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Procedure : 2018/0249(COD)
Document stages in plenary
Document selected : A8-0089/2019

Texts tabled :

A8-0089/2019

Debates :

PV 12/03/2019 - 27
CRE 12/03/2019 - 27

Votes :

PV 13/03/2019 - 11.12

Texts adopted :

P8_TA(2019)0176

Texts adopted
PDF 322kWORD 94k
Wednesday, 13 March 2019 - Strasbourg Provisional edition
Establishing, as part of the Integrated Border Management Fund, the instrument for financial support for border management and visa ***I
P8_TA-PROV(2019)0176A8-0089/2019

European Parliament legislative resolution of 13 March 2019 on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the instrument for financial support for border management and visa (COM(2018)0473 – C8-0272/2018 – 2018/0249(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0473),

–  having regard to Article 294(2) and Articles 77(2) and 79(2)(d) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0272/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 19 October 2018(1),

–  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 and the Committee on Budgets (A8-0089/2019),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Recital 1
(1)  In the context of evolving migratory challenges in the European Union, as well as security concerns, preserving the careful balance between free movement of persons on the one hand, and security on the other is of utmost importance. The Union’s objective of ensuring a high level of security within an area of freedom, security and justice pursuant to Article 67(3) of the Treaty on the Functioning of the Union (TFEU) should be achieved, among others, through common measures on the crossing of internal borders by persons and on border controls at external borders and the common visa policy.
(1)  The Union’s objective of ensuring a high level of security within an area of freedom, security and justice pursuant to Article 67(3) of the Treaty on the Functioning of the European Union (TFEU) should be achieved, among others, through common measures on the crossing of internal borders by persons and on border controls at external borders and the common visa policy, while preserving the careful balance between free movement of persons on the one hand and security on the other.
Amendment 2
Proposal for a regulation
Recital 3
(3)  In the Rome Declaration signed on 25 September 2017, leaders of 27 Member States affirmed their determination to a safe and secure Europe and to build a Union where all citizens feel safe and can move freely, where the external borders are secured, with an efficient, responsible and sustainable migration policy, respecting international norms, as well as a Europe determined to fight terrorism and organised crime.
(3)  In the Rome Declaration signed on 25 September 2017, leaders of 27 Member States affirmed their determination to ensure a safe and secure Europe and to build a Union where all citizens feel safe and can move freely, where the external borders are secured, with an efficient, responsible and sustainable migration policy, respecting international norms, as well as a Europe determined to fight terrorism and organised crime.
Amendment 3
Proposal for a regulation
Recital 3 a (new)
(3a)   Actions funded under this Instrument should be implemented in full compliance with the provisions of the Charter of Fundamental Rights of the European Union, Union data protection law, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the principle of fair treatment of third-country nationals, the right to asylum and international protection, the principle of non-refoulement and the international obligations of the Union and Member States arising from international instruments to which they are signatory such as the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967. Special attention should also be given to the identification, immediate assistance and referral to protection services of vulnerable persons, in particular children and unaccompanied minors.
Amendment 4
Proposal for a regulation
Recital 4
(4)  The objective of the Union’s policy in the field of external border management is to develop and implement European integrated border management at national and Union level, which is a precondition for the free movement of persons within the Union and is a fundamental component of an area of freedom, security and justice.
(4)  The objective of the Union’s policy in the field of external border management is to develop and implement the concept of European integrated border management at national and Union level, in order to facilitate legitimate border crossings, to prevent and detect irregular immigration and cross-border crime and to support the common visa policy, which should reinforce the free movement of persons within the Union and is a fundamental component of an area of freedom, security and justice.
Amendment 5
Proposal for a regulation
Recital 5
(5)  European integrated border management, as implemented by the European Border and Coast Guard, established by Regulation (EU) 2016/1624 of the European Parliament and of the Council13 , composed of the European Border and Coast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks, is necessary for improving migration management and security.
(5)  European integrated border management, as implemented by the European Border and Coast Guard, established by Regulation (EU) 2016/1624 of the European Parliament and of the Council13, composed of the European Border and Coast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks, should help to harmonise border control, thus improving migration management - including facilitating access to international protection for those in need of it - and providing increased security by contributing to combatting cross-border crime and terrorism.
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13 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
13 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
Amendment 6
Proposal for a regulation
Recital 6
(6)  Facilitating legitimate travel, while preventing irregular migration and security risks, was identified as one the main objectives of the Union’s response to the challenges in these areas in the Commission’s Communication on A European Agenda on Migration14 .
(6)  Facilitating legitimate travel was identified as one the main objectives of the Union’s response to the challenges in these areas in the Commission’s Communication on A European Agenda on Migration14.
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14 COM(2015)0240 of 13 May 2015.
14 COM(2015)0240 of 13 May 2015.
Amendment 7
Proposal for a regulation
Recital 7
(7)  The European Council of 15 December 201615 called for continued delivery on the interoperability of EU information systems and databases. The European Council of 23 June 201716 underlined the need to improve interoperability between databases and on 12 December 2017 the Commission adopted a proposal for a Regulation on establishing a framework for interoperability between EU information systems17 .
deleted
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15 http://www.consilium.europa.eu/en/press/press-releases/2016/12/15/euco-conclusions-final/
16 European Council conclusions, 22-23 June 2017.
17 COM(2017)0794.
Amendment 8
Proposal for a regulation
Recital 8
(8)  To preserve the integrity of the Schengen area and to strengthen its functioning, Member States have, since 6 April 2017, been obliged to carry out systematic checks against relevant databases on EU citizens who are crossing the EU’s external borders. Furthermore, the Commission issued a Recommendation to Member States to make better use of police checks and cross-border cooperation.
(8)  In an attempt to preserve the integrity of the Schengen area and to reinforce the security of Union’s external borders, Member States have, since 6 April 2017, been obliged to carry out systematic checks against relevant databases on EU citizens who are crossing the EU’s external borders, in addition to the systematic checks already being carried out on all third-country nationals entering the Schengen area. However, it has proven necessary to use targeted checks in place of systematic checks at a number of external border crossing points, on account of the disproportionate impact of systematic checks on the flow of cross-border traffic1a.
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1a Commission statement on the management of flows of persons at the borders between Slovenia and Croatia of 29 April 2017.
Amendment 9
Proposal for a regulation
Recital 8 a (new)
(8a)  The Commission has also issued Recommendation (EU) 2017/18041a to Member States to make better use of police checks and cross-border cooperation in order to limit the impact on free movement and to remedy the threat to public policy or internal security. Despite different measures put in place, a number of Member States continue to maintain unlawful internal border control, undermining the basic principle of the Schengen Area.
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1a Commission Recommendation (EU) 2017/1804 of 3 October 2017 on the implementation of the provisions of the Schengen Borders Code on temporary reintroduction of border control at internal borders in the Schengen area (OJ L 259, 7.10.2017, p. 25).
Amendment 10
Proposal for a regulation
Recital 9
(9)  Financial support from the Union budget is indispensable to the implementation of European integrated border management to support Member States in managing the crossing of the external borders efficiently and in addressing migratory challenges and potential future threats at those borders, thereby contributing to addressing serious crime with a cross-border dimension while acting in full respect of fundamental rights.
(9)  Financial support from the Union budget is indispensable for the implementation of European integrated border management to support Member States in managing the crossing of the external borders efficiently and in addressing future challenges at those borders, thereby contributing to addressing serious crime with a cross-border dimension while acting in full respect of fundamental rights.
Amendment 11
Proposal for a regulation
Recital 10
(10)  To promote the implementation of the European integrated border management defined by its components in accordance with Article 4 of Regulation (EU) 2016/1624: border control, search and rescue during border surveillance, risk analysis, cooperation between Member States (supported and coordinated by the European Border and Coast Guard Agency), inter-agency cooperation (including the regular exchange of information), cooperation with third countries, technical and operational measures within the Schengen area related to border control and designed to address illegal immigration and to counter cross-border crime better, use of state-of-the-art technology, quality control and solidarity mechanisms, and to ensure that it becomes an operational reality, Member States should be provided with adequate Union financial support.
(10)  To promote the implementation of the European integrated border management defined by its components in accordance with Article 4 of Regulation (EU) 2016/1624: border control, search and rescue during border surveillance, risk analysis, cooperation between Member States (supported and coordinated by the European Border and Coast Guard Agency), inter agency cooperation (including the regular exchange of information), cooperation with third countries, technical and operational measures within the Schengen area related to border control and designed to address irregular immigration and to counter cross-border crime better, use of state-of-the-art technology, quality control and solidarity mechanisms, and to ensure that it becomes an operational reality, Member States should be provided with adequate Union financial support.
Amendment 12
Proposal for a regulation
Recital 11
(11)  As customs authorities of the Member States have been taking up an increasing number of responsibilities which often extend to the field of security and take place at the external border, ensuring uniformity in carrying out border control and customs control at the external borders needs to be addressed by providing adequate Union financial support to the Member States. This will not only strengthen customs controls but also facilitate legitimate trade, contributing to a secure and efficient customs union.
(11)  As customs authorities of the Member States have been taking up an increasing number of responsibilities which often extend to the field of security and take place at the external border, it is important to foster inter-agency cooperation, including information sharing through existing information exchange tools, as a component of the European integrated border management approach, as referred to in Article 4(e) of Regulation (EU) 2016/1624. Complementarity in carrying out border control and customs control at the external borders needs to be ensured by providing adequate Union financial support to the Member States. This will not only strengthen customs controls in order both to combat all forms of trafficking, not least goods trafficking at borders, and terrorism, but will also facilitate legitimate trade and travel, and contribute to a secure and efficient customs union.
Amendment 13
Proposal for a regulation
Recital 12
(12)  It is therefore necessary to establish the successor fund of the 2014-2020 Internal Security Fund established by Regulation (EU) No 515/2014 of the European Parliament and of the Council18 by setting up an Integrated Border Management Fund (‘the Fund’).
(12)  It is therefore necessary to establish the successor fund of the 2014-2020 Internal Security Fund established by Regulation (EU) No 515/2014 of the European Parliament and of the Council18, in part, by setting up an Integrated Border Management Fund (‘the Fund’).
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18 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
18 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
Amendment 14
Proposal for a regulation
Recital 14
(14)  The Fund should therefore be established as a comprehensive framework for Union financial support in the field of border management and visa comprising the instrument for financial support for border management and visa (‘the instrument’) established by this Regulation as well as the instrument for financial support for customs control equipment established by Regulation (EU) No …/…19 of the European Parliament and of the Council. The framework should be complemented by Regulation (EU) No …/… [Common Provisions Regulation] of the European Parliament and of the Council20 , to which this Regulation should refer as regards rules on shared management.
(14)  The Fund should therefore be established as a comprehensive framework for Union financial support in the field of border management and visa comprising the instrument for financial support for border management and visa (‘the instrument’) established by this Regulation as well as an instrument for financial support for customs control equipment. The framework should be complemented by an instrument laying down rules on shared management.
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19 OJ L […], […], p.
20 OJ L […], […], p.
Amendment 15
Proposal for a regulation
Recital 15
(15)  The instrument should be implemented in full compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and with the Union’s international obligations as regards fundamental rights.
(15)  The instrument should be implemented in full compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and with the Union’s international obligations as regards fundamental rights, including as regards the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and in particular by ensuring compliance with the principle of non-refoulement, the principle of transparency, the principle of non-discrimination and the right to seek international protection. Special attention should also be given to the identification, immediate assistance and referral to protection services of vulnerable persons, in particular children and unaccompanied minors.
Amendment 16
Proposal for a regulation
Recital 15 a (new)
(15a)  Those obligations apply equally to third countries with which the Member States and the Union work under this instrument.
Amendment 17
Proposal for a regulation
Recital 16
(16)  The instrument should build on the results and investments achieved with the support of its predecessors: the External Borders Fund for the period 2007-2013 established by Decision No 574/2007/EC of the European Parliament and of the Council21 and the instrument for external borders and visa as part of the Internal Security Fund for the period 2014-2020 established by Regulation (EU) No 515/201422, and should extend it to take into account new developments.
(16)  The instrument should build on the results and investments of its predecessors: the External Borders Fund for the period 2007-2013 established by Decision No 574/2007/EC of the European Parliament and of the Council21 and the instrument for external borders and visa as part of the Internal Security Fund for the period 2014-2020 established by Regulation (EU) No 515/201422, and should extend it to take into account new developments.
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21 OJ L 144, 6.6.2007, p. 22.
21 OJ L 144, 6.6.2007, p. 22.
22 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
22 Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).
Amendment 18
Proposal for a regulation
Recital 17
(17)  To ensure a uniform and high-quality external border control and to facilitate legitimate travel across the external borders, the instrument should contribute to the development of European integrated border management that includes all the measures involving policy, law, systematic cooperation, burden-sharing, assessment of the situation and changing circumstances regarding crossing points for irregular migrants, personnel, equipment and technology taken at different levels by the competent authorities of the Member States and by the European Border and Coast Guard Agency, acting in cooperation with other actors such as third countries and other EU bodies, in particular the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA), Europol and international organisations.
(17)  To ensure a uniform and high-quality external border control and to facilitate legitimate travel across the external borders, the instrument should contribute to the development of European integrated border management that includes all the measures involving policy, law, systematic cooperation, burden sharing, assessment of the situation and changing circumstances regarding crossing points for irregular migrants, personnel, equipment and technology taken at different levels by the competent authorities of the Member States and by the European Border and Coast Guard Agency, acting in cooperation with other actors such as other EU bodies, in particular the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA), Europol and, where appropriate, third countries and international organisations.
Amendment 19
Proposal for a regulation
Recital 18
(18)  The instrument should contribute to the improvement of the efficiency of visa processing in terms of detecting and assessing security and irregular migration risks, as well as facilitating visa procedures for bona fide travellers. In particular, the instrument should deliver financial assistance to support digitalisation of visa processing with the objective to provide fast, secure and client-friendly visa procedures for the benefit of both visa applicants and consulates. The instrument should also serve to ensure wide consular coverage across the world. The uniform implementation of the common visa policy and its modernisation should also be covered by the instrument.
(18)  The instrument should contribute to the improvement of the efficiency of visa processing in terms of facilitating visa procedures for bona fide travellers and of detecting and assessing security and irregular migration risks. In particular, the instrument should deliver financial assistance to support digitalisation of visa processing with the objective to provide fast, secure and client-friendly visa procedures for the benefit of both visa applicants and consulates. The instrument should also serve to ensure wide consular coverage across the world. The uniform implementation of the common visa policy and its modernisation should also be covered by the instrument, as should assistance to Member States for the issuance of visas with limited territorial validity issued on humanitarian grounds, for reasons of national interest or because of international obligations as well as for beneficiaries of a Union resettlement or relocation programme, and for compliance, in full, with the Union acquis on visas.
Amendment 20
Proposal for a regulation
Recital 19
(19)  The instrument should support measures in the territory of the Schengen countries that are linked to border control as part of the development of a common integrated border management system, which strengthens the overall functioning of the Schengen area.
(19)  The instrument should support measures clearly linked to external border control in the territory of the Schengen countries as part of the development of a common integrated border management system, which strengthens the overall functioning of the Schengen area.
Amendment 21
Proposal for a regulation
Recital 20
(20)  With a view to improving the management of the external borders, to contribute to preventing and combating irregular migration and to contribute to a high level of security within the area of freedom, security and justice of the Union, the instrument should support the development of large-scale IT systems, based on existing or new IT systems. It should also support the setting-up of interoperability between those EU information systems (Entry-exit system (EES)23 , the Visa Information System (VIS)24 , the European Travel Information and Authorisation System (ETIAS)25 , Eurodac26 , the Schengen Information System (SIS)27 and the European Criminal Records Information System for third-country nationals (ECRIS-TCN))28 in the Member States, in order for these EU information systems and their data to supplement each other. The instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level (European search portal (ESP), a shared biometric matching service (shared BMS), a common identity repository (CIR) and a multiple-identity detector (MID))29 .
(20)  With a view to improving the management of the external borders, to facilitating legitimate travel, to contributing to the prevention of and combating irregular border crossing and to contributing to a high level of security within the area of freedom, security and justice of the Union, the instrument should support the development of those large-scale IT systems that have been agreed upon by the European Parliament and the Council. In that regard, it should also support the setting-up of interoperability between those EU information systems (Entry-exit system (EES)23, the Visa Information System (VIS)24, the European Travel Information and Authorisation System (ETIAS)25, Eurodac26, the Schengen Information System (SIS)27 and the European Criminal Records Information System for third-country nationals (ECRIS-TCN))28 in the Member States, in order for these EU information systems and their data to supplement each other. The instrument should also contribute to the necessary developments at national level following the implementation of the interoperability components at central level (European search portal (ESP), a shared biometric matching service (shared BMS), a common identity repository (CIR) and a multiple-identity detector (MID))29.
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23 Regulation (EU) 2017/2226 of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20).
23 Regulation (EU) 2017/2226 of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20).
24 Regulation (EC) No 767/2008/EC of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
24 Regulation (EC) No 767/2008/EC of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
25 COM(2016)0731 of 16 November 2016.
25 COM(2016)0731 of 16 November 2016.
26 COM(2016)0272 final/2 of 4 May 2016.
26 COM(2016)0272 final/2 of 4 May 2016.
27 COM(2016)0881, 0882 and 0883 of 21 December 2016.
27 COM(2016)0881, 0882 and 0883 of 21 December 2016.
28 COM(2017)0344 of 29 June 2017.
28 COM(2017)0344 of 29 June 2017.
29 COM(2017)0794 of 12 December 2017.
29 COM(2017)0794 of 12 December 2017.
Amendment 22
Proposal for a regulation
Recital 21
(21)  The instrument should complement and reinforce the activities to implement European integrated border management in line with shared responsibility and solidarity between the Member States and the European Border and Coast Guard Agency representing the two pillars of the European Border and Coast Guard. This means, in particular that, when drawing up their programmes, Member States should take into account the analytical tools and operational and technical guidelines developed by the European Border and Coast Guard Agency as well as the training curricula developed by it, such as the common core curricula for the training of border guards, including its components with regard to fundamental rights and access to international protection. In order to develop complementarity between its mission and the responsibilities of the Member States for the control of the external borders as well as to ensure consistency and to avoid cost inefficiency, the Commission should consult the European Border and Coast Guard Agency on the draft national programmes submitted by the Member States in as far as it falls within the Agency’s competencies, in particular on the activities financed under operating support.
(21)  The instrument should complement and reinforce the activities implementing European integrated border management in line with shared responsibility and solidarity between the Member States and the European Border and Coast Guard Agency representing the two pillars of the European Border and Coast Guard. This means, in particular that, when drawing up their national programmes, Member States should take into account the analytical tools, operational and technical guidelines developed by the European Border and Coast Guard Agency as well as the training curricula developed by it, such as the common core curricula for the training of border guards, including its components with regard to fundamental rights and access to international protection. In order to develop complementarity between its tasks and the responsibilities of the Member States for the control of the external borders, and to ensure consistency and avoid cost inefficiency, the Commission should consult the European Border and Coast Guard Agency on the draft national programmes submitted by the Member States in as far as they fall within the Agency’s competencies, in particular on the activities financed under operating support. The Commission should also ensure that eu-LISA, the European Union Agency for Fundamental Rights and any other relevant Union agency or body, are associated with the process of developing Member States’ national programmes at an early stage, in so far as it falls within the agencies’ competencies.
Amendment 23
Proposal for a regulation
Recital 22
(22)  The instrument should support the implementation of the hotspot approach as outlined in the Commission’s Communication on A European Agenda on Migration and endorsed by the European Council of 25 and 26 June 201530 . The hotspot approach provides operational support to Member States affected by disproportionate migratory pressure at the Union’s external borders. It offers integrated, comprehensive and targeted assistance in a spirit of solidarity and shared responsibility as well as with a view to safeguarding the integrity of the Schengen area.
(22)  In so far as the affected Member States so request, the instrument should support the implementation of the hotspot approach as outlined in the Commission’s Communication on A European Agenda on Migration and endorsed by the European Council of 25 and 26 June 2015. The hotspot approach provides operational support to Member States faced with an emergency situation. It offers integrated, comprehensive and targeted assistance in a spirit of solidarity and shared responsibility, allowing the arrival of large numbers of persons at the Union's external borders to be handled humanely and efficiently, as well as with a view to safeguarding the integrity of the Schengen area.
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30 EUCO 22/15 CO EUR 8 CONCL 3.
Amendment 24
Proposal for a regulation
Recital 23
(23)  In the interest of solidarity in the Schengen area as a whole and in the spirit of shared responsibility for the protection of the Union’s external borders, where weaknesses or risks are identified, in particular following a Schengen evaluation in accordance with Council Regulation (EU) No 1053/201331, the Member State concerned should adequately address the matter by using resources under its programme to implement recommendations adopted pursuant to that Regulation and in line with vulnerability assessments carried out by the European Border and Coast Guard Agency in accordance with Article 13 of Regulation (EU) 2016/1624.
(23)  In the interest of solidarity in the Schengen area and throughout the Union and in the spirit of shared responsibility for the protection of the Union’s external borders, where weaknesses or risks are identified, in particular following a Schengen evaluation in accordance with Council Regulation (EU) No 1053/201331, the Member State concerned should adequately address the matter by using resources under its programme to implement recommendations adopted pursuant to that Regulation and in line with vulnerability assessments carried out by the European Border and Coast Guard Agency in accordance with Article 13 of Regulation (EU) 2016/1624.
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31 Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis (OJ L 295, 6.11.2013, p. 27).
31 Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis (OJ L 295, 6.11.2013, p. 27).
Amendment 25
Proposal for a regulation
Recital 24
(24)  The instrument should express solidarity and shared responsibility through financial assistance for those Member States that fully apply the Schengen provisions on external borders and visas as well as those which are preparing for full participation in Schengen, and should be used by the Member States in the interests of the Union’s common policy for the management of the external borders.
(24)  The instrument should provide financial assistance to those Member States that fully apply the Schengen provisions on external borders and visas and to those which are preparing for full participation in Schengen, and should be used by the Member States in the interests of the Union’s common policy for the management of the external borders.
Amendment 26
Proposal for a regulation
Recital 26
(26)  To contribute to the achievement of the policy objective of the instrument, Member States should ensure that their programmes address the specific objectives of the instrument, that the priorities chosen are in line with the agreed EU priorities and the implementing measures as set out in Annex II and that the allocation of resources between objectives and actions is proportionate to the challenges and needs they are faced with.
(26)  To contribute to the achievement of the policy objective of the instrument, Member States should ensure that their programmes address the specific objectives of the instrument, that the priorities chosen are in line with the agreed EU priorities and the implementing measures as set out in Annex II and that the allocation of appropriate resources between objectives and actions is proportionate to the challenges and needs they are faced with. In that regard, it is important to achieve a fair and transparent distribution of resources among the specific objectives of the instrument. Accordingly, it is appropriate to ensure a minimum level of expenditure for the specific objective of supporting the common visa policy whether for measures under direct or indirect management, or for measures under shared management.
Amendment 27
Proposal for a regulation
Recital 31
(31)  Border surveillance at sea is considered one of the coastguard functions performed in the Union maritime domain. National authorities carrying out coast guard functions are also responsible for a wide range of tasks, which may include, but would not be limited to, maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. The broad scope of coastguard functions brings them under the remit of different Union policies which should seek synergies to achieve more effective and efficient results.
(31)  Border surveillance at sea is considered one of the coastguard functions performed in the Union maritime domain. National authorities carrying out coast guard functions are also responsible for a wide range of tasks, which may include, but would not be limited to, maritime safety, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. The broad scope of coastguard functions brings them under the remit of different Union policies which should seek synergies to achieve more effective and efficient results.
Amendment 28
Proposal for a regulation
Recital 31 a (new)
(31a)  When implementing actions funded under the instrument which are related to maritime border surveillance, Member States should pay special attention to their obligations under international maritime law to render assistance to persons in distress. In that regard, equipment and systems supported under the instrument should be used to address search and rescue situations which may arise during a border surveillance operation at sea, thereby contributing to ensuring the protection and saving the lives of migrants.
Amendment 29
Proposal for a regulation
Recital 33
(33)  To strengthen the complementarity and to reinforce the consistency of maritime activities as well as to avoid duplication of efforts and to alleviate budgetary constraints in an area of costly activities such as the maritime domain, the instrument should support maritime operations of multipurpose character where the main objective is border surveillance but other objectives could additionally be pursued simultaneously.
(33)  To strengthen the complementarity and to reinforce the consistency of maritime activities as well as to avoid duplication of efforts and to alleviate budgetary constraints in an area of costly activities such as the maritime domain, the instrument should support maritime operations of multipurpose character where the main objective is border surveillance but other objectives linked to it could additionally be pursued simultaneously, such as combating trafficking in human beings.
Amendment 30
Proposal for a regulation
Recital 34
(34)  Measures in and in relation to third countries supported through the instrument should be implemented in full synergy and coherence with and should complement other actions outside the Union supported through the Union's external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy related to the country or region in question. In relation to the external dimension, the instrument should target support to enhance cooperation with third countries and to reinforce key aspects of their border surveillance and border management capabilities in areas of interest to the Union’s migration policy and Union’s security objectives.
(34)  The primary purpose of this instrument should be to support integrated border management at the Union’s external borders and to support the common visa policy. However, within defined limits and subject to the appropriate safeguards, certain measures in and in relation to third countries could be supported through the instrument. Those measures should be implemented in full synergy and coherence with and should complement other actions outside the Union supported through the Union's external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy related to the country or region in question.
Amendment 31
Proposal for a regulation
Recital 34 a (new)
(34a)  The Commission should pay particular attention to the evaluation of actions and programmes related to third countries.
Amendment 32
Proposal for a regulation
Recital 35
(35)  Funding from the Union budget should concentrate on activities where Union intervention can bring added value as compared to actions by Member States alone. As the Union is in a better position than Member States to provide a framework for expressing Union solidarity in border control, common visa policy and the management of migration flows, and to provide a platform for the development of common IT systems underpinning those policies, financial support provided under this Regulation will contribute in particular to strengthening national and Union capabilities in those areas.
(35)  Funding from the Union budget should concentrate on activities where Union intervention can bring added value as compared to actions by Member States alone. As the Union is in a better position than Member States to provide a framework for expressing Union solidarity in border management and common visa policy, and to provide a platform for the development of common IT systems underpinning those policies, financial support provided under this Regulation will contribute in particular to strengthening national and Union capabilities in those areas.
Amendment 33
Proposal for a regulation
Recital 36
(36)  A Member State may be deemed not to be compliant with the relevant Union acquis, including as regards the use of operating support under this instrument, if it has failed to fulfil its obligations under the Treaties in the areas of border management and visa, if there is a clear risk of a serious breach by the Member State of the Union’s values when implementing the acquis on border management and visa or if an evaluation report under the Schengen evaluation and monitoring mechanism has identified deficiencies in the relevant area.
(36)  A Member State may be deemed not to be compliant with the relevant Union acquis, including as regards the use of operating support under this instrument, if it has failed to fulfil its obligations under the Treaties in the areas of border management and visa, if there is a clear risk of a serious breach by the Member State of the Union’s values when implementing the acquis on border management and visa, if an evaluation report under the Schengen evaluation and monitoring mechanism has identified deficiencies in the relevant area, or if, when cooperating with a third country, the Member State has financed and taken joint actions with that third country which have resulted in breaches of fundamental rights reported by the evaluation and monitoring mechanism.
Amendment 34
Proposal for a regulation
Recital 37
(37)  The instrument should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability, and ensuring a fair and transparent distribution of resources to meet the objectives laid down in this Regulation.
(37)  The instrument should ensure a fair and transparent distribution of resources to meet the objectives laid down in this Regulation. It should balance the need for predictability in the distribution of funding with the need for its increased flexibility and simplicity. In order to meet the requirements in terms of transparency of funding, the Commission, with the cooperation of the Member States, should publish information on the development of the annual and multiannual programmes under the thematic facility. The implementation of the instrument should be guided by the principles of efficiency, effectiveness and quality of spending. Furthermore, the implementation of the instrument should be as user-friendly as possible.
Amendment 35
Proposal for a regulation
Recital 38
(38)  This Regulation should establish the initial amounts for Member States’ programmes calculated on the basis of criteria laid down in Annex I, which reflect the length and the threat levels at land and sea border sections, the workload at the airports and the consulates as well as the number of consulates.
(38)  This Regulation should establish the initial amounts for Member States’ programmes calculated on the basis of criteria laid down in Annex I, which reflect the length and the impact levels based on recent and historical data at land and sea border sections, the workload at the airports and the consulates as well as the number of consulates.
Amendment 36
Proposal for a regulation
Recital 39 a (new)
(39a)  The mid-term review should be used to assess the effectiveness and Union added value of programmes, resolve problems that appeared during the first phase, and provide a transparent overview of the implementation.
Amendment 37
Proposal for a regulation
Recital 40
(40)  As challenges in the area of border management and visas are constantly evolving there is a need to adapt the allocation of funding to the changes in migration flows, pressure at the border and security threats and steer funding towards the priorities with the highest added value for the Union. To respond to pressing needs, changes in policy and Union priorities and to steer funding towards actions with a high level of added value for the Union, part of the funding will be periodically allocated to specific actions, Union actions and emergency assistance, via a thematic facility.
(40)  As challenges in the area of border management and visas are constantly evolving there is a need to adapt the allocation of funding to changes in priorities for visa policy and border management, including as a result of increased pressure at the border, and to steer funding towards the priorities with the highest added value for the Union. To respond to pressing needs, changes in policy and Union priorities and to steer funding towards actions with a high level of added value for the Union, part of the funding will be periodically allocated to specific actions, Union actions and emergency assistance, via a thematic facility.
Amendment 38
Proposal for a regulation
Recital 42
(42)  The instrument should contribute to supporting operating costs related to border management, common visa policy and large-scale IT systems and should thereby enable Member States to maintain capabilities which are crucial for the Union as a whole. Such support consists of full reimbursement of specific costs related to the objectives of the instrument and should form an integral part of the Member States’ programmes.
(42)  The instrument should, within defined limits, contribute to supporting operating costs related to border management, common visa policy and large-scale IT systems and should thereby enable Member States to maintain capabilities which are crucial for the Union as a whole. Such support consists of full reimbursement of specific costs related to the objectives of the instrument and should form an integral part of the Member States’ programmes.
Amendment 39
Proposal for a regulation
Recital 43
(43)  Part of the available resources under the instrument could also be allocated to Member States’ programmes for the implementation of specific actions in addition to their initial allocation. These specific actions should be identified at Union level and should concern actions which require cooperative effort or actions necessary to address developments in the Union which require additional funding to be made available to one or more Member States, such as the purchase through the national programmes of Member States of technical equipment needed by the European Border and Coast Guard Agency to perform its operational activities, the modernisation of the processing of visa applications, the development of new large-scale IT systems and the setting-up of interoperability between those systems. These specific actions will be defined by the Commission in its work programmes.
(43)  Part of the available resources under the instrument could also be allocated to Member States’ programmes for the implementation of specific actions in addition to their initial allocation. These specific actions should be identified at Union level and should concern actions with a Union added value which require cooperative effort among Member States or actions necessary to address developments in the Union which require additional funding to be made available to one or more Member States, such as the purchase through the national programmes of Member States of technical equipment needed by the European Border and Coast Guard Agency to perform its operational activities, the modernisation of the processing of visa applications, the development of large-scale IT systems and the setting up of interoperability between those systems. These specific actions will be defined by the Commission in its work programmes which should be adopted by delegated act.
Amendment 40
Proposal for a regulation
Recital 45
(45)  In order to strengthen the Union’s capacity to immediately address unforeseen or disproportionate migratory pressure, in particular at those border sections where the impact level has been identified in line with Regulation (EU) No 1052/2013 of the European Parliament and of the Council38 as such that it jeopardises the functioning of the Schengen area as a whole, as well as pressure on the visa sections of Member States’ consulates or risks to border security, it should be possible to provide emergency assistance in accordance with the framework set out in this Regulation.
(45)  In order to strengthen the Union’s capacity to address immediately unforeseen, urgent and specific needs in the event of an emergency situation, in particular at those border sections where the impact level has been identified in line with Regulation (EU) No 1052/2013 of the European Parliament and of the Council38 as such that it jeopardises the functioning of the Schengen area as a whole, as well as pressure on the visa sections of Member States’ consulates or risks to border security, this instrument should exceptionally provide financial assistance as a measure of last resort in accordance with the framework set out in this Regulation.
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38 Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11).
38 Regulation (EU) No 1052/2013 of the European Parliament and of the Council of 22 October 2013 establishing the European Border Surveillance System (Eurosur) (OJ L 295, 6.11.2013, p. 11).
Amendment 41
Proposal for a regulation
Recital 45 a (new)
(45a)  Migration and the crossing of external borders by a large number of third-country nationals should not, per se, be considered to be a threat to public policy or internal security and should not, per se, trigger emergency assistance under this instrument.
Amendment 42
Proposal for a regulation
Recital 46
(46)  The policy objective of this instrument will be also addressed through financial instruments and budgetary guarantee under the policy window(s) [...] of the InvestEU Fund. Financial support should be used to address market failures or sub-optimal investment situations, in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the internal market. Actions should have a clear European added value.
deleted
Amendment 43
Proposal for a regulation
Recital 49
(49)  For the purpose of implementation of actions under shared management, the instrument should form part of a coherent framework consisting of this Regulation, the Financial Regulation and Regulation (EU) No …/… [CPR].
(49)  For the purpose of implementation of actions under shared management, the instrument should form part of a coherent framework consisting of this Regulation, the Financial Regulation and an instrument laying down common provisions for shared management. In the event of conflicting provisions, this Regulation should take precedence over the common provisions.
Amendment 44
Proposal for a regulation
Recital 52
(52)  In accordance with Regulation (EU) No …/… [new Financial Regulation]41 , Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council42 , Council Regulation (Euratom, EC) No 2988/9543 , Council Regulation (Euratom, EC) No 2185/9644 and Council Regulation (EU) 2017/193945 , the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council46 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights.
(52)  In accordance with Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council42 , Council Regulation (Euratom, EC) No 2988/9543 , Council Regulation (Euratom, EC) No 2185/9644 and Council Regulation (EU) 2017/193945 , the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council46 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. The results of investigations into irregularities or fraud in relation to the instrument should be made available to the European Parliament.
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41 OJ C […], […], p. […].
42 Regulation (EU, Euratom ) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248 18.9.2013, p. 1).
42 Regulation (EU, Euratom ) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248 18.9.2013, p. 1).
43 Council Regulation (Euratom, EC) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p. 1).
43 Council Regulation (Euratom, EC) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p. 1).
44 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
44 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
45 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
45 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
46 Directive (EU) 2017/1939 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
46 Directive (EU) 2017/1939 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 45
Proposal for a regulation
Recital 55
(55)  Pursuant to Article 349 of the TFEU and in line with the Commission Communication A stronger and renewed strategic partnership with the EU's outermost regions, endorsed by the Council in its conclusion of 12 April 2018, the relevant Member States should ensure that their national programmes address emerging threats the outermost regions are confronted with. The instrument supports these Member States with adequate resources to help the outermost regions as appropriate.
(55)  Pursuant to Article 349 of the TFEU and in line with the Commission Communication A stronger and renewed strategic partnership with the EU's outermost regions, endorsed by the Council in its conclusion of 12 April 2018, the relevant Member States should ensure that their national programmes address emerging threats the outermost regions are confronted with, such as border surveillance, disproportionate influx of people or the deployment of EU information systems. The instrument supports these Member States with adequate resources to help the outermost regions in light of such specificities.
Amendment 46
Proposal for a regulation
Recital 56
(56)  Pursuant to paragraph 22 and 23 of the Interinstitutional Agreement for Better Law-Making of 13 April 201648, there is a need to evaluate this instrument on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the instrument on the ground. In order to measure the achievements of the instrument, indicators and related targets should be established in relation to each specific objective of the instrument.
(56)  Pursuant to paragraph 22 and 23 of the Interinstitutional Agreement for Better Law-Making of 13 April 201648, there is a need to evaluate this instrument on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators - including qualitative and quantitative indicators, as a basis for evaluating the effects of the instrument on the ground. In order to measure the achievements of the instrument, indicators and related targets should be established in relation to each specific objective of the instrument.
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48 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14.
48 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14.
Amendment 47
Proposal for a regulation
Recital 58
(58)  Through the indicators and financial reporting, the Commission and the Member States should monitor the implementation of the instrument, in accordance with the relevant provisions of Regulation (EU) No …/… [CPR] and this Regulation.
(58)  The Commission should present a summary of the accepted annual performance reports to the European Parliament and the Council every year. Upon request, the Commission should make the full text of the annual performance reports available to the European Parliament and the Council.
Amendment 48
Proposal for a regulation
Recital 58 a (new)
(58a)  It is important to ensure sound financial management and legal certainty during the transitional period and throughout the implementation of the Instrument. Actions undertaken during the 2014-2020 period should not be interrupted during the transition.
Amendment 49
Proposal for a regulation
Recital 60
(60)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. These powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council50 . The examination procedure should be used for implementing acts that lay down common obligations on Member States, in particular on the provision of information to the Commission, and the advisory procedure should be used for the adoption of implementing acts relating to the modalities of providing information to the Commission in the framework of programming and reporting, given their purely technical nature.
(60)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. These powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council50. Advisory procedure should be used for the adoption of implementing acts relating to the modalities of providing information to the Commission in the framework of programming and reporting, given their purely technical nature.
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50 OJ L 55, 28.2.2011, p. 13.
50 OJ L 55, 28.2.2011, p. 13.
Amendment 50
Proposal for a regulation
Article 1 – paragraph 1
1.  This Regulation establishes the instrument for financial support for border management and visa (‘the instrument’) as part of the Integrated Border Management Fund (‘the Fund’).
1.  This Regulation establishes the instrument for financial support for border management and visa (‘the instrument’) as part of the Integrated Border Management Fund (‘the Fund’) for the period from 1 January 2021 to 31 December 2027.
Amendment 51
Proposal for a regulation
Article 1 – paragraph 2
2.  Jointly with Regulation (EU) No …/… [Customs Control Equipment Fund], establishing as part of the [Integrated Border Management Fund] the instrument for financial support for customs control equipment, this Regulation establishes the Fund.
deleted
Amendment 52
Proposal for a regulation
Article 1 – paragraph 3
3.  It lays down the objectives of the instrument, the budget for the period 2021-2027, the forms of Union funding and the rules for providing such funding.
3.  This Regulation lays down the objectives of the instrument, the specific objectives and measures to implement those specific objectives, the budget for the period 2021-2027, the forms of Union funding and the rules for providing such funding.
Amendment 53
Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1)  'blending operation' means actions supported by the Union budget, including within blending facilities pursuant to Article 2(6) of the Financial Regulation, combining non-repayable forms of support and/or financial instruments from the Union budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors;
deleted
Amendment 54
Proposal for a regulation
Article 2 – paragraph 1 – point 4
(4)  ‘external borders’ means the borders of the Member States: land borders, including river and lake borders, sea borders as well as their airports, river ports, sea ports and lake ports to which the provisions of Union law on the crossing of external borders apply, including those internal borders at which the controls have not been lifted yet;
(4)  ‘external borders’ means external borders as defined in point (2) of Article 2 of Regulation (EU) No 399/2016 the borders of the Member States: land borders, including river and lake borders, sea borders as well as their airports, river ports, sea ports and lake ports to which the provisions of Union law on the crossing of external borders apply, including those internal borders at which the controls have not been lifted yet;
Amendment 55
Proposal for a regulation
Article 3 – paragraph 1
1.  As part of the Integrated Border Management Fund, the policy objective of the instrument shall be ensuring strong and effective European integrated border management at the external borders while safeguarding the free movement of persons within it, in full compliance with the Union’s commitments on fundamental rights, thereby contributing to guaranteeing a high level of security in the Union.
1.  As part of the Integrated Border Management Fund, the policy objective of the instrument shall be ensuring effective European integrated border management at the external borders while safeguarding the free movement of persons within it, in full compliance with the Union’s acquis and international obligations of the Union and its Member States arising from international instruments to which they are signatory.
Amendment 56
Proposal for a regulation
Article 3 – paragraph 2 – point a
(a)  supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegal immigration and cross-border crime and to effectively manage migratory flows;
(a)  supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect irregular immigration and cross-border crime and to effectively manage migratory flows;
Amendment 57
Proposal for a regulation
Article 3 – paragraph 2 – point b
(b)  supporting the common visa policy to facilitate legitimate travel and prevent migratory and security risks.
(b)  supporting the common visa policy to ensure a more harmonised approach among the Member States with regard to the issuance of visas and to facilitate legitimate travel and mitigate security risks.
Amendment 58
Proposal for a regulation
Article 3 a (new)
Article 3a
Non-discrimination and respect for fundamental rights
The instrument shall be implemented in full compliance with the rights and principles enshrined in the Union acquis, the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms, and with the Union’s international obligations as regards fundamental rights, in particular by ensuring compliance with the principles of non-discrimination and non-refoulement.
Amendment 59
Proposal for a regulation
Article 4 – paragraph 1
1.  Within the objectives referred to in Article 3 and in line with the implementation measures listed in Annex II, the instrument shall in particular support the actions listed in Annex III.
1.  In line with the implementation measures listed in Annex II, the instrument shall support actions that contribute to the achievement of the objectives referred to in Article 3 and in particular the actions listed in Annex III.
Amendment 60
Proposal for a regulation
Article 4 – paragraph 2
2.  To achieve the objectives of this Regulation, the instrument may support actions in line with Union priorities as referred to in Annex III in relation to and in third countries, where appropriate, in accordance with Article 5.
2.  To achieve the objectives referred to in Article 3, the instrument may in exceptional cases, within defined limits, and subject to appropriate safeguards, support actions as referred to in Annex III in relation to and in third countries, in accordance with Article 5.
Amendment 61
Proposal for a regulation
Article 4 – paragraph 2 a (new)
2a.  The total amount of funding for supporting actions in or in relation to third countries under the thematic facility in accordance with Article 8 shall not exceed 4 % of the total amount allocated to the thematic facility under Article 7(2)(b).
Amendment 62
Proposal for a regulation
Article 4 – paragraph 2 b (new)
2b.  The total amount of funding for supporting actions in or in relation to third countries under the Member States' programmes in accordance with Article 12 shall not exceed, for each Member State, 4 % of the total amount allocated to that Member State in accordance with Article 7(2)(a), with Article 10(1) and with Annex I.
Amendment 63
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Where an emergency situation occurs, non-eligible actions referred to in this paragraph may be considered eligible.
Where an emergency situation, as referred to in Article 23, occurs, non-eligible actions referred to in this paragraph may be considered eligible.
Amendment 64
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii
(ii)  third country listed in the work programme under the conditions specified therein.
(ii)  a third country listed in the work programme under the conditions specified therein, subject to the condition that all actions in or in relation to that third country fully respect the rights and principles enshrined in the Charter of Fundamental Rights of the European Union, and the international obligations of the Union and the Member States.
Amendment 65
Proposal for a regulation
Article 5 – paragraph 3
3.  Legal entities established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action.
3.  Legal entities established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action, and where this is in full compliance with Union acquis and the Charter of Fundamental Rights of the European Union.
Amendment 66
Proposal for a regulation
Article 5 – paragraph 4
4.  Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas countries or territories linked to those states or in third countries, are eligible.
4.  Legal entities participating in consortia of at least two independent entities, established in different Member States or in overseas countries or territories linked to those states are eligible. Article 6(3) applies when international organisations participating in a consortium are established in a third country.
Amendment 67
Proposal for a regulation
Article 6 – paragraph 1
1.  Support provided under this Regulation shall complement national, regional and local interventions, and shall focus on bringing added value to the objectives of this Regulation.
1.  Support provided under this Regulation shall complement national, regional and local interventions, and shall focus on bringing Union added value to the objectives of this Regulation.
Amendment 68
Proposal for a regulation
Article 6 – paragraph 3 b (new)
3b.  The Commission and the Member States shall cooperate in the implementation of the instrument. The Commission shall set up a helpdesk and contact point to provide support to Member States and contribute to the effective allocation of funding.
Amendment 69
Proposal for a regulation
Article 7 – paragraph 1
1.  The financial envelope for the implementation of the instrument for the period 2021-2027 shall be EUR 8 018 000 000 in current prices.
1.  The financial envelope for the implementation of the instrument for the period 2021-2027 shall be EUR 7 087 760 000 in 2018 prices (EUR 8 018 000 000 in current prices).
Amendment 70
Proposal for a regulation
Article 7 – paragraph 2 – point a
(a)  EUR 4 811 000 000 shall be allocated to the programmes implemented under shared management, of which EUR 157 200 000 for the Special Transit Scheme referred to in Article 16, implemented under shared management;
(a)  EUR 4 252 833 000 in 2018 prices (EUR 4 811 000 000 in current prices) shall be allocated to the programmes implemented under shared management, of which EUR 138 962 000 in 2018 prices (EUR 157 200 000 in current prices) for the Special Transit Scheme referred to in Article 16, implemented under shared management;
Amendment 71
Proposal for a regulation
Article 7 – paragraph 2 – point b
(b)  EUR 3 207 000 000 shall be allocated to the thematic facility.
(b)  EUR 2 834 927 000 in 2018 prices (EUR 3 207 000 000 in current prices) shall be allocated to the thematic facility.
Amendment 72
Proposal for a regulation
Article 8 – paragraph 2
2.  Funding from the thematic facility shall address priorities with a high added value to the Union or be used to respond to urgent needs, in line with agreed Union priorities as outlined in Annex II.
2.  Funding from the thematic facility shall address priorities with a high added value to the Union or be used to respond to urgent needs, in line with agreed Union priorities as outlined in Annex II or support measures in accordance with Article 20. For the preparation of the work programmes, the Commission shall consult the organisations, which represent the partners at Union level, including civil society.
Amendment 73
Proposal for a regulation
Article 8 – paragraph 2 a (new)
2a.  A minimum of 20 % of the funding from the thematic facility shall be allocated to the specific objective referred to in Article 3(2)(b).
Amendment 74
Proposal for a regulation
Article 8 – paragraph 3
3.  When funding from the thematic facility is granted in direct or indirect management to Member States, it shall be ensured that selected projects are not affected by a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU that puts at risk the legality and regularity of expenditure or the performance of projects.
3.  When funding from the thematic facility is granted in direct or indirect management to Member States, no funding shall be available for projects where there is evidence that the legality of those projects, or the legality and regularity of that funding, or the performance of those projects, would be in doubt as a result of a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU.
Amendment 75
Proposal for a regulation
Article 8 – paragraph 4
4.  When funding from the thematic facility is implemented in shared management, the Commission shall, for the purposes of Article 18 and Article 19(2) of Regulation (EU) No …/… [CPR], assess whether the foreseen actions are not affected by a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU that puts at risk the legality and regularity of expenditure or the performance of the projects.
4.  When funding from the thematic facility is implemented in shared management, the Commission shall assess the foreseen actions to ensure that no funding shall be available for projects where there is evidence that the legality of those projects, or the legality and regularity of those projects, or the performance of those projects, would be called in doubt as a result of a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU.
Amendment 76
Proposal for a regulation
Article 8 – paragraph 4 a (new)
4a.  When funding from the thematic facility is granted under direct or indirect management, the Commission shall assess whether the actions foreseen are not affected by a generalised deficiency as regards the rule of law in a Member State that affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union in a manner that puts at risk the legality and regularity of expenditure or the performance of the projects.
Amendment 77
Proposal for a regulation
Article 8 – paragraph 6
6.  The Commission shall adopt financing decisions as referred to in Article 110 of the Financial Regulation for the thematic facility, identifying the objectives and the actions to be supported and specifying the amounts for each of its components, as referred to in paragraph 1. Financing decisions shall set out, where applicable, the overall amount reserved for blending operations.
6.  The Commission is empowered to adopt delegated acts in accordance with Article 29 to lay down work programmes as referred to in Article 110 of the Financial Regulation for the thematic facility, identifying the objectives and the actions to be supported and specifying the amounts for each of its components, as referred to in paragraph 1.
Amendment 78
Proposal for a regulation
Article 8 – paragraph 7
7.  Following the adoption of a financing decision as referred to in paragraph 3, the Commission may amend the programmes implemented under shared management accordingly.
7.  Following the adoption of a work programme as referred to in paragraph 6, the Commission may amend the programmes implemented under shared management accordingly.
Amendment 79
Proposal for a regulation
Article 8 – paragraph 8
8.  The financing decisions may be annual or multiannual and may cover one or more components of the thematic facility.
8.  The work programmes may be annual or multiannual and may cover one or more components of the thematic facility.
Amendment 80
Proposal for a regulation
Article 9 – paragraph 1
1.  This section applies to the part of the financial envelope referred to in Article 7(2)(a), and the additional resources to be implemented under shared management according to the Commission decision for the thematic facility referred to in Article 8.
1.  This section applies to the part of the financial envelope referred to in Article 7(2)(a), and the additional resources to be implemented under shared management, according to the Commission work programmes for the thematic facility referred to in Article 8.
Amendment 81
Proposal for a regulation
Article 10 – paragraph 1 – point a
(a)  EUR 4 009 000 000 to the Member States in accordance with the criteria in Annex I;
(a)  EUR 3 543 880 000 in 2018 prices (EUR 4 009 000 000 in current prices) to the Member States in accordance with the criteria in Annex I;
Amendment 82
Proposal for a regulation
Article 10 – paragraph 1 – point b
(b)  EUR 802 000 000 to the Member States for the adjustment of the allocations for the programmes as referred to in in Article 13(1).
(b)  EUR 708 953 000 in 2018 prices (EUR 802 000 000 in current prices) to the Member States for the adjustment of the allocations for the programmes as referred to in in Article 13(1).
Amendment 83
Proposal for a regulation
Article 11 – paragraph 1
1.  The contribution from the Union budget shall not exceed 75 % of the total eligible expenditure of a project.
1.  The contribution from the Union Budget shall not exceed 85% of the total eligible expenditure of a project from Member States whose per capita gross national income ('GNI') is less than 90 % of that of the Union average and 75 % of the total eligible expenditure for other Member States.
Amendment 84
Proposal for a regulation
Article 12 – paragraph 1
1.  Each Member State shall ensure that the priorities addressed in its programme are consistent with and respond to the Union priorities and challenges in the area of border management and visa, and that they are fully in line with the relevant Union acquis and agreed Union priorities. In defining the priorities of their programmes, Member States shall ensure that the implementing measures as set out in Annex II are adequately addressed.
1.  Each Member State and the Commission shall ensure that the priorities addressed in the national programme are consistent with and respond to the Union priorities and challenges in the area of border management and visa, and that they are fully in line with the relevant Union acquis and agreed Union priorities, and the international obligations of the Union and Member States arising from international instruments to which they are signatories. In defining the priorities of their programmes, Member States shall ensure that the implementing measures as set out in Annex II are adequately addressed.
Amendment 85
Proposal for a regulation
Article 12 – paragraph 1 a (new)
1a.  In that regard, Member States shall allocate a minimum of 20 % of their allocated funding to the specific objective referred to in Article 3(2)(b).
Amendment 86
Proposal for a regulation
Article 12 – paragraph 2
2.  The Commission shall ensure that the European Border and Coast Guard Agency and where appropriate, eu-LISA, are associated with the process of developing the programmes of Member States at an early stage, in so far as it falls within the agencies’ competencies.
2.  The Commission shall ensure, where appropriate, that the European Border and Coast Guard Agency, eu-LISA, the European Union Agency for Fundamental Rights, and any other relevant Union agency are associated with the process of developing the programmes of Member States at an early stage, in so far as it falls within the agencies’ competencies.
Amendment 87
Proposal for a regulation
Article 12 – paragraph 3
3.  It shall consult the European Border and Coast Guard Agency on the draft programmes with a specific emphasis on the activities included under operating support in line with Article 3(2)(a) to ensure consistency and complementarity of the actions of the Agency and those of the Member States regarding border management as well as to avoid double financing and to achieve cost efficiency.
3.  The Commission shall consult the European Border and Coast Guard Agency on the draft programmes with a specific emphasis on the activities included under operating support in line with Article 3(2)(a) to ensure consistency and complementarity of the actions of the Agency and those of the Member States regarding border management as well as to avoid double financing and to achieve cost efficiency.
Amendment 88
Proposal for a regulation
Article 12 – paragraph 3 a (new)
3a.  The Commission shall consult eu-LISA on the draft programmes with a specific emphasis on the activities included under technical support in line with Article 3(2)(b) to ensure consistency and complementarity of the actions of eu-LISA and those of the Member States.
Amendment 89
Proposal for a regulation
Article 12 – paragraph 4
4.  The Commission may associate the European Border and Coast Guard Agency, and where appropriate, eu-LISA, with monitoring and evaluation tasks as referred to in Section 5, in particular in view of ensuring that the actions implemented with the support of the instrument are compliant with the relevant Union acquis and agreed Union priorities.
4.  The Commission may associate, where appropriate, the European Border and Coast Guard Agency, eu-LISA, the European Union Agency for Fundamental Rights, and any other relevant agency with monitoring and evaluation tasks as referred to in Section 5, in particular in view of ensuring that the actions implemented with the support of the instrument are compliant with the relevant Union acquis and agreed Union priorities.
Amendment 90
Proposal for a regulation
Article 12 – paragraph 6
6.  The Commission shall, where relevant, associate the European Border and Coast Guard Agency with the process of examination on the most appropriate approach to address the recommendations with the support of this instrument.
6.  The Commission shall, where relevant, associate the European Border and Coast Guard Agency, eu-LISA, the European Union Agency for Fundamental Rights and any other relevant agency or body with the process of examination on the most appropriate approach to address the recommendations with the support of this instrument.
Amendment 91
Proposal for a regulation
Article 12 – paragraph 8
8.  Where necessary, the programme in question shall be amended to take into account the recommendations referred to in paragraph 5. Depending on the impact of the adjustment, the revised programme may be approved by the Commission.
8.  Where necessary, the programme in question shall be amended to take into account the recommendations referred to in paragraph 5 and the progress in achieving the milestones and targets as assessed in the annual performance reports as referred to in Article 27(2)(a). Depending on the impact of the adjustment, the revised programme may shall be approved by the Commission.
Amendment 92
Proposal for a regulation
Article 12 – paragraph 10
10.  Whenever a Member State decides to implement projects with or in a third country with the support of the instrument, the Member State concerned shall consult the Commission prior to the start of the project.
10.  Before a Member State decides to implement projects with, in or in relation to a third country with the support of the instrument, it shall ensure that all actions proposed by, in or in relation to that third country comply with the international obligations of the Union and that Member State, and that they fully respect the rights and principles enshrined in the Charter of Fundamental Rights of the European Union. The Member State concerned shall consult the Commission prior to the start of the project, including on ensuring that the above conditions are fulfilled.
Amendment 93
Proposal for a regulation
Article 12 – paragraph 11
11.  Whenever a Member State decides to implement actions with or in a third country with the support of the instrument relating to monitoring, detection, identification, tracking, prevention and interception of unauthorised border crossings for the purpose of detecting, preventing and combating illegal immigration and cross-border crime or contributing to the protection and saving the lives of migrants, it shall ensure that it has notified the Commission of any bilateral or multilateral cooperation agreement with that third country in accordance with Article 20 of Regulation (EU) No 1052/2013.
11.  Whenever a Member State, exceptionally, decides to implement actions with, in or in relation to a third country with the support of the instrument relating to monitoring, detection, identification, tracking, prevention and interception of unauthorised border crossings for the purpose of detecting, preventing and combating irregular immigration and cross-border crime or contributing to the protection and saving the lives of migrants, it shall ensure that it has notified the Commission of any bilateral or multilateral cooperation agreement with that third country in accordance with Article 20 of Regulation (EU) No 1052/2013. Member States shall ensure full respect for the principle of non-refoulement, including in actions occurring on the high seas.
Amendment 94
Proposal for a regulation
Article 12 – paragraph 11 a (new)
11a.  As soon as a Member State decides to initiate projects with, in or in relation to a third country under this instrument, the Member State shall inform the organisations which represent the partners at national level as well as the members of the Steering Board within 10 days.
Amendment 95
Proposal for a regulation
Article 12 – paragraph 12 – introductory part
12.  As regards operating equipment, including means of transport, and communication systems required for effective and secure border control purchased with the support of this instrument, the following shall apply:
12.  As regards operating equipment, including means of transport, and communication systems required for effective and secure border control, and search and rescue operations, purchased with the support of this instrument, the following shall apply:
Amendment 96
Proposal for a regulation
Article 12 – paragraph 12 – point d
(d)  in order to support the coherent capability development planning for the European Border and Coast Guard and the possible use of joint procurement, Member States shall communicate to the Commission as part of the reporting in line with Article 27 the available multiannual planning for the equipment expected to be purchased under the instrument. The Commission shall transmit this information to the European Border and Coast Guard Agency.
(d)  in order to support the coherent capability development planning for the European Border and Coast Guard and the possible use of joint procurement, Member States shall communicate to the Commission as part of the reporting in line with Article 27 the available multiannual planning for the equipment expected to be purchased under the instrument. The Commission shall transmit this information to the European Border and Coast Guard Agency.
Where Member States are implementing actions under this instrument related to maritime border surveillance, they shall pay particular attention to their international obligations regarding search and rescue at sea and shall be entitled, for that purpose, to use the equipment and systems referred to in points (a) to (d) of this paragraph.
Amendment 97
Proposal for a regulation
Article 12 – paragraph 13
13.  Training in the field of border management carried out with the support of this instrument shall be based on the relevant harmonised and quality-assured European education and common training standards for border and coast guarding.
13.  Training in the field of border management carried out with the support of this instrument shall be based on the relevant harmonised and quality-assured European education and common training standards for border and coast guarding, and on relevant Union and international law, including with regard to fundamental rights, access to international protection and relevant maritime law.
Amendment 98
Proposal for a regulation
Article 12 – paragraph 15
15.  Programming as referred to in Article 17(5) of Regulation (EU) No …/… [CPR] shall be based on the types of intervention set out in Table 1 of Annex VI.
15.  Each programme shall set out for each specific objective the types of intervention in accordance with Table 1 of Annex VI and an indicative breakdown of the programmed resources by type of intervention or area of support.
Amendment 99
Proposal for a regulation
Article 13 – paragraph -1 (new)
-1.  The programmes shall be subject to a mid-term review and evaluation in accordance with Article 26.
Amendment 100
Proposal for a regulation
Article 13 – paragraph 1
1.  In 2024 the Commission shall allocate to the programmes of Member States concerned the additional amount referred to in Article 10(1)(b) in accordance with the criteria referred to in paragraph 1(c) of and in paragraphs 2 to 11 of Annex I. The allocation shall be based on the latest available statistical data for the criteria referred to in paragraph 1(c) and in paragraphs 2 to 11 of Annex I. Funding shall be effective for the period as of the calendar year 2025.
1.  By the end of 2024, and after informing the European Parliament, the Commission shall allocate to the programmes of Member States concerned the additional amount referred to in Article 10(1)(b) in accordance with the criteria referred to in paragraph 1(c) of and in paragraphs 2 to 11 of Annex I. The allocation shall be based on the latest available statistical data for the criteria referred to in paragraph 1(c) and in paragraphs 2 to 11 of Annex I. Funding shall be effective for the period as of the calendar year 2025.
Amendment 101
Proposal for a regulation
Article 13 – paragraph 2
2.  If at least 10 % of the initial allocation of a programme referred to in Article 10(1)(a) has not been covered by interim payment applications submitted in accordance with Article 85 of Regulation (EU) No …/… [CPR], the Member State concerned shall not be eligible to receive the additional allocation for its programme referred to in paragraph 1.
2.  If at least 30 % of the initial allocation of a programme referred to in Article 10(1)(a) has not been covered by interim payment applications, the Member State concerned shall not be eligible to receive the additional allocation for its programme referred to in paragraph 1.
Amendment 102
Proposal for a regulation
Article 13 – paragraph 2 a (new)
2a.   Paragraph 2  applies only if the relevant regulatory framework and related acts are in force on 1 January 2022.
Amendment 103
Proposal for a regulation
Article 13 – paragraph 3
3.  The allocation of the funds from the thematic facility as from 2025 shall, where appropriate, take into account the progress made in achieving the milestones of the performance framework as referred to in Article 12 of Regulation (EU) No …/… [CPR] and identified implementation shortcomings.
3.  The allocation of the funds from the thematic facility as from 2025 shall take into account the progress made in achieving the milestones of the performance framework and identified implementation shortcomings.
Amendment 104
Proposal for a regulation
Article 14 – paragraph 1
1.  Specific actions are transnational or national projects in line with the objectives of this Regulation for which one, several or all Member States may receive an additional allocation to their programmes.
1.  Specific actions are transnational or national projects bringing Union added value in line with the objectives of this Regulation for which one, several or all Member States may receive an additional allocation to their programmes.
Amendment 105
Proposal for a regulation
Article 15 – paragraph 3
3.  Member States using operating support shall comply with the Union acquis on borders and visas.
3.  Member States using operating support shall comply with the Union acquis.
Amendment 106
Proposal for a regulation
Article 15 – paragraph 5
5.  Without prejudice to Article 4(3)(c), operating support shall be concentrated on specific tasks and services as laid down in Annex VII.
5.  Without prejudice to Article 4(3)(c), operating support shall be concentrated on eligible actions as laid down in Annex VII.
Amendment 107
Proposal for a regulation
Article 15 – paragraph 6
6.  To address unforeseen or new circumstances or to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 29 to amend the specific tasks and services in Annex VII.
6.  To address unforeseen or new circumstances or to ensure the effective implementation of funding, the Commission shall be empowered to adopt delegated acts in accordance with Article 29 to amend the eligible actions in Annex VII.
Amendment 108
Proposal for a regulation
Article 19
Article 19
deleted
Blending operations
Blending operations decided under this instrument shall be implemented in accordance with the [InvestEU Regulation] and [Title X] of the Financial Regulation.
Amendment 109
Proposal for a regulation
Article 20 – paragraph 1
The instrument may support technical assistance measures implemented at the initiative of, or on behalf of, the Commission. Those measures may be financed at the rate of 100%.
The instrument may support technical assistance measures implemented at the initiative of, or on behalf of, the Commission. Those measures, namely, preparatory steps, monitoring, supervision, audit, evaluation and all administrative and technical assistance actions necessary for the implementation of this Regulation and, where appropriate with third countries, may be financed at the rate of 100 %.
Amendment 110
Proposal for a regulation
Article 22 – paragraph 1
1.  The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
1.  The recipients of Union funding shall promote the actions and their results, by providing coherent, effective and meaningful information to multiple relevant audiences, including media and the public in the relevant languages. To ensure the visibility of Union funding, recipients of Union funding shall refer to its origin when communicating on the action. To this end, recipients shall ensure that all communications to the media and the public display the Union emblem, and mention explicitly the Union’s financial support.
Amendment 111
Proposal for a regulation
Article 22 – paragraph 2
2.  The Commission shall implement information and communication actions relating to this instrument, its actions and results. Financial resources allocated to this instrument shall also contribute to the corporate communication on the political priorities of the Union, as far as they are related to the objectives of this Regulation.
2.  To reach the widest possible audience, the Commission shall implement information and communication actions relating to the implementation of this instrument, its actions and results. In particular, the Commission shall publish information concerning the development of the annual and multiannual programmes of the thematic facility. The Commission shall also publish the list of operations selected for support under the thematic facility on a publicly available website and shall update that list at least every three months. Financial resources allocated to this instrument shall also contribute to the corporate communication on the implementation of political priorities of the Union, as far as they are related to the objectives of this Regulation. In particular, the Commission may promote best practices and exchange information as regards the implementation of the instrument.
Amendment 112
Proposal for a regulation
Article 22 – paragraph 2 a (new)
2a.  The Commission shall publish the information referred to in paragraph 2 in open, machine readable formats, as set out in Article 5(1) of Directive 2003/98/EC of the European Parliament and of the Council1a, which allows data to be sorted, searched, extracted, compared and reused. It shall be possible to sort the data by priority, specific objective, total eligible cost of operations, total cost of projects, total cost of procurement procedures, name of beneficiary and name of contractor.
__________________
1a Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90).
Amendment 113
Proposal for a regulation
Article 22 – paragraph 2 a (new)
2a.   It shall be for the Member States to forward to the Commission information on the development of shared-management programmes, so that the information in question can then be published on its website.
Amendment 114
Proposal for a regulation
Article 23 – paragraph 1
1.  The instrument shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third-country nationals have crossed, are crossing or are expected to cross the external borders of one or more Member States, in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole Schengen area, or any other situation of urgent and exceptional pressure within the scope of this Regulation that requires immediate action.
1.  The Commission may decide to provide, on an exceptional basis, financial assistance to address urgent and specific needs in the event of a duly justified emergency situation and as a last resort. These situations can result from an urgent and exceptional pressure where a large or disproportionate number of third-country nationals have crossed, are crossing or are expected to cross the external borders of one or more Member States, in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole Schengen area, or any other duly substantiated emergency situation requiring urgent action at the external borders within the scope of this Regulation. The Commission shall inform the European Parliament and the Council without delay.
Amendment 115
Proposal for a regulation
Article 23 – paragraph 4 a (new)
4a.  Where necessary for the implementation of the action, emergency assistance may cover expenditure which was incurred prior to the date of submission of the grant application or the request for assistance, but not prior to 1 January 2021.
Amendment 116
Proposal for a regulation
Article 23 – paragraph 4 b (new)
4b.  Emergency assistance shall be provided in a manner entirely consistent with the Union acquis and with the Union's and the Member States' obligations under the international instruments to which they are signatories.
Amendment 117
Proposal for a regulation
Article 24 – paragraph 1
1.  An action that has received a contribution under the instrument may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. The rules of each contributing Union programme shall apply to its respective contribution to the action. The cumulative funding shall not exceed the total eligible costs of the action and the support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support.
1.  An action that has received a contribution under the instrument may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. The rules of each contributing Union programme shall apply to its respective contribution to the action. The cumulative funding shall not exceed the total eligible costs of the action and the support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support. Contributions from other Union programmes to actions under this instrument shall be acknowledged, where appropriate, in the Commission work programmes or in the national programmes and annual performance reports.
Amendment 118
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
2.  Actions awarded a seal of Excellence certification, or which comply with the following cumulative comparable conditions:
2.  Operations awarded a seal of Excellence certification, or which comply with the following cumulative comparable conditions:
Amendment 119
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1
may receive support from the European Regional Development Fund, the Cohesion Fund, the European Social Fund+ or the European Agricultural Fund for Rural Development, in accordance with paragraph 5 of Article 67 of Regulation (EU) No …/… [CPR] and Article 8 of Regulation (EU) No …/… [Financing, management and monitoring of the Common Agricultural Policy], provided that such actions are consistent with the objectives of the programme concerned. The rules of the Fund or instrument providing support shall apply.
may receive support from the Union’s structural funds provided that such actions are consistent with the objectives of the programme concerned. The rules of the Fund or instrument providing support shall apply.
Amendment 120
Proposal for a regulation
Article 25 – paragraph 1
1.  In compliance with its reporting requirements pursuant to Article 43(3)(h)(i)(iii) of the Financial Regulation, the Commission shall present to the European Parliament and the Council information on performance in accordance with Annex V.
1.  In compliance with its reporting requirements pursuant to Article 41(3)(h)(i)(iii) of the Financial Regulation, the Commission shall present to the European Parliament and the Council information on performance in accordance with Annex V, at least annually.
Amendment 121
Proposal for a regulation
Article 25 – paragraph 3
3.  The indicators to report on progress of the instrument towards the achievement of the objectives of this Regulation are set out in Annex VIII. For output indicators, baselines shall be set at zero. The milestones set for 2024 and targets set for 2029 shall be cumulative.
3.  The indicators to report on progress of the instrument towards the achievement of the objectives of this Regulation are set out in Annex VIII. For output indicators, baselines shall be set at zero. The milestones set for 2024 and targets set for 2029 shall be cumulative. For resources under shared management, common indicators shall be used. Upon request, the data received by the Commission on the output and result indicators shall be made available to the European Parliament and to the Council.
Amendment 122
Proposal for a regulation
Article 25 – paragraph 5 a (new)
5a.  For resources under shared management, monitoring and reporting shall be based on the types of intervention set out in Annex VI. The Commission shall be empowered to adopt delegated acts in accordance with Article 29 to address unforeseen or new circumstances or to ensure the effective implementation of the funding.
Amendment 123
Proposal for a regulation
Article 25 – paragraph 5 b (new)
5b.  The Commission shall pay particular attention to the monitoring of actions by, in or in relation to third countries, in accordance with Article 5 and Article 12(10) and (11).
Amendment 124
Proposal for a regulation
Article 26 – paragraph 1
1.  The Commission shall carry out a mid-term and a retrospective evaluation of this Regulation, including the actions implemented under this instrument.
1.  By 31 December 2024, the Commission shall present a mid-term evaluation of the implementation of this Regulation. The mid-term evaluation shall examine the effectiveness, efficiency, simplification and flexibility of the Fund. More specifically, it shall include an assessment of:
Amendment 125
Proposal for a regulation
Article 26 – paragraph 1 – point a (new)
(a)  progress towards the achievement of the objectives of this Regulation, taking into account all relevant information available, in particular the annual performance reports submitted by the Member States under Article 30 and the output and the result indicators set out in Annex VIII;
Amendment 126
Proposal for a regulation
Article 26 – paragraph 1 – point b (new)
(b)  the Union added value of actions and operations implemented under this instrument;
Amendment 127
Proposal for a regulation
Article 26 – paragraph 1 – point c (new)
(c)  the contribution of the instrument to addressing existing and emerging challenges at the external borders, to developing the common visa policy, and the use of the instrument to address shortcomings identified by the Schengen Evaluation Mechanism and Vulnerability assessment;
Amendment 128
Proposal for a regulation
Article 26 – paragraph 1 – point d (new)
(d)  the continued relevance of and the appropriateness of the implementation measures set out in Annex II and the actions set out in Annex III;
Amendment 129
Proposal for a regulation
Article 26 – paragraph 1 – point e (new)
(e)  the complementarity and coherence between the actions supported under this instrument and supported provided by other Union funds.
Amendment 130
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 a (new)
The mid-term review shall take into account retrospective evaluation results on the long-term impact of the previous instrument for financial support for external borders and visa, part of the Internal Security Fund for the period 2014-2020.
Amendment 131
Proposal for a regulation
Article 26 – paragraph 1 a (new)
1a.  By 31 January 2030, the Commission shall carry out a retrospective evaluation. By the same date, the Commission shall submit an evaluation report to the European Parliament and to the Council. The retrospective evaluation shall include an assessment of the elements set out in paragraph 1. In that regard, the longer-term impacts of the instrument shall be evaluated with a view to feeding into a decision on a possible renewal or modification of a subsequent fund.
Amendment 132
Proposal for a regulation
Article 26 – paragraph 2
2.  The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process in accordance with the timeline set out Article 40 of Regulation (EU) No …/… [CPR].
2.  The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process in accordance with Article 14 of this Regulation.
Amendment 133
Proposal for a regulation
Article 26 – paragraph 2 a (new)
2a.  In its mid-term review and retrospective evaluation, the Commission shall pay particular attention to the evaluation of actions by, in or in relation to third countries in accordance with Article 5 and Article 12(10) and (11).
Amendment 134
Proposal for a regulation
Article 27 – paragraph 1
1.  By 15 February 2023 and by the same date of each subsequent year up to and including 2031, Member States shall submit to the Commission the annual performance report as referred to in Article 36(6) of Regulation (EU) No …/… [CPR]. The report submitted in 2023 shall cover the implementation of the programme carried out until 30 June 2022.
1.  By 15 February 2023 and by the same date of each subsequent year up to and including 2031, Member States shall submit to the Commission the annual performance report. The report submitted in 2023 shall cover the implementation of the programme carried out until 30 June 2022. Member States shall publish these reports on a dedicated website and forward them to the European Parliament and to the Council.
Amendment 135
Proposal for a regulation
Article 27 – paragraph 2 – point a
(a)  the progress in the implementation of the programme and in achieving the milestones and targets, taking into account the latest data as required by Article 37 of Regulation (EU) No …/… [CPR];
(a)  the progress in the implementation of the programme and in achieving the milestones and targets, taking into account the latest cumulative data transmitted to the Commission;
Amendment 136
Proposal for a regulation
Article 27 – paragraph 2 – point a a (new)
(aa)  a breakdown of the annual accounts of the national programme into recoveries, pre-financing to final beneficiaries and expenditure actually incurred;
Amendment 137
Proposal for a regulation
Article 27 – paragraph 2 – point b
(b)  any issues affecting the performance of the programme and the actions taken to address them;
(b)  any issues affecting the performance of the programme and the actions taken to address them, including reasoned opinions issued by the Commission in respect of an infringement procedure under Article 258 TFEU;
Amendment 138
Proposal for a regulation
Article 27 – paragraph 2 – point c
(c)  the complementarity between the actions supported by the instrument and support provided by other Union Funds, in particular those in or in relation to third countries;
(c)  the complementarity, coordination and coherence between the actions supported by the instrument and support provided by other Union Funds, in particular the external financing instruments of the Union and others providing funding in or in relation to third countries;
Amendment 139
Proposal for a regulation
Article 27 – paragraph 2 – point d a (new)
(da)  compliance with fundamental rights requirements;
Amendment 140
Proposal for a regulation
Article 27 – paragraph 2 – point f a (new)
(fa)  the implementation of projects in, or in relation to a third country.
Amendment 141
Proposal for a regulation
Article 27 – paragraph 3
3.  The Commission may make observations on the annual performance report within two months of the date of its receipt. Where the Commission does not provide observations within that deadline, the reports shall be deemed to have been accepted.
3.  The Commission may make observations on the annual performance report within two months of the date of its receipt. Where the Commission does not provide observations within that deadline, the reports shall be deemed to have been accepted. Once accepted, the Commission shall make summaries of annual performance reports available to the European Parliament and to the Council and shall publish those summaries of the annual performance reports on a dedicated website.
Amendment 142
Proposal for a regulation
Article 28
Article 28
deleted
Monitoring and reporting
1.  Monitoring and reporting in accordance with Title IV of Regulation (EU) No …/… [CPR] shall be based on the types of intervention set out in Tables 1, 2 and 3 in Annex VI. To address unforeseen or new circumstances or to ensure the effective implementation of the funding, the Commission shall be empowered to adopt delegated acts to amend Annex VI in accordance with Article 29.
2.  The common indicators shall be used in accordance with Articles 12(1), 17 and 37 of Regulation (EU) No …/… [CPR].
Amendment 143
Proposal for a regulation
Article 29 – paragraph 2
2.  The power to adopt delegated acts referred to in Articles 12, 15, 25 and 28 shall be conferred on the Commission until 31 December 2028.
2.  The power to adopt delegated acts referred to in Articles 8, 12, 15, 25 and 28 shall be conferred on the Commission until 31 December 2028.
Amendment 144
Proposal for a regulation
Article 29 – paragraph 3
3.  The European Parliament or the Council may revoke the delegation of powers referred to in Articles 12, 15, 25 and 28 at any time. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
3.  The European Parliament or the Council may revoke the delegation of powers referred to in Articles 8, 12, 15, 25 and 28 at any time. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 145
Proposal for a regulation
Article 29 – paragraph 6
6.  A delegated act adopted pursuant to Articles 12, 15, 25 and 28 shall enter into force only if neither the European Parliament nor the Council has expressed an objection within two months of being notified of it if, before the expiry of that period, they have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
6.  A delegated act adopted pursuant to Articles 8, 12, 15, 25 and 28 shall enter into force only if neither the European Parliament nor the Council has expressed an objection within two months of being notified of it if, before the expiry of that period, they have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 146
Proposal for a regulation
Article 30 – paragraph 3
3.  Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act. This shall not apply to the implementing act referred to in Article 27(4).
deleted
Amendment 147
Proposal for a regulation
Annex I – point 6
6.  For the purpose of the distribution of resources under paragraph 1(c), ‘external sea borders’ shall mean the outer limit of the territorial sea of the Member States as defined in accordance with Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in order to prevent illegal immigration or illegal entry, this shall be the outer limit of high threat areas. The definition of ‘external maritime borders’ in this regard shall be determined by taking into account the operational data over the past two years as provided by the Member States concerned. This definition shall be used exclusively for the purpose of this Regulation.
6.  For the purpose of the distribution of resources under paragraph 1(c), ‘external sea borders’ shall mean the outer limit of the territorial sea of the Member States as defined in accordance with Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in order to prevent irregular immigration or entry, this shall be the outer limit of high threat areas. The definition of ‘external maritime borders’ in this regard shall be determined by taking into account the operational data over the past two years as provided by the Member States concerned. This definition shall be used exclusively for the purpose of this Regulation.
Amendment 148
Proposal for a regulation
Annex I – point 7 – point a – point 1
(1)  70 % for the number of crossings of the external border at authorised border crossing points;
(1)  60 % for the number of crossings of the external border at authorised border crossing points;
Amendment 149
Proposal for a regulation
Annex I – point 7 – point a – point 2
(2)  30% for the number of third-country nationals refused entry at the external border.
(2)  20% for the number of third-country nationals refused entry at the external border.
Amendment 150
Proposal for a regulation
Annex I – point 7 – point a – point 2 a (new)
(2a)  20 % for the number of persons having submitted an application for international protection or having been included in such an application as a family member and having had their applications processed under the border procedure referred to in Article 43 of Directive 2013/32/EU of the European Parliament and of the Council1a.
__________________
1a Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60).
Amendment 151
Proposal for a regulation
Annex I – point 8 – paragraph 1
Where Member States have not provided the statistics concerned, the latest available data for those Member States shall be used. Where there is no data available for a Member State, the reference figure shall be zero.
Where Member States have not provided the statistics concerned, the latest available data for those Member States shall be used. Where there is no data available for a Member State, or a Member States fails to provide such information in two consecutive years, the reference figure shall be zero.
Amendment 152
Proposal for a regulation
Annex I – point 9 – point d
(d)  Where Member States have not provided the statistics concerned, the latest available data for those Member States shall be used. Where there is no data available for a Member State, the reference figure shall be zero.
(d)  Where Member States have not provided the statistics concerned, the latest available data for those Member States shall be used. Where there is no data available for a Member State, or a Member State fails to provide such information in two consecutive years, the reference figure shall be zero.
Amendment 153
Proposal for a regulation
Annex I – point 10
10.  The European Border and Coast Guard Agency shall provide the Commission with a report on the breakdown of resources as regards external land borders, external sea borders and airports, as referred to in paragraph 1(c).
10.  The European Border and Coast Guard Agency shall provide the Commission with a report on the breakdown of resources as regards external land borders, external sea borders and airports, as referred to in paragraph 1(c). The Commission shall make the report publicly available.
Amendment 154
Proposal for a regulation
Annex I – point 11 – introductory part
11.  For the purposes of the initial allocation, the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months on the date of the applicability of this Regulation. For the purposes of the mid-term review, the report referred to in paragraph 10 shall identify the average level of threat of each border section based on the latest average figures covering the preceding 36 months available at the time of the mid-term review in 2024. It shall determine the following specific weighting factors per section applying the threat levels as defined in Regulation (EU) No 1052/2013:
11.  For the purposes of the initial allocation, the report referred to in paragraph 10 shall identify the average impact level on each border section based on the latest average figures covering the preceding 36 months on the date of the applicability of this Regulation. For the purposes of the mid-term review, the report referred to in paragraph 10 shall identify the average impact level on each border section based on the latest average figures covering the preceding 36 months available at the time of the mid-term review in 2024. It shall determine the following specific weighting factors per section applying the impact levels as defined in Regulation (EU) No 1052/2013:
Amendment 155
Proposal for a regulation
Annex I – point 11 – point a
(a)  factor 0.5 for low threat;
(a)  factor 0.5 for low impact level;
Amendment 156
Proposal for a regulation
Annex I – point 11 – point b
(b)  factor 3 for medium threat;
(b)  factor 3 for medium impact level;
Amendment 157
Proposal for a regulation
Annex I – point 11 – point c
(c)  factor 5 for high threat;
(c)  factor 5 for high impact level;
Amendment 158
Proposal for a regulation
Annex I – point 11 – point d
(d)  factor 8 for critical threat.
deleted
Amendment 159
Proposal for a regulation
Annex II – point 1 – point a – point i
i.  reinforcing the capacities for carrying out checks and surveillance at the external borders, including measures to prevent and detect cross-border crime, such as migrant smuggling, trafficking in human beings and terrorism;
i.  reinforcing the capacities for carrying out checks and surveillance at the external borders, including measures to facilitate legitimate border crossings and, where appropriate, measures related to the prevention and detection of cross-border crime, such as migrant smuggling, trafficking in human beings and terrorism, and measures related to the referral of persons who are in need of, or wish to apply for, international protection;
Amendment 160
Proposal for a regulation
Annex II – point 1 – point a – point ii
ii.  supporting search and rescue in the context of carrying out border surveillance at sea;
deleted
Amendment 161
Proposal for a regulation
Annex II – point 1 – point a – point iii
iii.  implementing technical and operational measures within the Schengen area which are related to border control;
iii.  implementing technical and operational measures within the Schengen area which are related to border control, provided that such measures do not present a risk to free movement;
Amendment 162
Proposal for a regulation
Annex II – point 1 – point a – point v
v.  supporting, within the scope of this Regulation, Member States facing existing or potential disproportionate migratory pressure at the EU’s external borders, including through technical and operational reinforcement, as well as by deploying migration management support teams in hotspot areas.
v.  supporting, within the scope of this Regulation, Member States facing an emergency situation referred to in Article 23, including through technical and operational reinforcement, as well as by deploying migration management support teams in hotspot areas.
Amendment 163
Proposal for a regulation
Annex II – point 1 – point b
(b)  further developing the European Border and Coast Guard, through common capacity-building, joint procurement, establishment of common standards and any other measures streamlining the cooperation and coordination between the Member States and the European Border and Coast Guard Agency;
(b)  developing common capacity building, joint procurement, establishment of common standards and any other measures streamlining the cooperation and coordination among Member States with a view to the further development of the European Border and Coast Guard;
Amendment 164
Proposal for a regulation
Annex II – point 1 – point c
(c)  enhancing inter-agency cooperation at national level among the national authorities responsible for border control or for tasks carried out at the border, and at EU level between the Member States, or between the Member States, on the one hand, and the relevant Union bodies, offices and agencies or third countries, on the other;
(c)  enhancing inter-agency cooperation at national level among the national authorities responsible for border control or for tasks carried out at the border, and at EU level between the Member States, or between the Member States, on the one hand, and the relevant Union bodies, offices or agencies, including agencies responsible for external actions, on the other;
Amendment 165
Proposal for a regulation
Annex II – point 1 – point e
(e)  setting up, operating and maintaining large-scale IT systems in the area of border management, including the interoperability of these IT systems and their communication infrastructure.
(e)  setting up, operating and maintaining those large-scale IT systems already the subject of Union law in the area of border management, including the interoperability of these IT systems and their communication infrastructure, and actions to enhance data quality and the provision of information.
Amendment 166
Proposal for a regulation
Annex II – point 1 – point e a (new)
(ea)  increasing capacity to render assistance to persons in distress at sea, in particular supporting search and rescue operations;
Amendment 167
Proposal for a regulation
Annex II – point 1 – point e b (new)
(eb)  supporting search and rescue in the context of carrying out border surveillance at sea;
Amendment 168
Proposal for a regulation
Annex II – point 2 – point a
(a)  providing efficient and client-friendly services to visa applicants while maintaining the security and integrity of the visa procedure;
(a)  providing efficient and client friendly services to visa applicants while maintaining the security and integrity of the visa procedure, with particular regard to vulnerable persons and children;
Amendment 169
Proposal for a regulation
Annex II – point 2 – point a a (new)
(aa)  supporting Member States in issuing visas, including visas with limited territorial validity issued on humanitarian grounds, for reasons of national interest or because of international obligations as well as for beneficiaries of a Union resettlement or relocation programme, and in complying, in full, with the Union acquis on visas;
Amendment 170
Proposal for a regulation
Annex II – point 2 – point d
(d)  setting up, operating and maintaining large-scale IT systems in the area of the common policy on visas, including the interoperability between these IT systems and their communication infrastructure.
(d)  updating, operating and maintaining large-scale IT systems in the area of the common policy on visas, including the interoperability between these IT systems and their communication infrastructure.
Amendment 171
Proposal for a regulation
Annex III – point 1 – point a
(a)  infrastructures, buildings, systems and services required at border crossing points, in hotspot areas and for border surveillance between border crossing points to prevent and tackle unauthorised border crossings, illegal immigration and cross-border crime at the external borders, as well as to guarantee the smooth flows of legitimate travellers;
(a)  infrastructures, buildings, systems and services required at border crossing points, in hotspot areas and for border surveillance between border crossing points to prevent and tackle unauthorised border crossings, irregular immigration and cross-border crime at the external borders, as well as to guarantee the smooth flows of legitimate travellers and the effective management of migration flows, including measures related to the referral of persons who are in need of, or wish to apply for, international protection while always ensuring a dignified treatment of the persons concerned;
Amendment 172
Proposal for a regulation
Annex III – point 1 – point c
(c)  training in the field of or contributing to the development of European integrated border management, taking into account operational needs and risk analysis and in full compliance with fundamental rights;
(c)  training in the field of or contributing to the development of European integrated border management, taking into account operational needs, risk analysis and challenges identified in country-specific recommendations all in full compliance with fundamental rights;
Amendment 173
Proposal for a regulation
Annex III – point 1 – point d
(d)  secondment of joint liaison officers to third countries as defined in Regulation (EU) No …/ … [new ILO Regulation] and secondment of border guards and other relevant experts to Member States or from a Member State to a third country, reinforcement of cooperation and operational capacity of networks of experts or liaison officers, as well as exchange of best practices and boosting the capacity of European networks to assess, promote, support and develop Union policies;;
(d)  secondment of joint liaison officers to third countries and secondment of border guards and other relevant experts to Member States or from a Member State to a third country, reinforcement of cooperation and operational capacity of networks of experts or liaison officers, as well as exchange of best practices and boosting the capacity of European networks to assess, promote, support and develop Union policies;;
Amendment 174
Proposal for a regulation
Annex III – point 1 – point e
(e)  studies, pilot projects and other relevant actions aiming to implement or develop European integrated border management, including measures aiming at the development of the European Border and Coast Guard, such as common capacity-building, joint procurement, establishment of common standards and other measures streamlining the cooperation and coordination between the European Border and Coast Guard Agency and Member States;
(e)  studies, pilot projects and other relevant actions aiming to implement or develop European integrated border management, including measures aiming at the development of the European Border and Coast Guard, such as common capacity building, joint procurement, establishment of common standards and other measures streamlining the cooperation and coordination between the European Border and Coast Guard Agency and Member States, as well as measures related to the referral of persons who are in need of, or wish to apply for, international protection;
Amendment 175
Proposal for a regulation
Annex III – point 1 – point f
(f)  actions developing innovative methods or deploying new technologies with a potential for transferability to other Member States, in particular deploying the results of security research projects where such deployment has been identified by the European Border and Coast Guard Agency, acting under Article 37 of Regulation (EU) 2016/1624, as contributing to the development of operational capabilities of the European Border and Coast Guard;
(f)  actions developing innovative methods or deploying new technologies with a potential for transferability to other Member States, in particular deploying the results of security research projects where such deployment has been identified by the European Border and Coast Guard Agency, acting under Article 37 of Regulation (EU) 2016/1624, as contributing to the development of operational capabilities of the European Border and Coast Guard. Innovative methods and new technologies of this type shall be fully in accordance with fundamental rights and the right to protection of personal data;
Amendment 176
Proposal for a regulation
Annex III – point 1 – point g
(g)  preparatory, monitoring, administrative and technical activities, required to implement external border policies, including to strengthen the governance of the Schengen area by developing and implementing the evaluation mechanism as established by Regulation (EU) No 1053/2013 to verify the application of the Schengen acquis and the Schengen Borders Code, including mission expenditure for experts of the Commission and the Member States participating in on-site visits as well as measures to implement recommendations issued following vulnerability assessments carried out by the European Border and Coast Guard Agency in line with Regulation (EU) 2016/1624;
(g)  preparatory steps, monitoring, administrative and technical activities, required to implement external border policies, including to strengthen the governance of the Schengen area by developing and implementing the evaluation mechanism as established by Regulation (EU) No 1053/2013 to verify the application of the Schengen acquis and the Schengen Borders Code, including mission expenditure for experts of the Commission and the Member States participating in on-site visits as well as measures to implement recommendations issued following vulnerability assessments carried out by the European Border and Coast Guard Agency in line with Regulation (EU) 2016/1624;
Amendment 208
Proposal for a regulation
Annex III – point 1 – point g a (new)
(ga)   actions to enhance the quality of data stored in IT systems in the field of visa and borders and improve the exercise of a data subject's right to information, access to, rectification, erasure and restriction of data processing in the context of actions falling within the scope of this instrument;
Amendment 177
Proposal for a regulation
Annex III – point 1 – point h
(h)  identification, fingerprinting, registration, security checks, debriefing, provision of information, medical and vulnerability screening and, where necessary, medical care as well as referral of third country nationals to the appropriate procedure at the external borders, in particular in hotspot areas;
(h)  identification, fingerprinting, registration, security checks, debriefing, provision of information, medical and vulnerability screening and, where necessary, medical care as well as referral, where applicable, of third country nationals to the appropriate asylum procedure at the external borders;
Amendment 178
Proposal for a regulation
Annex III – point 1 – point j
(j)  development of statistical tools, methods and indicators;
(j)  development of statistical tools, methods and indicators with due regard for the principle of non-discrimination;
Amendment 179
Proposal for a regulation
Annex III – point 1 – point k a (new)
(ka)  the exchange of best practices and expertise, including with regard to the protection of fundamental rights in the context of the different components of border control and, in particular with regards to the identification, immediate assistance and referral to protection services of vulnerable persons;
Amendment 180
Proposal for a regulation
Annex III – point 1 – point k b (new)
(kb)  measures for the development, monitoring and evaluation of policies and procedures, including the application of common statistical tools, methods and indicators for measuring progress and assessing policy developments.
Amendment 181
Proposal for a regulation
Annex III – point 2 – point c
(c)  training of consular and other staff contributing to the common visa policy and consular cooperation;
(c)  training of consular and other staff contributing to the common visa policy and consular cooperation, including, where appropriate, compliance with fundamental rights;
Amendment 182
Proposal for a regulation
Annex III – point 2 – point d
(d)  the exchange of best practices and experts, including the secondment of experts, as well as boosting the capacity of European networks to assess, promote, support and further develop Union policies and objectives;
(d)  the exchange of best practices and experts, including the secondment of experts, as well as boosting the capacity of European networks to assess, promote, support and further develop Union policies and objectives, including for the purpose of protecting fundamental rights as regards the identification, the provision of immediate assistance to, and the referral to protection services of, vulnerable persons;
Amendment 183
Proposal for a regulation
Annex III – point 2 – point g
(g)  preparatory, monitoring, administrative and technical activities, including to strengthen the governance of the Schengen area by developing and implementing the evaluation mechanism as established by Regulation (EU) No 1053/2013 to verify the application of the Schengen acquis, including mission expenditure for experts of the Commission and the Member States participating in on-site visits;
(g)  preparatory steps, monitoring, administrative and technical activities, including those intended to strengthen the governance of the Schengen area by developing and implementing the evaluation mechanism as established by Regulation (EU) No 1053/2013 to verify the application of the Schengen acquis, including mission expenditure for experts of the Commission and the Member States participating in on-site visits;
Amendment 184
Proposal for a regulation
Annex III – point 2 – point i
(i)  development of statistical tools, methods and indicators;
(i)  development of statistical tools, methods and indicators, observing the principle of non-discrimination and the right to protection of personal data;
Amendment 185
Proposal for a regulation
Annex III – point 2 – point j
(j)  operating support for the implementation of the common visa policy.
(j)  operating support for the implementation of the common visa policy with due regard for the principle of non-discrimination;
Amendment 186
Proposal for a regulation
Annex III – point 2 – point j a (new)
(ja)  supporting Member States in issuing visas, including visas with limited territorial validity issued on humanitarian grounds, for reasons of national interest or because of international obligations as well as for beneficiaries of a Union resettlement or relocation programme, and in complying, in full, with the Union acquis on visas.
Amendment 187
Proposal for a regulation
Annex III – point 3 – point g
(g)  development of statistical tools, methods and indicators for large-scale IT systems in the field of visa and borders;
(g)  development of statistical tools, methods and indicators for large-scale IT systems in the field of visa and borders, observing the principle of non-discrimination and the right to protection of personal data;
Amendment 188
Proposal for a regulation
Annex III – point 3 – point g a (new)
(ga)  actions to enhance data quality and the exercise of a data subject's right to information, access to, rectification, erasure and restriction of processing of his or her personal data.
Amendment 189
Proposal for a regulation
Annex IV – point 3
(3)  Further development of the European Border and Coast Guard, through common capacity building, joint procurement, establishment of common standards and any other measures streamlining the cooperation and coordination between the Member States and the European Border and Coast Guard Agency, as outlined in paragraph 1(b) of Annex II.
(3)  Developing common capacity building, joint procurement, establishment of common standards and any other measures streamlining the cooperation and coordination among Member States with a view to the further development of the European Border and Coast Guard.
Amendment 190
Proposal for a regulation
Annex IV – point 5
(5)  Measures enhancing the identification of victims of trafficking in human beings and enhancing cross-border cooperation for detecting traffickers in the framework of border control.
(5)  Measures enhancing the identification and support of victims of trafficking in human beings and enhancing cross-border cooperation for detecting traffickers in the framework of border control, including by developing and supporting protection and referral mechanisms.
Amendment 191
Proposal for a regulation
Annex IV – point 5 a (new)
(5a)  Developing integrated child protection systems at the external borders and policies for children in migration generally, including through sufficient training of staff and exchange of good practice among Member States.
Amendment 209
Proposal for a regulation
Annex IV – point 6
(6)  Measures deploying, transferring, testing and validating new methodology or technology, including pilot projects and follow-up measures to Union-funded security research projects, as referred to in Annex III.
(6)  Measures deploying, transferring, testing and validating new methodology or technology to enhance the quality of data stored in IT systems in the field of visa and borders and to improve the exercise of a data subject's right to information, access to, rectification, erasure and restriction of data processing in the context of actions falling within the scope of this instrument.
Amendment 193
Proposal for a regulation
Annex IV – point 6 a (new)
(6a)  Measures targeting the identification, immediate assistance and referral to protection services of vulnerable persons.
Amendment 194
Proposal for a regulation
Annex V – point a – introductory part
(a)  Specific objective 1: Supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegal immigration and cross-border crime and to effectively manage migratory flows:
(a)  Specific objective 1: Supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect irregular immigration and cross-border crime and to effectively manage migratory flows:
Amendment 195
Proposal for a regulation
Annex V – point a – point 2 a (new)
(2a)  Number of persons who have applied for international protection at the border crossing points
Data source: Member States
Amendment 196
Proposal for a regulation
Annex V – point a – point 2 b (new)
(2b)  Number of persons refused entry
Data source: Member States
Amendment 197
Proposal for a regulation
Annex V – point b – introductory part
(b)  Specific objective 2: Supporting the common visa policy to facilitate legitimate travel and prevent migratory and security risks:
(b)  Specific objective 2: Supporting the common visa policy to ensure a more harmonised approach among the Member States with regard to the issuance of visas and to facilitate legitimate travel and mitigate security risks.
Amendment 198
Proposal for a regulation
Annex V – point b – point 1 a (new)
(1a)  Number of persons who have applied for international protection at Member States' consulates
Data source: Member States
Amendment 199
Proposal for a regulation
Annex VI – table 1 – Codes for the Intervention Field Dimention – Section 1 – row 11 a (new)
Measures related to the identification and referral of vulnerable persons
Amendment 200
Proposal for a regulation
Annex VI – table 1 – Codes for the Intervention Field Dimention – Section 1 – row 11 b (new)
Measures related to the identification and referral of persons who are in need of, or wish to apply for, international protection
Amendment 201
Proposal for a regulation
Annex VI – table 1 – Codes for the Intervention Field Dimention – Section 2 – row 10 a (new)
Issuance of humanitarian visas
Amendment 202
Proposal for a regulation
Annex VI – table 1 – Codes for the Intervention Field Dimention – Section 3 – row 003 a (new)
Data quality and data subjects’ rights to information, access to, rectification, erasure and restriction of processing of their personal data
Amendment 203
Proposal for a regulation
Annex VII – point a – point 3
(3)  service costs, including at hotspot areas within the scope of this Regulation;
(3)  service costs within the scope of this Regulation;
Amendment 204
Proposal for a regulation
Annex VIII – point a – introductory part
(a)  Specific objective 1: Supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegal immigration and cross-border crime and to effectively manage migratory flows;
(a)  Specific objective 1: Supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect irregular immigration and cross-border crime and to effectively manage migratory flows;
Amendment 205
Proposal for a regulation
Annex VIII – point b – introductory part
(b)  Specific objective 2: Supporting the common visa policy to facilitate legitimate travel and prevent migratory and security risks:
(b)  Specific objective 2: Supporting the common visa policy to ensure a more harmonised approach among the Member States with regard to the issuance of visas and to facilitate legitimate travel and mitigate security risks:

(1) Not yet published in the Official Journal.

Last updated: 19 March 2019Legal notice