EN
Text proposed by the Commission Amendment
2a. In order to increase budgetary transparency the operational expenditure shall be presented in the Union budget through separate budget items per activity area.
Justification
This is needed due to the increased budget available for the new Agency and its enhanced operational role.
Amendment 14
Proposal for a regulation Article 75 – paragraph 7
Text proposed by the Commission Amendment
7. The estimate shall be forwarded by the 7. Upon receipt, the estimate shall be Commission to the European Parliament forwarded by the Commission to the and the Council (hereinafter referred to as European Parliament and the Council the budgetary authority) together with the (hereinafter referred to as the budgetary preliminary draft budget of the European authority). Union.
Justification a. The forwarding of the estimate should happen immediately. b. There is no preliminary draft budget of the European Union.
Amendment 15
Proposal for a regulation Article 75 – paragraph 13
Text proposed by the Commission Amendment
13. In the view of financing the 13. In the view of financing the deployment of rapid border interventions deployment of rapid border interventions and return interventions, the budget of the and return interventions, the budget of the Agency adopted by the Management Board Agency adopted by the Management Board shall include a financial operational reserve shall include a financial operational reserve amounting at least to 4% of the allocation amounting at least to 4% of the allocation foreseen for the operational activities. The foreseen for the operational activities. On 1
RR\1097326EN.doc 181/193 PE578.803v02-00 EN reserve should be maintained throughout October each year, at least one-quarter of the year. the reserve should remain available in order to cover needs arising until the end of the year.
Justification
It does not make sense to maintain a reserve throughout the year as the idea of a reserve is that it can be used. However, in order to make sure that there is still some reserve available later in a financial year, it is suggested to define a minimum percentage that still needs to be available on1 October, in analogy to the provisions on the EU Solidarity Fund.
Amendment 16
Proposal for a regulation Article 80 – paragraph 3
Text proposed by the Commission Amendment
3. On the occasion of every second deleted evaluation, the Commission shall assess the results achieved by the Agency having regard to its objectives, mandate and tasks.
Justification
The content of this paragraph is covered largely by paragraph1. Furthermore, the full evaluation and assessment needs to be done every 3 years, given the volatile environment in this policy area.
PE578.803v02-00 182/193 RR\1097326EN.doc EN PROCEDURE – COMMITTEE ASKED FOR OPINION
Title European Border and Coast Guard References COM(2015)0671 – C8-0408/2015 – 2015/0310(COD) Committee responsible LIBE Date announced in plenary 21.1.2016
Opinion by BUDG Date announced in plenary 21.1.2016
Rapporteur Eider Gardiazabal Rubial Date appointed 3.2.2016 Date adopted 26.4.2016
Result of final vote +: 25 –: 2 0: 2
Members present for the final vote Nedzhmi Ali, Jean Arthuis, Jean-Paul Denanot, Gérard Deprez, José Manuel Fernandes, Eider Gardiazabal Rubial, Bernd Kölmel, Zbigniew Kuźmiuk, Vladimír Maňka, Ernest Maragall, Sophie Montel, Clare Moody, Siegfried Mureşan, Liadh Ní Riada, Jan Olbrycht, Younous Omarjee, Paul Rübig, Petri Sarvamaa, Patricija Šulin, Indrek Tarand, Inese Vaidere, Monika Vana, Daniele Viotti Substitutes present for the final vote Andrey Novakov, Derek Vaughan, Anders Primdahl Vistisen, Tomáš Zdechovský Substitutes under Rule 200(2) present Isabella Adinolfi, Anders Primdahl Vistisen for the final vote
RR\1097326EN.doc 183/193 PE578.803v02-00 EN
20.4.2016
OPINION OF THE COMMITTEE ON FISHERIES
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 Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC (COM(2015)0671 – C8-0408/2015 – 2015/0310(COD))
Rapporteur: Alain Cadec
SHORT JUSTIFICATION
As part of setting up the European Border and Coast Guard Agency, the Commission is proposing cooperation on coast guard functions (Article 52). An identical article has been incorporated into the mandates of the European Maritime Safety Agency (EMSA) and the European Fisheries Control Agency (EFCA). This amendment to the mandates of the three agencies provides the legal instrument required to strengthen cooperation between them and with national coast guard authorities.
The Committee on Fisheries wishes to reinforce the Commission proposal concerning only cooperation on 'coast guard functions' involving the EFCA. A definition of coast guard functions is in order to avoid confusion with the other missions of the three agencies and to clarify the scope of cooperation. The current system for cooperation on coast guard functions is beset by delays and drawbacks, such as the lack of information on the skills, capabilities and powers of other authorities, the limited number of operating assets, the lack of interoperability of systems and assets and deficiencies in planning and joint operations.
This proposal will coordinate marine monitoring, prevention and control operations at European level with a view to improving knowledge of the maritime situation and supporting coherent and cost-effective action. This cooperation will strengthen the EU's capacity to respond to maritime threats and risks, including by improving cooperation between both EU agencies and all other relevant stakeholders. It will also prevent duplications of effort by ensuring that stakeholders, particularly EU agencies, act in a consistent and effective manner with a view to developing synergies.
The proposal will enable the three agencies to support national authorities and to act jointly and effectively to help national authorities to carry out monitoring, security and surveillance operations by supplying equipment and training, exchanging of information and providing the necessary coordination of multidimensional operations. This cooperation is essential in the
PE578.803v02-00 184/193 RR\1097326EN.doc EN current context of major cross-border migration flows, which call for increased material and human solidarity on the part of the EU
The rapporteur strongly welcomes the proposal, which will bring the EFCA's powers into line with those of EMSA and the European Border and Coast Guard Agency in respect of cooperation on coast guard functions only. If the capacities are national then they must necessarily be coordinated at European level.
AMENDMENTS
The Committee on Fisheries 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 18
Text proposed by the Commission Amendment
(18) The European Border and Coast (18) The European Border and Coast Guard Agency should have the necessary Guard Agency should have the necessary equipment and staff at its disposal to be equipment and staff at its disposal to be deployed in joint operations or rapid border deployed in joint operations or rapid border interventions. To this end, when launching interventions. To this end, when launching rapid border interventions at the request of rapid border interventions at the request of a Member State or in the context of a a Member State or in the context of a situation requiring urgent action, the situation requiring urgent action, the European Border and Coast Guard Agency European Border and Coast Guard Agency should be able to deploy European Border should be able to deploy European Border and Coast Guard Teams from a rapid and Coast Guard Teams from a rapid reserve pool which should be a standing reserve pool which should be a standing corps composed of a small percentage of corps composed of a small percentage of the total number of border guards in the the total number of border guards in the Member States, which should amount to a Member States, which should amount to a minimum of 1 500. The deployment of the minimum of 1 500. Those teams should European Border and Coast Guard Teams also include in their staff interpreters or from the rapid reserve pool should be fluent speakers of both the host Member immediately complemented by additional State's language and the language mostly European Border and Coast Guard Teams spoken by those they need to address. The as appropriate. deployment of the European Border and Coast Guard Teams from the rapid reserve pool should be immediately complemented by additional European Border and Coast Guard Teams as appropriate.
RR\1097326EN.doc 185/193 PE578.803v02-00 EN
Amendment 2
Proposal for a regulation Recital 19 a (new)
Text proposed by the Commission Amendment
(19a) Transport in small unseaworthy boats has led to a considerable increase in deaths of migrants at the external maritime borders of the Union. Cooperation between Union agencies on coast guard functions should strengthen the operational and technical capacity of the European Border and Coast Guard Agency and of the Member States to detect these small vessels and the Union's response capacity.
Justification
The influx of migrants has led to an increasing number of deaths at sea connected with travel in unseaworthy vessels. One of the many objectives of European cooperation on coast guard functions is to strengthen sea disaster prevention and rapid response capacities.
Amendment 3
Proposal for a regulation Recital 24
Text proposed by the Commission Amendment
(24) The European Border and Coast (24) The European Border and Coast Guard Agency should monitor and Guard Agency should monitor and contribute to the developments in research contribute to the developments in research relevant for the control of the external relevant for the control of the external borders, including the use of advanced borders, including the use of advanced surveillance technology, and it should surveillance technology, and it should disseminate this information to the disseminate this information to the Member States and to the Commission. Member States, the Commission and all other agencies involved, including the European Fisheries Control Agency.
PE578.803v02-00 186/193 RR\1097326EN.doc EN Amendment 4
Proposal for a regulation Recital 27 a (new)
Text proposed by the Commission Amendment
(27a) With a view to strengthening European cooperation on coast guard functions and making best use of the information, capacities and systems already available at Union level, the European Border and Coast Guard Agency should foster the exchange of information with the European Fisheries Control Agency, the European Maritime Safety Agency and other Union bodies and agencies such as the European Union Satellite Centre.
Justification
European cooperation on coast guard functions must be underpinned by, in particular, information systems and capabilities already available at EU level by building greater synergies between capacities.
Amendment 5
Proposal for a regulation Recital 27 b (new)
Text proposed by the Commission Amendment
(27b) Cooperation on coast guard functions, notably by means of enhanced collaboration between national authorities and the three Union agencies (the European Border and Coast Guard Agency, the European Fisheries Control Agency and the European Maritime Safety Agency), should in no way affect the division of powers between these agencies in setting out their missions, nor impinge on their autonomy and independence in respect of their initial assignments. Such cooperation should
RR\1097326EN.doc 187/193 PE578.803v02-00 EN enable the creation of synergies between them without changing their mission statements.
Justification
European cooperation on coast guard functions does not aim to reduce the powers of the EFCA. Its mission is still to organise the operational coordination of the fisheries control and inspection activities of Member States in accordance with the rules of the Common Fisheries Policy (CFP), so as to ensure the effective and uniform application of CFP rules. The aim of cooperation is to strengthen this first mission while establishing synergies to improve knowledge of the maritime situation and the EU's offshore response capability.
Amendment 6
Proposal for a regulation Article 2 – point 14 a (new)
Text proposed by the Commission Amendment
(14a) 'Coast guard functions': all fact- finding, monitoring, planning and organisation missions and operations entrusted to a local, regional, national or European authority with the necessary powers to perform maritime surveillance; these missions entail, in particular, safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection.
Justification
Coast guard functions are not limited to monitoring the EU's borders in respect of migration; they can also entail supporting national authorities by providing services, information, equipment and training and by coordinating operations in various fields such as fisheries control and preventing marine pollution, piracy and trafficking of all kinds. This definition serves to clarify the scope of cooperation between coast guard functions referred to in Article 52.
Amendment 7
Proposal for a regulation Article 7 – paragraph 1 – point r a (new)
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Text proposed by the Commission Amendment
(ra) assist in sharing the information, equipment and all other capabilities of the European Fisheries Control Agency and of the European Maritime Safety Agency, if their support is needed in order to perform specific tasks like, but not limited to, search and rescue.
Amendment 8
Proposal for a regulation Article 36 – paragraph 1
Text proposed by the Commission Amendment
1. The Agency shall proactively monitor 1. The Agency shall proactively monitor and contribute to research and innovation and contribute to research and innovation activities relevant for the control of the activities relevant for the control of the external borders, including the use of external borders, including the use of advanced surveillance technology such as advanced surveillance technology such as remotely piloted aircraft systems, and for remotely piloted aircraft systems, and for return. The Agency shall disseminate the return. The Agency shall disseminate the results of that research to the Commission results of that research to the Commission and the Member States. It may use those and the Member States and to all other results as appropriate in joint operations, agencies involved, including the rapid border interventions, return European Fisheries Control Agency. It operations and return interventions. may use those results as appropriate in joint operations, rapid border interventions, return operations and return interventions.
Amendment 9
Proposal for a regulation Article 52 a (new)
Text proposed by the Commission Amendment
Article 52a Assessment of European cooperation on coast guard functions 1. The Commission shall submit a report evaluating the implementation of
RR\1097326EN.doc 189/193 PE578.803v02-00 EN European cooperation on coast guard functions to the European Parliament and the Council by 31 December 2021 at the latest. The report shall analyse and set out, in particular: (a) the arrangements for cooperation between the European Border and Coast Guard Agency, the European Fisheries Control Agency and the European Maritime Safety Agency, and for cooperation with Member States; (b) the missions performed under this cooperation and their quantified results, particularly as regards fisheries control; (c) the benefits of this cooperation in terms of improved understanding of the maritime situation as well as operational activities and rapid response to crises at sea; (d) the financial resources used in the context of this cooperation. 2. The European Border and Coast Guard Agency, the European Fisheries Control Agency, the European Maritime Safety Agency and the Member States shall provide the Commission with the information necessary to carry out the assessment referred to in paragraph 1.
Justification
European cooperation on coast guard functions began as a result of the European Parliament pilot project for 2016. Parliament wishes to be informed of the results and synergies achieved through this project.
PE578.803v02-00 190/193 RR\1097326EN.doc EN PROCEDURE – COMMITTEE ASKED FOR OPINION
Title European Border and Coast Guard References COM(2015)0671 – C8-0408/2015 – 2015/0310(COD) Committee responsible LIBE Date announced in plenary 21.1.2016
Opinion by PECH Date announced in plenary 21.1.2016
Rapporteur Alain Cadec Date appointed 17.2.2016 Discussed in committee 22.3.2016 Date adopted 19.4.2016
Result of final vote +: 15 –: 6 0: 2
Members present for the final vote Marco Affronte, Clara Eugenia Aguilera García, Renata Briano, Alain Cadec, Richard Corbett, Diane Dodds, Linnéa Engström, Ian Hudghton, Carlos Iturgaiz, Werner Kuhn, Gabriel Mato, Norica Nicolai, Ulrike Rodust, Remo Sernagiotto, Ricardo Serrão Santos, Isabelle Thomas, Ruža Tomašić, Peter van Dalen, Jarosław Wałęsa Substitutes present for the final vote Izaskun Bilbao Barandica, Anja Hazekamp, Lidia Senra Rodríguez Substitutes under Rule 200(2) present Laura Ferrara for the final vote
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Title European Border and Coast Guard References COM(2015)0671 – C8-0408/2015 – 2015/0310(COD) Date submitted to Parliament 15.12.2015 Committee responsible LIBE Date announced in plenary 21.1.2016
Committees asked for opinions AFET BUDG TRAN PECH Date announced in plenary 21.1.2016 21.1.2016 21.1.2016 21.1.2016 Not delivering opinions TRAN Date of decision 12.5.2016 Rapporteurs Artis Pabriks Date appointed 29.2.2016 Discussed in committee 29.2.2016 11.4.2016 Date adopted 30.5.2016
Result of final vote +: 40 –: 10 0: 5
Members present for the final vote Jan Philipp Albrecht, Martina Anderson, Malin Björk, Michał Boni, Caterina Chinnici, Rachida Dati, Agustín Díaz de Mera García Consuegra, Frank Engel, Tanja Fajon, Laura Ferrara, Monika Flašíková Beňová, Ana Gomes, Nathalie Griesbeck, Jussi Halla-aho, Monika Hohlmeier, Sophia in ‘t Veld, Sylvia-Yvonne Kaufmann, Timothy Kirkhope, Barbara Kudrycka, Cécile Kashetu Kyenge, Marju Lauristin, Juan Fernando López Aguilar, Claude Moraes, Péter Niedermüller, Soraya Post, Birgit Sippel, Branislav Škripek, Csaba Sógor, Helga Stevens, Bodil Valero, Marie-Christine Vergiat, Beatrix von Storch, Josef Weidenholzer, Kristina Winberg Substitutes present for the final vote Laura Agea, Marina Albiol Guzmán, Hugues Bayet, Carlos Coelho, Pál Csáky, Daniel Dalton, Ska Keller, Miltiadis Kyrkos, Artis Pabriks, Maite Pagazaurtundúa Ruiz, Salvatore Domenico Pogliese, Jaromír Štětina, Axel Voss Substitutes under Rule 200(2) present Edouard Ferrand, Sylvie Goddyn, Peter Jahr, Othmar Karas, Ilhan for the final vote Kyuchyuk, Ádám Kósa, Keith Taylor, Lieve Wierinck Date tabled 6.6.2016
PE578.803v02-00 192/193 RR\1097326EN.doc EN FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
40 +
ALDE Nathalie Griesbeck, Sophia in 't Veld, Ilhan Kyuchyuk, Maite Pagazaurtundúa Ruiz, Lieve Wierinck
ECR Daniel Dalton, Jussi Halla-aho, Timothy Kirkhope, Branislav Škripek, Helga Stevens
PPE Michał Boni, Carlos Coelho, Pál Csáky, Rachida Dati, Agustín Díaz de Mera García Consuegra, Frank Engel, Monika Hohlmeier, Peter Jahr, Othmar Karas, Barbara Kudrycka, Ádám Kósa, Artis Pabriks, Salvatore Domenico Pogliese, Jaromír Štětina, Csaba Sógor, Axel Voss
S&D Hugues Bayet, Caterina Chinnici, Tanja Fajon, Monika Flašíková Beňová, Ana Gomes, Sylvia-Yvonne Kaufmann, Cécile Kashetu Kyenge, Miltiadis Kyrkos, Marju Lauristin, Juan Fernando López Aguilar, Claude Moraes, Péter Niedermüller, Birgit Sippel, Josef Weidenholzer
10 -
EFDD Laura Agea, Laura Ferrara, Beatrix von Storch, Kristina Winberg
ENF Edouard Ferrand, Sylvie Goddyn
GUE/NGL Marina Albiol Guzmán, Martina Anderson, Malin Björk, Marie-Christine Vergiat
5 0
S&D Soraya Post
Verts/ALE Jan Philipp Albrecht, Jan Keller, Keith Taylor, Bodil Valero
Key to symbols: + : in favour - : against 0 : abstention
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