Procedure : 2011/0427(COD)
Document stages in plenary
Document selected : A7-0232/2013

Texts tabled :

A7-0232/2013

Debates :

PV 09/10/2013 - 18
CRE 09/10/2013 - 18

Votes :

PV 10/10/2013 - 9.2

Texts adopted :

P7_TA(2013)0416

REPORT     ***I
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24 June 2013
PE 491.337v03-00 A7-0232/2013

on the proposal for a regulation of the European Parliament and of the Council Establishing the European Border Surveillance System (EUROSUR)

(COM(2011)0873 – C7-0506/2011 – 2011/0427(COD))

Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Jan Mulder

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Budgets
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council Establishing the European Border Surveillance System (EUROSUR)

(COM(2011)0873 – C7-0506/2011 – 2011/0427(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2011)0873),

–   having regard to Article 294(2) and Article 77(2)(d) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0506/2011),

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

–   having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A7-0232/2013),

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

2.  Approves its statement annexed to this resolution;

3.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

AMENDMENTS BY THE EUROPEAN PARLIAMENT(1)*

to the Commission proposal

on the proposal for a regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR)

---------------------------------------------------------

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of

Establishing the European Border Surveillance System (EUROSUR)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(d) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)         The establishment of a European Border Surveillance System (hereinafter referred to as 'EUROSUR') is necessary in order to strengthen the information exchange and operational cooperation between national authorities of Member States as well as with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Council Regulation (EC) No 2007/2004 ▌(2)1, hereinafter referred to as (‘the Agency’). EUROSUR provides these authorities and the Agency with the infrastructure and tools needed to improve their situational awareness and reaction capability at the external borders of the Member States of the European Union for the purpose of detecting, preventing and combating illegal immigration and cross-border crime and contributing to ensuring the protection and saving the lives of migrants ▌.

(1a)       The practice of travelling in small and unseaworthy vessels has dramatically increased the number of migrants drowning at the southern maritime external borders. EUROSUR should considerably improve the operational and technical ability of the Agency and Member States to detect these small vessels and to improve the reaction capability of the Member States thereby contributing to reduce the loss of lives of migrants.

(2)         Member States should establish national coordination centres ▌to improve the cooperation and information exchange for border surveillance between them and with the Agency. It is essential for the proper functioning of EUROSUR that all national authorities with a responsibility for external border surveillance under national law cooperate via national coordination centres.

(3)         This Regulation should not hinder Member States from making their national coordination centres also responsible for coordinating the information exchange and cooperation with regard to the surveillance of air borders and for checks at border crossing points.

(3a)       This Regulation requires that the Agency improves the cooperation and information exchange with other Union bodies, offices and agencies, such as the European Maritime Safety Agency and the EU Satellite Centre, in order to make best use of existing information, capabilities and systems which are already available at European level such as the European Earth Observation Programme.

(4)         This Regulation forms part of the European model of integrated border management of the external borders and of the Internal Security Strategy of the European Union. EUROSUR also contributes to the development of the Common Information Sharing Environment for the surveillance of the EU maritime domain (CISE), providing a wider framework for maritime situational awareness through information exchange amongst public authorities across sectors in the Union.

(4a)       In order to ensure that the information contained in EUROSUR is as complete and updated as possible, notably as regards the situation in third countries, the Agency should cooperate with the European External Action Service. For those purposes, European Union delegations and offices should provide all information which may be relevant for EUROSUR.

(5)          The Agency should provide the necessary assistance to the development and operation of EUROSUR and, as appropriate, to the development of CISE, including interoperability of systems, notably through establishing, maintaining and coordinating the EUROSUR framework.

(5a)       The Agency should be provided with the appropriate financial and human resources in order to adequately fulfil the additional tasks assigned to it under this Regulation.

(6)         This Regulation respects the fundamental rights and observes the principles recognised by Articles 2 and 6 of the Treaty on European Union and the Charter of Fundamental Rights of the European Union, notably the right to life, human dignity, prohibition of torture and inhuman or degrading treatment or punishment, prohibition of trafficking in human beings, the right to liberty and security, right to the protection of personal data, right of access to documents, right to asylum, and protection in cases of removal and expulsion, non-refoulement, non-discrimination and the rights of the child. This Regulation should be applied by Member States and the Agency in accordance with these rights and principles.

(6a)       In accordance with Article 26a(4) of Regulation (EC) No 2007/2004, the Fundamental Rights Officer and the Consultative Forum should have access to all information concerning respect for fundamental rights in relation to all the activities of the Agency within the framework of Eurosur.

(6b)       This Regulation recognises that migratory routes are also taken by persons in need of international protection.

(7)         Any exchange of personal data in the European situational picture and the common pre-frontier intelligence picture should remain an exception. It should be conducted on the basis of existing national and Union legal provisions and should respect their specific data protection requirements. The Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(3) and ▌the Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters(4) are applicable in cases in which more specific instruments, such as Regulation (EC) No 2007/2004, do not provide a full data protection regime.

(8)         Since the objective of this Regulation, namely the establishment of EUROSUR cannot be sufficiently achieved by Member States alone and can therefore, by virtue of the scale and impact of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty of the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.

(9)         In order to implement a gradual geographical roll-out of EUROSUR, the obligation to designate and operate national coordination centres should apply in two successive stages, first to the Member States located at the southern ▌and ▌ eastern ▌external borders of the Member States and, at a second stage to the remaining Member States ▌.

(9a)       This Regulation includes provisions on the cooperation with neighbouring third countries, because a well-structured and permanent cooperation and information exchange with these countries, in particular in the Mediterranean region, is a key factor for achieving the objectives of EUROSUR. It is essential that any cooperation and information exchange between Member States and neighbouring third countries be carried out in full compliance with fundamental rights and notably the principle of non-refoulement.

(9b)       This Regulation includes provisions on the possibility of close cooperation with Ireland and the United Kingdom which may assist in better achieving the objectives of EUROSUR.

(9c)       The Agency and the Member States, when implementing this Regulation, should make the best possible use of existing capabilities in terms of human resources as well as technical equipment, both at Union and national level.

(9d)       The Commission should regularly assess the results of the implementation of this Regulation to determine the extent to which the objectives of EUROSUR have been achieved.

(10)       In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, ▌annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is ▌not bound by it or subject to its application ▌. Given that this Regulation builds upon the Schengen acquis, ▌Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.

(11)       This Regulation constitutes a development of the provisions of the Schengen acquis ▌ in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis(5) , the United Kingdom is therefore not taking part in its adoption ▌and is not bound by it or subject to its application ▌.

(12)       This Regulation constitutes a development of the provisions of the Schengen acquis ▌ in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis(6), Ireland is therefore not taking part in its adoption ▌and is not bound by it or subject to its application ▌.

(13)       As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis, within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter's' association ▌ with the implementation, application and development of the Schengen acquis(7) which fall within the area referred to in point A of Article 1 of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement. As regards Norway, Article 5(1) should apply as from 2 December 2013.

(14)       As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis(8) which fall within the area referred to in point A of Article 1 of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC(9).

(15)       As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis(10) which fall within the area referred to in point A of Article 1 of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU(11).

(16)       The implementation of this Regulation does not affect the division of competence between the Union and the Member States nor the obligations of Member States under the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the United Nations Convention against Transnational Organised Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the Convention relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms and other relevant international instruments.

(17)       The implementation of this Regulation does not affect the Schengen Borders Code nor the rules for the surveillance of sea external borders in the context of operational cooperation coordinated by the Agency ▌ .

HAVE ADOPTED THIS REGULATION:

TITLE IGENERAL PROVISIONS

Article 1Subject- matter

This Regulation establishes a common framework for the exchange of information and cooperation between Member States and the Agency in order to improve the situational awareness and to increase the reaction capability at the external borders of the Member States ▌of the European Union, hereinafter referred to as "EUROSUR", for the purpose of detecting, preventing and combating illegal immigration and cross-border crime and contributing to ensuring the protection and saving the lives of migrants.

Article 2Scope

1.          This Regulation shall apply to the surveillance of land and sea external borders of the Member States, including ▌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 and contributing to ensuring the protection and saving the lives of migrants.

1a.        This Regulation may also apply to the surveillance of air borders as well as to checks at border crossing points if Member States voluntarily provide such information to EUROSUR.

2.          This Regulation shall not apply to any legal or administrative measures taken once the responsible authorities of a Member State have intercepted cross-border criminal activities or unauthorised crossings by persons of the external borders.

3.          Member States and the Agency shall comply with fundamental rights, including the principles of non-refoulement and human dignity and data protection requirements, when applying this Regulation. They shall give priority to the special needs of children, unaccompanied minors, victims of trafficking, persons in need of urgent medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.

Article 3Definitions

For the purposes of this Regulation, the following definitions shall apply:

(-a)        "Agency" means the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Regulation 2007/2004;

(a)         'situational awareness' means the ability to monitor, detect, identify, track and understand illegal cross-border activities in order to find reasoned grounds for reaction measures on the basis of combining new information with existing knowledge, and to be better able to reduce loss of lives of migrants at, along or in the proximity of the external borders;

(b)         'reaction capability' means the ability to perform actions aimed at countering illegal cross-border activities at, along or in the proximity of the external borders of the Member States , including the means and timelines to react adequately ▌;

(c)         'situational picture' means a graphical interface to present near real-time data and information ▌ received from different authorities, sensors, platforms and other sources, which is shared across communication and information channels with other authorities in order to achieve situational awareness and support the reaction capability along the external borders of the Member States and the pre-frontier area;

(d)         'cross-border crime' means any serious ▌crime with a cross-border dimension committed at, along or in the proximity of the external borders of the Member States ▌;

(e)         'external border section' means the whole or a part of the external land or sea border of a Member State as defined by national legislation or as determined by the national coordination centre or any other responsible national authority;

(f)          'pre-frontier area' means the geographical area beyond the external borders of the Member States ▌.

(fa)        'crisis situations' means any natural or man-made disasters, accidents, humanitarian or political crisis or any other serious situation occurring at, along or in the proximity of the external borders of the Member States, which may have a significant impact on the control of the external borders.

(fb)        'incident' means a situation relating to illegal immigration, cross-border crime or a risk for the lives of migrants at, along or in the proximity of the external borders of Member States.

TITLE IIFRAMEWORK

CHAPTER IComponents

Article 4EUROSUR framework

1.          For the exchange of information and cooperation in the field of border surveillance and, taking into account existing information exchange and cooperation mechanisms, Member States and the Agency shall use the EUROSUR framework ▌, consisting of the following components:

(a)    national coordination centres ▌;

(b)    national situational pictures;

(c)    communication network;

(d)    European situational picture;

(e)    common pre-frontier intelligence picture;

(f)     common application of surveillance tools.

2.          The national coordination centres shall provide the Agency via the communication network with ▌information from their national situational pictures which is required for the establishment and maintenance of the European situational picture and of the common pre-frontier intelligence picture.

3.          The Agency shall give the national coordination centres via the communication network unlimited access to the European situational picture and to the common pre-frontier intelligence picture.

4.          The components listed in paragraph 1 shall be established and maintained in line with the principles outlined in the annex.

Article 5National Coordination Centre

1.          Each Member State ▌shall designate, operate and maintain a national coordination centre ▌, which shall coordinate and exchange information between all authorities with a responsibility for external border surveillance at national level as well as with the other national coordination centres and the Agency. The Member State shall notify the establishment of the centre to the Commission, which shall forthwith inform the other Member States and the Agency.

2.          Without prejudice to Article 16 and within the framework of EUROSUR, the national coordination centre shall be the single point of contact for the exchange of information and cooperation with other national coordination centres and with the Agency ▌.

3.          The national coordination centre shall:

(a)    ensure the timely information exchange and cooperation between all national authorities with a responsibility for external border surveillance ▌ as well as with other national coordination centres and the Agency;

(aa)  ensure the timely information exchange with search and rescue, law enforcement, asylum and immigration authorities at national level;

(b)    contribute to an effective and efficient management of resources and personnel;

(c)    establish and maintain the national situational picture in accordance with Article 9;

(d)    support the planning and implementation of ▌national border surveillance activities;

(e)    coordinate the national border surveillance system, ▌in accordance with national law;

(f)     contribute to regularly measuring the effects of national border surveillance activities for the purposes of this Regulation;

(g)    coordinate operational measures with other Member States, without prejudice to the competences of the Agency and of Member States.

4.          The national coordination centre shall operate twenty-four hours a day and seven days a week.

Article 6The Agency

1.          The Agency shall

(a)     establish and maintain the communication network for EUROSUR in accordance with Article 7;

(b)    establish and maintain the European situational picture in accordance with Article 10;

(c)    establish and maintain the common pre-frontier intelligence picture in accordance with Article 11;

(d)    coordinate the common application of surveillance tools in accordance with Article 12.

2.          For the purposes of paragraph 1, the Agency shall operate twenty four hours a day and seven days a week.

Article 7Communication network

1.          The Agency shall establish and maintain a communication network in order to provide communications and analytical tools and allow for the ▌exchange of non-classified sensitive and classified information in a secured manner and in near-real time with and between the national coordination centres. The network shall be operational twenty four hours a day and seven days a week and allow for:

(a)    bilateral and multilateral information exchange in near-real time;

(b)    audio and video conferencing;

(c)    secure handling, storing, transmission and processing of non-classified sensitive information;

(d)    secure handling, storing, transmission and processing of EU classified information up to the level of RESTREINT UE/EU RESTRICTED or equivalent national classification levels, ensuring that classified information is handled in a separate and duly accredited part of the communication network.

2.          The Agency shall provide technical support and ensure that the communication network is interoperable with any other relevant communication and information system managed by the Agency.

3.          The Agency shall exchange, process and store non-classified sensitive and classified information in the communication network in accordance with Article 11d of Regulation (EC) No 2007/2004.

3a.        The national coordination centres shall exchange, process and store non-classified sensitive and classified information in the communication network in compliance with rules and standards which ▌are equivalent to the Commission Decision 2001/844/EC amending its internal Rules of Procedure.

4.          Member States' authorities, agencies and other bodies using the communication network shall ensure that equivalent security rules and standards as those applied by the Agency are complied with for the handling of classified information.

CHAPTER IISituational Awareness

Article 8Situational pictures

1.          The national situational pictures, the European situational picture and the common pre-frontier intelligence picture shall be produced through the collection, evaluation, collation, analysis, interpretation, generation, visualisation and dissemination of information.

2.          The pictures referred to in paragraph 1 shall consist of the following layers:

(a)    an events layer ▌ ;

(b)    an operational layer ▌ ;

(c)    an analysis layer ▌ .

Article 9National Situational Picture

1.          The national coordination centre shall establish and maintain a national situational picture, in order to provide all authorities with responsibilities in the control and in particular surveillance of external borders at national level with effective, accurate and timely information ▌.

2.          The national situational picture shall be composed of information collected from the following sources:

(a)    national border surveillance system ▌ in accordance with national law;

(b)    stationary and mobile sensors operated by national authorities with a responsibility for external border surveillance;

(c)    patrols on border surveillance and other monitoring missions;

(d)    local, regional and other coordination centres;

(e)    other relevant national authorities and systems, including liaison officers, operational centres and contact points;

(f)     the Agency;

(g)    national coordination centres in other Member States ▌;

(ga)  authorities of third countries, on the basis of bilateral or multilateral agreements and regional networks as referred to in Article 18;

(i)     ship reporting systems in accordance with their respective legal bases;

(j)     other relevant European and international organisations;

(k)    other sources.

3.          The events layer of the national situational picture shall consist of the following sub-layers:

(a)    a sub-layer on unauthorised border crossings including information, available to the national coordination centre, on incidents relating to a risk for the of lives of migrants;

(b)    a sub-layer on cross-border crime ▌;

(c)    a sub-layer on crisis situations ▌;

(d)    a sub-layer on other events, which contains information on unidentified and suspect, vehicles, vessels and other craft and persons present at, along or in the proximity of the external borders of the Member State concerned, as well as any other event which may have a significant impact on the control of the external borders;

4.          The national coordination centre shall attribute a single indicative impact level, ranging from 'low' and 'medium' to 'high' impact to each incident in the events layer of the national situational picture . All incidents shall be shared with the Agency.

5.        The operational layer of the national situational picture shall consist of the following sub- layers:

(a)    a sub-layer on own assets, including military assets assisting a law enforcement mission, and operational areas, which contains information on position, ▌status and type of own assets ▌ and on the authorities involved. With regard to military assets assisting a law enforcement mission, the national coordination centre may decide, upon request of the national authority responsible for such assets, to limit the access to such information on a need-to-know basis ▌;

(c)    a sub-layer on environmental information, which contains or gives access to information on terrain and weather conditions at the external borders of the Member State concerned.

5a.        The information on own assets in the operational layer shall be classified as EU RESTRICTED.

6.          The analysis layer of the national situational picture shall consist of the following sub-layers:

(a)    an information sub-layer, which contains key developments and indicators relevant for the purposes of this Regulation;

(b)    an analytical sub-layer, which includes analytical reports, risk rating trends, regional monitors and briefing notes relevant for the purposes of this Regulation;

(c)    an intelligence sub-layer, which contains analysed information relevant for the purposes of this Regulation and, in particular, for the attribution of the impact levels ▌to the external ▌border sections ▌;

(d)    an imagery and geo-data sub-layer, which includes reference imagery, background maps, ▌validation of analysed information and change analysis (earth observation imagery) as well as change detection, geo-referenced data and external border permeability maps.

7.          The information contained in the analysis layer and on environmental information in the operational layer of the national situational picture may be based on the information provided in the European situational picture and in the common pre-frontier intelligence picture.

9.          The national coordination centres of neighbouring Member States shall share with each other directly and in near-real time the situational picture of neighbouring external border sections relating to:

(a)     ▌ incidents ▌and other significant events contained in the events layer;

(d)    tactical risk analysis reports as contained in the analysis layer.

9a.      The national coordination centres of neighbouring Member States may share with each other directly and in near real time the situational picture of neighbouring external border sections relating to the positions, status and type of own assets operating in the neighbouring external border sections as contained in the operational layer.

Article 10European Situational Picture

1.          The Agency shall establish and maintain a European situational picture in order to provide the national coordination centres with effective, accurate and timely information and analysis ▌.

2.          The European Situational Picture shall be composed of information collected from the following sources:

(a)    national situational pictures to the extent required by this Article ▌,

(b)    the Agency;

(ba)  the European Commission, providing strategic information on border control, including shortcomings in the carrying-out of external border control;

(bb)  European Union delegations and offices;

(c)    other relevant Union bodies, offices and agencies and international organisations as referred to in Article 17;

(d)    other sources.

3.          The events layer of the European situational picture shall include information relating to:

(a)    incidents ▌ contained in the events layer of the national situational picture ▌;

(b)    incidents ▌and other events contained in the Common Pre-Frontier Intelligence Picture ▌;

(c)    incidents ▌in the operational area of a joint operation, pilot project or rapid intervention coordinated by the Agency.

4.          In the European situational picture the Agency shall take into account the impact level that was assigned to a specific incident in the national situational picture by the national coordination centre.

5.          The operational layer of the European situational picture shall consist of the following sub-layers:

(a)    a sub-layer on own assets, which contains information on the position, time, ▌status and type of assets participating in the Agency joint operations, pilot projects and rapid interventions or at the disposal of the Agency, and the deployment plan, including the area of operation, patrol schedules and communication codes;

(b)    a sub-layer on operations, which contains information on the joint operations, pilot projects and rapid interventions coordinated by the Agency, including the mission statement, location, status, duration, information on the Member States and other actors involved, daily and weekly situational reports, statistical data and information packages for the media;

(c)    a sub-layer on environmental information, which includes information on terrain and weather conditions at the external borders of the Member States.

5a.        The information on own assets in the operational layer of the European situational picture shall be classified as EU RESTRICTED.

6.          The analysis layer of the European situational picture shall be structured in the same manner as in the national situational picture.

Article 11Common Pre-Frontier Intelligence Picture

1.          The Agency shall establish and maintain a common pre-frontier intelligence picture in order to provide the national coordination centres with effective, accurate and timely information and analysis on the pre-frontier area ▌.

2.          The common pre-frontier intelligence picture shall be composed of information collected from the following sources:

(a)    national coordination centres, including information and reports received from Member States' liaison officers via the competent national authorities;

           ▌

(ba)  European Union delegations and offices;

(c)    the Agency, including information and reports provided by its liaison officers;

(d)    other relevant Union bodies, offices and agencies and international organisations as referred to in Article 17;

(e)    authorities of third countries, on the basis of bilateral or multilateral agreements and regional networks as referred to in Article 18, via the national coordination centres;

(f)     other sources.

3.          The common pre-frontier intelligence picture may contain information which is relevant for air border surveillance ▌and checks at external border crossing points.

4.          The events, operational and analysis layers of the common pre-frontier intelligence picture shall be structured in the same manner as in the European situational picture .

5.          The Agency shall assign a single indicative impact level to each incident in the events layer of the common pre-frontier intelligence picture. The Agency shall inform the national coordination centres on any incident in the pre-frontier area ▌ .

Article 12Common application of surveillance tools

1.          The Agency shall coordinate the common application of surveillance tools ▌ in order to supply the national coordination centres and itself with surveillance information on the external borders and on the pre-frontier area on a regular, reliable and cost-efficient basis.

2.          The Agency shall provide a national coordination centre, upon its request, with information on the external borders of the requesting Member State and on the pre-frontier area which may be derived from:

(a)    selective monitoring of designated third-country ports and coasts which have been identified through risk analysis and information as embarkation or transit points for vessels and other craft used for illegal immigration or cross-border crime;

(b)    tracking of a vessel or other craft over high seas which is suspected of or has been identified as being used for illegal immigration or cross-border crime;

(c)    monitoring of designated areas in the maritime domain in order to detect, identify and track vessels and other craft suspected of or used for illegal immigration or cross-border crime;

(d)    environmental assessment of designated areas in the maritime domain and at the external land border in order to optimise monitoring and patrolling activities;

(e)    selective monitoring of designated pre-frontier areas at the external borders, which have been identified through risk analysis and information as potential departure or transit areas for illegal immigration or cross-border crime.

3.          The Agency shall provide the information referred to in paragraph 1 by combining and analysing data which may be collected from the following systems, sensors and platforms:

(a)    ship reporting systems in accordance with their respective legal bases;

(b)    satellite imagery;

(c)    sensors mounted on any ▌vehicles, vessels or other craft .

4.          The Agency may refuse a request from a national coordination centre on the basis of technical, financial or operational reasons. The Agency shall notify in due time the national coordination centre with the reasons for such a refusal.

5.          The Agency may use on its own initiative the surveillance tools referred to in paragraph 2 for collecting information which is relevant for the common pre-frontier intelligence picture.

Article 12a

Processing of personal data

1.          Where the national situational picture is used for the processing of personal data, that data shall be processed in accordance with Directive 95/46/EC(12), Council Framework Decision 2008/977/JHA and the relevant national provisions on data protection.

2.          The European situational picture and the common pre-frontier intelligence picture may only be used for the processing of personal data concerning ship identification numbers.

This personal data shall be processed in accordance with Article 11ca of Regulation (EC) No 2007/2004. This data shall only be processed for the purposes of detection, identification and tracking of vessels as well as for the purposes referred to in Article 11c(3) of Regulation (EC) No 2007/2004. It shall automatically be deleted within seven days or, in case additional time is needed for tracking a vessel, within two months following the receipt of the relevant data by the Agency.

CHAPTER IIIReaction Capability

Article 13Determination of external border sections

For the purposes of this Regulation, each Member State shall divide its external land and sea borders into border sections which shall be notified to the Agency.

Article 14Attribution of impact levels to external border sections

1.          Based on the Agency's risk analysis and in agreement with the Member State concerned, the Agency shall attribute or change the following impact levels to each of the external land and sea border sections of Member States:

(a)    low impact level in case the incidents related to illegal immigration or cross-border crime occurring at the border section in question have an insignificant impact on border security;

(b)    medium impact level in case the incidents related to illegal immigration or cross-border crime occurring at the border section in question have a moderate impact on border security;

(c)    high impact level in case the incidents related to illegal immigration or cross-border crime occurring at the border section in question have a significant impact on border security.

2.          The national coordination centre shall regularly assess whether there is a need to change the impact level of any of the border sections by taking into account the information contained in the national situational picture.

3.          The Agency shall visualise ▌ the impact levels attributed to the external borders in the European situational picture.

Article 15Reaction corresponding to impact levels

1.          The Member States shall ensure that the surveillance ▌activities carried out at the external border sections correspond to the attributed impact levels in the following manner:

(a)    where a low impact level is attributed to an external border section, the national authorities with a responsibility for external border surveillance shall organise regular surveillance on the basis of risk analysis and ensure that sufficient personnel and resources are being kept in the border area in readiness for tracking, identification and interception;

(b)    where a medium impact level is attributed to an external border section, the national authorities with a responsibility for external border surveillance shall, in addition to measures taken under point (a), ensure that appropriate surveillance measures are being taken at this border section. When those measures are taken, the national coordination centre shall be notified accordingly. The national coordination centre shall coordinate any support given in accordance with paragraph 3 of Article 5;

(c)    where a high impact level is attributed to an external border section, the Member State concerned shall, in addition to measures taken under point (b), ensure, through the national co-ordination centre, that the national authorities operating at this border section are given the necessary support and that reinforced surveillance measures are taken. That Member State may request the Agency for support subject to the conditions for initiating joint operations or rapid interventions as laid down in Regulation (EC) No 2007/2004.

2.          The national coordination centre shall regularly inform the Agency about the measures taken at national level pursuant to point (c) of paragraph 1 ▌.

3.          Where a medium or high impact level is attributed to an external border section which is adjacent to the border section of another Member State or a country with which agreements or regional networks, as referred to in Articles 17a and 18, are in place, the national coordination centre shall contact the national coordination centre of the neighbouring Member State or the competent authority of the neighbouring country and shall endeavour to coordinate the necessary cross-border measures.

4.          Where a Member State submits a request according to point (c) of paragraph 1, the Agency, when responding to that request, may support that Member State in particular by:

(a)    giving priority treatment for the common application of surveillance tools;

(b)    coordinating the deployment of European Border Guard Teams in accordance with Regulation (EC) No 2007/2004;

(c)    ensuring the deployment of technical equipment at the disposal of the Agency in accordance with Regulation (EC) No 2007/2004;

(d)    coordinating any additional support offered by other Member States.

5.          The Agency shall evaluate together with Member States the attribution of impact levels and the corresponding measures taken at national and Union level in its risk analysis reports.

TITLE IVSPECIFIC PROVISIONS

Article 16Allocation of tasks to other

authorities in the Member States

1.          Member States may entrust regional, local, functional or other authorities, which are in the position to take operational decisions, with ensuring the situational awareness and reaction capability in the respective area of competence, including the tasks and competences referred to in points (b), (d) and (e) of paragraph 3 of Article 5 ▌.

2.          The decision of the Member State referred to in paragraph 1 shall not affect the national coordination centre in its ability to cooperate and exchange information with other national coordination centres and the Agency.

3.          In pre-defined cases, as determined at national level, the national coordination centre may authorise an authority referred to in paragraph 1 to communicate and exchange information with the regional authorities or the national coordination centre of another Member State or the competent authorities of a third country on condition that it regularly informs its own national coordination centre about such communication and information exchange.

Article 17Cooperation of the Agency with third parties

1.          The Agency shall make use of existing information, capabilities and systems available in other Union bodies, offices and agencies, and international organisations , within the respective legal frameworks.

2.          In accordance with paragraph 1, the Agency shall cooperate in particular with the following Union bodies, offices and agencies, and international organisations:

(a)    European Police Office (Europol) ▌ in order to exchange information on cross-border crime to be included in the European situational picture;

(b)    the EU Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency when providing the common application of surveillance tools;

(c)    the European Commission, the European External Action Service and Union bodies, offices and agencies including the European Asylum Support Office, which may provide the Agency with information relevant for maintaining the European situational picture and the common pre-frontier intelligence picture;

(d)    international organisations which may provide the Agency with information relevant for maintaining the European situational picture and the common pre-frontier intelligence picture.

2a.        In accordance with paragraph 1, the Agency may cooperate with the Maritime Analysis and Operations Centre - Narcotics (MAOC-N) and the Centre de Coordination pour la lutte antidrogue en Méditerranée (CeCLAD-M) in order to exchange information on cross-border crime to be included in the European situational picture.

3.          Information between the Agency and the Union bodies, offices and agencies and international organisations referred to in paragraphs 2 and 2a shall be exchanged via the communication network referred to in Article 7 or other communication networks which fulfil the criteria of availability, confidentiality and integrity.

4.          The cooperation between the Agency and the Union bodies, offices and agencies and international organisations referred to in paragraphs 2 and 2a shall be regulated in working arrangements in accordance with Regulation (EC) No 2007/2004 and the respective legal basis of the Union body, office and agency, or international organisation concerned. As regards the handling of classified information, these arrangements shall provide that the Union body, office and agency and international organisation concerned comply with equivalent security rules and standards as those applied by the Agency.

5.          The Union bodies, offices and agencies referred to in paragraphs 2 and 2a shall use information received in the context of EUROSUR only within the limits of their legal framework and in compliance with fundamental rights, including data protection requirements.

Article 17a

Cooperation with Ireland and the United Kingdom

1.          For the purposes of this Regulation, the exchange of information and cooperation with Ireland and the United Kingdom may take place on the basis of bilateral or multilateral agreements between Ireland and the United Kingdom and one or several neighbouring Member States or through regional networks based on these agreements. The national coordination centres of the Member States shall be the contact point for the exchange of information with the corresponding authority of Ireland and the United Kingdom within EUROSUR. Once those agreements are concluded, they shall be notified to the Commission.

2.          The agreements referred to in paragraph 1 shall be limited to the following exchange of information between the national coordination centre of a Member State and Ireland and the United Kingdom:

(a)    information contained in the national situational picture of a Member State to the extent transmitted to the Agency for the purposes of the European situational picture and the common pre-frontier intelligence picture,

(b)    information collected by Ireland and the United Kingdom which is relevant for the purposes of the European situational picture and the common pre-frontier intelligence picture,

(c)    information as laid down in Article 9(9).

3.          Prior approval of any other Member State or of the Agency, which provided information in the context of EUROSUR and which is not part of any of the agreements referred to in paragraph 1, shall be required before that information can be shared with Ireland and the United Kingdom under that agreement.

4.          Onward transmission or other communication of information exchanged under this Article to third countries or other third parties shall be prohibited.

5.          The agreements referred to in paragraph 1 shall include provisions on financial costs arising from the participation of Ireland and the United Kingdom in the implementation of those agreements.

Article 18Cooperation with neighbouring third countries

 (1) For the purposes of this Regulation, Member States may exchange information and cooperate with one or several neighbouring third countries. That exchange of information and cooperation shall take place on the basis of bilateral or multilateral agreements or through regional networks established on the basis of those agreements. The national coordination centres of the Member States shall be the contact point for the exchange of information ▌with neighbouring third countries.

(1aa) Before any agreements referred to in paragraph 1 of this Article are concluded, Member States shall notify them to the Commission, which shall verify the compliance of the parts of the agreements relevant for EUROSUR with this Regulation. Once they are concluded, they shall be notified to the Commission which shall inform the European Parliament, the Council and the Agency.

1a.        Those agreements shall be in compliance with the relevant Union and international law on fundamental rights and on international protection, including the Charter of Fundamental Rights of the European Union and the Convention relating to the Status of Refugees, in particular the principle of non-refoulement.

1b.        Any exchange of personal data with third countries in the framework of EUROSUR shall be strictly limited to what is absolutely necessary for the purposes of this Regulation. It shall be carried out in accordance with Directive 95/46/EC(13), Council Framework Decision 2008/977/JHA and the relevant national provisions on data protection.

2.          Any exchange of information under paragraph 1 of this Article and under point (ga) of paragraph 2 of Article 9, which provides a third country with information that could be used to identify persons or groups of persons whose request for access to international protection is under examination or who are under a serious risk of being subjected to torture, inhuman and degrading treatment or punishment or any other violation of fundamental rights, shall be prohibited.

3.          Any exchange of information under paragraph 1 of this Article and under point ( ▌ ga) of paragraph 2 of Article 9 ▌ shall be done in compliance with the conditions of the bilateral and multilateral agreements concluded with neighbouring third countries.

4.          Prior approval of any other Member State or of the Agency, which provided information in the context of EUROSUR and which is not part of any of the agreements referred to in paragraph 1 and of the networks referred to in point (ga) of paragraph 2 of Article 9 ▌ , shall be required before that information can be shared with any third country under that agreement or network; The Member States and the Agency shall be bound by the request not to exchange that information with the third country concerned.

4b.        Onward transmission or other communication of information exchanged under this Article to other third countries or third parties shall be prohibited.

5.          Any exchange of information with third countries acquired via the common application of surveillance tools is subject to the legislation and rules governing those tools and systems as well as to the relevant provisions of Directive 95/46/EC, Regulation (EC) No 45/2001 and Council Framework Decision 2008/977/JHA.

Article 19Handbook

1.          The European Commission shall, in close cooperation with the Member States, the Agency, and any other relevant Union body, office or agency, make available a Practical Handbook for the implementation and management of EUROSUR (hereinafter Handbook), providing technical and operational guidelines, recommendations and best practices including on cooperation with third countries. The European Commission shall adopt the Handbook in the form of a recommendation.

2.          The European Commission may decide, after consultation with Member States and the Agency, to classify parts of the Handbook as EU RESTRICTED in compliance with the rules laid down in Commission Decision 2001/844/EC amending its internal Rules of Procedure.

Article 20Monitoring and evaluation

1.          For the purposes of this Regulation, the Agency and the Member States shall ensure that procedures are in place to monitor the technical and operational functioning of EUROSUR against the objectives of achieving an adequate situational awareness and reaction capability at the external borders and the respect for fundamental rights including the principle of non-refoulement.

2.          The Agency shall submit a report to the European Parliament and to the Council on the functioning of EUROSUR on 1 December 2015 and every two years thereafter.

3.          The Commission shall provide an overall evaluation of EUROSUR to the European Parliament and the Council on 1 December 2016 and every four years thereafter. This evaluation shall include an assessment of the results achieved against objectives ▌, of the continuing validity of the underlying rationale, of the application of this Regulation in the Member States and by the Agency ▌ and of the compliance with and impact on fundamental rights and a cost benefit evaluation. That evaluation shall be accompanied, where necessary, by appropriate proposals to amend this Regulation.

4.          Member States shall provide the Agency with the information necessary to draft the report referred to in paragraph 2. The Agency shall provide the Commission with the information necessary to produce the evaluation referred to in paragraph 3.

Article 20aAmendments to Regulation (EC) No 2007/2004

Regulation No (EC) 2007/2004 is hereby amended as follows:

1.          In Article 2(1), point (i) is replaced by the following:

"(i)   provide the necessary assistance to the development and operation of a European border surveillance system and, as appropriate, to the development of a common information sharing environment, including interoperability of systems, notably through establishing, maintaining and coordinating the EUROSUR framework in accordance with Regulation XXX of the European Parliament and the Council establishing the European Border Surveillance System (EUROSUR)."

2.          The following new Article 11ca is inserted:

"Article 11ca

Processing of personal data in the framework of EUROSUR

The Agency may process personal data as set out in Article 12a(2) of Regulation XXX of the European Parliament and the Council establishing the European Border Surveillance System (EUROSUR), which shall be applied in accordance with the measures referred to in Article 11a. In particular, the processing of such data shall respect the principles of necessity and proportionality and onward transmission or other communication of such personal data processed by the Agency to third countries shall be prohibited."

Article 21Entry into force and applicability

1.          This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2.          This Regulation shall apply from 2 December 2013.

3.          Article 5(1) shall apply to the Member States located at the southern ▌and eastern ▌external borders ▌(Bulgaria, Croatia, Cyprus, Estonia, Finland, France, Greece, Hungary, Italy, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovak Republic, Slovenia and Spain) from 2 December 2013.

4.          Article 5(1) shall apply to the remaining Member States ▌from 1 December 2014.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels,

For the European Parliament                           For the Council

The President                                                 The President

ANNEX

The following principles shall be taken into account when setting, operating and maintaining the different components of the EUROSUR framework:

(a)         Principle of communities of interest: The national coordination centres and the Agency shall form particular communities of interest for sharing information and cooperation in the framework of EUROSUR. Communities of interest shall be used to organise different national coordination centres and the Agency to exchange information in pursuit of shared objectives, requirements and interests.

(b)         Principles of coherent management and of using existing structures: The Agency shall ensure the coherence between the different components of the EUROSUR framework, including providing guidance and support to the national coordination centres and promoting the interoperability of information and technology. To the extent possible, the EUROSUR framework shall make use of existing systems and capabilities, in order to optimise the use of the Union budget and to avoid duplication. In this context, EUROSUR shall be established in full compatibility with the initiative for a Common Information Sharing Environment for the surveillance of the EU maritime domain (CISE), thereby contributing to and benefit from a coordinated and cost-efficient approach for cross-sectoral information exchange in the Union.

(c)         Principles of information sharing and of information assurance: Information made available in the EUROSUR framework shall be available to all national coordination centres and the Agency, unless specific restrictions have been laid down or agreed upon. The national coordination centres shall guarantee the availability, confidentiality and integrity of the information to be exchanged at national, European and international level. The Agency shall guarantee the availability, confidentiality and integrity of the information to be exchanged at European and international level.

(d)         Principles of service-orientation and of standardisation: The different EUROSUR capabilities shall be implemented using a service-oriented approach. The Agency shall ensure that, to the extent possible, the EUROSUR framework is based on internationally agreed standards.

(e)         Principle of flexibility: Organisation, information and technology shall be designed to enable the EUROSUR stakeholders to react to changing situations in a flexible and structured manner.

ANNEX TO THE DRAFT LEGISLATIVE RESOLUTION

Statement by the European Parliament

The European Parliament stresses that the EU institutions should endeavour to use appropriate and neutral terminology in legislative texts when addressing the issue of third-country nationals whose presence on the territory of the Member States has not been authorised by the Member States' authorities or is no longer authorised. In such cases, EU institutions should avoid using the word "illegal" when it is possible to find alternative wording, and in all cases, when referring to persons, "irregular migrants" should be used.

(1)

* Amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▌.

(2)

1          Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1).

(3)

          OJ L 8, 12.1.2001, p. 1.

(4)

          OJ L 350, 30.12.2008, p. 60.

(5)

          OJ L 131, 1.6.2000, p. 43.

(6)

          OJ L 64, 7.3.2002, p. 20.

(7)

          OJ L 176, 10.7.1999, p. 36.

(8)

          OJ L 53, 27.2.2008, p. 52.

(9)

          OJ L 53, 27.2.2008, p.1.

(10)

          OJ L 160, 18.6.2011, p. 21.

(11)

          OJ L 160, 18.6.2011, p. 19.

(12)

         OJ L 281, 23.11.1995, p. 31

(13)

         OJ L 281, 23.11.1995, p. 31.


EXPLANATORY STATEMENT

Free movement is a defining principle of the European Union and the ability to move within the European Union without facing checks at internal borders is one of its most successful achievements. Many people use this freedom and public opinion repeatedly ranks freedom to travel among the most significant benefits brought about by the Union. For our economy as well, free movement is central to the success of the single market. Schengen cannot be reversed. It should instead be strengthened through a better management of the EU external borders that ensures full mutual trust among Member States.

For that reason, your Rapporteur generally supports the Commission proposal. Sharing information and improving the cooperation between Member States and between the agencies involved are essential steps in view of a better burden-sharing in the management of the EU external borders. They are also crucial to help Member States respect the international maritime legislation and save migrants lives.

Your Rapporteur intends to reinforce the following points:

1) Scope of the directive

Your Rapporteur favours the inclusion of pre-frontier areas in EUROSUR, including border crossing points/airports, but is of the opinion that this is for a later stage. For the moment, it should remain optional for Member States. He also supports the insertion of a review clause with a report assessing the impact of this inclusion and possibly proposing amendments to the Regulation.

2) Cooperation with other agencies

Your Rapporteur strongly supports the cooperation with other agencies, especially Europol, EASO, EMSA (European Maritime Safety Agency), EFCA (European Fisheries Control Agency) and the ESC (European Satellite Centre).

3) Cooperation with third countries

Your Rapporteur is of the opinion that Member States should cooperate with neighbouring third countries in order to protect lives of migrants, prevent irregular migration and fight cross-border crime. Those agreements shall be notified to the Commission.

4) Participation of the UK and Ireland

Your Rapporteur supports the possibility for the UK and Ireland to participate in EUROSUR. The cooperation should take place on the basis of bilateral or multilateral agreements between Ireland and the UK and one or several neighbouring Member States.

5) Personal data

Your Rapporteur insists that personal data should be exchanged and processed through EUROSUR only where necessary and in duly justified cases, with the appropriate safeguards. He also considers that no personal data should be exchanged with third countries.

6) Definitions

Your Rapporteur tabled some amendments in order to better define some concepts like "incident" or "interception". Your Rapporteur also insists on a better definition of situations of particular pressure and stresses that the assessment of "low", "medium" and "high" impact should be done at Frontex level.

7) Coordination

Your Rapporteur supports the appointment of a single national coordination centre in each Member State charged with cooperating with EUROSUR while allowing for some flexibility as regards Member States' internal regional organisation.

8) Fundamental rights

Your Rapporteur introduces some references to the relevant EU legislation on asylum (including the principle of non-refoulement) and return that should apply after interception.

9) Accountability

Your Rapporteur favours the inclusion of a review clause every 4 years, with a report to the European Parliament.


OPINION of the Committee on Budgets (17.10.2012)

for the Committee on Civil Liberties, Justice and Home Affairs

on the proposal for a regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR)

(COM(2011)0873 – C7-0506/2011 – 2011/0427(COD))

Rapporteur: Dominique Riquet

SHORT JUSTIFICATION

1. Scope of the proposal

The European external border surveillance system (EUROSUR) proposal is part of the efforts of the Union to increase Member States' reaction capability of their border control authorities at the (Schengen) external borders. It should help Member States to achieve full awareness of the situation at their external borders and enhance information flow and cooperation between Member States as well as between Member States and the Agency, in a more consistent and systematic way. Regarding to the external dimension of border management, EUROSUR should provide support to enhance cooperation with third countries and to reinforce their border surveillance and management capabilities in areas which have a direct impact in the EU (e.g. to link third countries' systems and infrastructures to the EU's in order to allow for the regular exchange of information).

2. Implementation

The different components of EUROSUR will be mainly implemented by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the EU(1) (FRONTEX) and by Member States as described in the 2008 EUROSUR communication.(2)

Unlike the two parallel programmes "Internal Security Fund" and "Asylum and Migration Fund", EUROSUR would not be designed as EU-Fund, but would provide a common technical framework and develop standards required to rationalise cooperation as well as 24-hour and 7-days communication between the authorities (both EU and Members States'). The proposed EUROSUR regulation should enter into force at the end of 2013. The financial statement attached to the proposal(3) is limited to the time period of 2014-2020 even if the explanatory statement of the regulation also foresees funding under the current multiannual financial framework since EUROSUR was launched as a pilot project in 2011. For 2014-2020 it foresees funding not through a separate budget line, but from two sources within the EU budget (already existing or to be created):

· Currently, Member States are being supported by appropriations from the EU-External Borders Fund (budget line 18 02 06) until the end of the current MFF (end of 2013). From 2014 on, a new budget line (18 02 XX XX - "Internal Security Fund - Borders and Visas") would be created in the new Budget structure following the MFF 2014-2020 and part of it would finance the development of some of the different EUROSUR components (e.g. setting up the national coordination centres).

· On the other hand, it should be the FRONTEX Agency (line 18 02 03 02) which shall use its own budget to set up the communication network and other horizontal components of the EUROSUR system, such as the European situational picture and the common pre-frontier intelligence picture, and when necessary this is completed by support under the Internal Security Fund (direct or indirect centralised financial management).

The estimated total impact on EU expenditure over seven years (2014-2020) would be of approximately EUR 244,021 million. Around EUR 112 million would be financed from appropriations from the new "Internal Security Fund - Borders and Visas") and EUR 132 million from the FRONTEX Agency (line 18 02 03 02) which seems to be quite an important share of the estimated total seven -year budget of FRONTEX of EUR 614 million.

By comparison, for the present Heading 3 A, the Commission proposed an overall indicative budget of EUR 10 911 million for the period 2014-2020 in the Multiannual Financial Framework.

This figure covers spending on financial programmes and the EU agencies active in the home affairs area. The agencies amount for EUR 1,572 million in current prices.

The estimated requirement of human resources for the implementation of the framework (monitoring of and support for the daily management of EUROSUR) would be only 2 AD staff at the Commissions Headquarters, from DG HOME. According to the proposal, they are already assigned to management of the action and/or have been redeployed within the DG. If any additional allocation might prove necessary, your rapporteur insists that it may only be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

3. Rapporteur position

Your rapporteur supports the continuation and the development of EUROSUR, because border surveillance is an area in which the Union's action undoubtedly shows an European added value compared to purely national measures. Indeed, illegal immigration and cross-border crime are, by nature, phenomena that go beyond the territory of Member States.

It should be noted, however, that the funding scheme proposed for EUROSUR is very complex. This results both from the three possible management levels (centralised direct management, centralised indirect management and shared management) and from the time-frame of the funding (the current multiannual financial framework and the MFF 2014-2020) and therefore originates from different envelopes within these two frameworks.

As long as the budget 2013 is not adopted, it will be difficult to analyse the different amounts to be taken from the budgetary lines concerned under the current MFF (External Borders Fund, Frontex, 7th Framework Programme for Research and Development, and Development Cooperation Instrument). A distribution of costs is presented in the impact assessment accompanying the Commission's proposal related to EUROSUR(4), but it does not appear in the proposal itself.

Concerning spending to be achieved during the MFF 2014-2020 - and without prejudice to the result of negotiations on the next MFF, we can regret that the Commission does not make any budgetary reference in the legally binding part of the proposal concerning EUROSUR.

Furthermore, concerning spending related to national coordination centres (NCC) and measures in neighbouring third countries, your rapporteur underlines the absence of any allocation criteria for resources.

AMENDMENTS

The Committee on Budgets calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Draft legislative resolution

Paragraph 1a (new)

Draft legislative resolution

Amendment

 

1a. Recalls its resolution of 8 June 2011 on "Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe"1; reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for by the Treaty of Lisbon, as well as to respond to unforeseen events; points out that even with an increase in the level of resources for the next MFF of at least 5% compared to the 2013 level only a limited contribution can be made to the achievement of the Union’s agreed objectives and commitments and the principle of Union solidarity; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value;

 

_______________

 

1 Texts adopted, P7_TA(2011)0266.

Amendment  2

Draft legislative resolution

Paragraph 1 b (new)

Draft legislative resolution

Amendment

 

1b. Stresses that point 47 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management1 should apply for the extension of the mandate for the European Agency for the Management of Operational Cooperation ("the Agency") at the external Borders; emphasises that any decision of the legislative authority in favour of such an extension shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure;

 

________________

 

1 OJ C 139, 14.6.2006, p. 1.

Amendment  3

Draft legislative resolution

Paragraph 1 c (new)

Draft legislative resolution

Amendment

 

1c. Requests that the Commission present a new financial statement which fully takes into account the result of the legislative agreement between the European Parliament and Council to meet the budgetary and staff requirements in the Agency and in Commission's services;

Amendment  4

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The establishment of a European Border Surveillance System (hereinafter referred to as 'EUROSUR') is necessary in order to strengthen the information exchange and operational cooperation between national authorities of Member States as well as with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Council Regulation (EC) No 2007/2004 of 26 October 2004 (Frontex), hereinafter referred to as ‘the Agency’. EUROSUR should provide these authorities and the Agency with the infrastructure and tools needed to improve their situational awareness and reaction capability when detecting and preventing irregular migration and cross-border crime as well as protecting and saving lives of migrants at the external borders of the Member States of the Union.

(1) The establishment of a European Border Surveillance System (hereinafter referred to as 'EUROSUR') is necessary in order to strengthen the information exchange and operational cooperation between national authorities of Member States as well as with the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Council Regulation (EC) No 2007/2004 of 26 October 2004 (Frontex), hereinafter referred to as ‘the Agency’. EUROSUR should provide these authorities and the Agency with the infrastructure and tools needed to improve their situational awareness and reaction capability when detecting and preventing irregular migration and cross-border crime, therefore contributing to better protecting and saving lives of migrants at the external borders of the Member States of the Union.

Amendment  5

Proposal for a regulation

Recital 5 a new

Text proposed by the Commission

Amendment

 

(5a) The Agency should be provided with the appropriate financial and human resources in order to adequately fulfil the additional tasks assigned to it under this Regulation. For this purpose, the procedure for the establishment, implementation and control of its budget as set out in Articles 29 and 30 of Regulation (EC) No 2007/2004 should take due account of these tasks. The budgetary authority should ensure that the best standards of efficiency are met.

Amendment  6

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9a) There is a need to better coordinate spending of the Union and Member States' funds in the area of home affairs in order to optimise the use of their own budgets. This should contribute to a better complementarity, efficiency and visibility of their spending. In particular, EUROSUR should make the best possible use of existing capabilities in terms of human resources as well as technical equipments, both at EU and national level, while promoting military-civilian cooperation.

Amendment  7

Proposal for a regulation

Recital 9 b (new)

Text proposed by the Commission

Amendment

 

(9b) Mechanisms involving the Union budget in the implementation of EUROSUR should be transparent, responsible and subject to democratic scrutiny.

Amendment  8

Proposal for a regulation

Recital 9 c (new)

Text proposed by the Commission

Amendment

 

(9c) There is a need to ensure sound financial management of the system and its implementation in the most effective manner possible, while preserving legal certainty and the accessibility of the system to all participants.

Amendment  9

Proposal for a regulation

Recital 9 d (new)

Text proposed by the Commission

Amendment

 

(9d) The Commission should regularly assess the results of the implementation of EUROSUR with the aid of clear, simple and measurable indicators. These indicators should provide the basis for determining the extent to which the objectives of the system have been achieved.

Amendment  10

Proposal for a regulation

Article 1

Text proposed by the Commission

Amendment

This Regulation establishes a common framework for the exchange of information and cooperation between Member States and the Agency in order to improve the situational awareness and reaction capability at the external borders of the Member States and of the European Union, hereinafter referred to as the European Border Surveillance System (EUROSUR).

This Regulation establishes a common framework for the exchange of information and cooperation between Member States and the Agency in order to improve the situational awareness and reaction capability at the external borders of the Member States and of the European Union, therefore contributing to better protecting and saving lives of migrants at the external borders of the Member States of the Union, hereinafter referred to as the European Border Surveillance System (EUROSUR).

Amendment  11

Proposal for a regulation

Article 3 - point g (new)

Text proposed by the Commission

Amendment

 

g) ‘the Agency’ means the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Council Regulation (EC) No 2007/2004.

Amendment  12

Proposal for a regulation

Article 4 - paragraph 1 - point c

Text proposed by the Commission

Amendment

(c) communication network;

(c) data exchange and communication network;

Amendment  13

Proposal for a regulation

Annex - point b

Text proposed by the Commission

Amendment

(b) Principles of coherent management and of using existing structures: The Agency shall ensure the coherence between the different components of the EUROSUR framework, including providing guidance and support to the national coordination centres and promoting the interoperability of information and technology. To the extent possible, the EUROSUR framework shall make use of existing systems and capabilities. In this context, EUROSUR shall be established in full compatibility with the initiative for a Common Information Sharing Environment for the surveillance of the EU maritime domain (CISE), thereby contributing to and benefit from a coordinated and cost-efficient approach for cross-sectoral information exchange in the Union.

(b) Principles of coherent management and of using existing structures: The Agency shall ensure the coherence between the different components of the EUROSUR framework, including providing guidance and support to the national coordination centres and promoting the interoperability of information and technology. To the extent possible, the EUROSUR framework shall make use of existing systems and capabilities, in order to optimise the use of the Enion budget and to avoid the creation of redundancies. In this context, EUROSUR shall be established in full compatibility with the initiative for a Common Information Sharing Environment for the surveillance of the EU maritime domain (CISE), thereby contributing to and benefit from a coordinated and cost-efficient approach for cross-sectoral information exchange in the Union.

PROCEDURE

Title

Establishing the European Border Surveillance System (EUROSUR)

References

COM(2011)0873 – C7-0506/2011 – 2011/0427(COD)

Committee responsible

       Date announced in plenary

LIBE

2.2.2012

 

 

 

Opinion by

       Date announced in plenary

BUDG

2.2.2012

Rapporteur

       Date appointed

Dominique Riquet

15.2.2012

Date adopted

10.10.2012

 

 

 

Result of final vote

+:

–:

0:

28

4

1

Members present for the final vote

Marta Andreasen, Richard Ashworth, Francesca Balzani, Zuzana Brzobohatá, Göran Färm, José Manuel Fernandes, Eider Gardiazábal Rubial, Salvador Garriga Polledo, Jens Geier, Ivars Godmanis, Lucas Hartong, Jutta Haug, Sidonia Elżbieta Jędrzejewska, Ivailo Kalfin, Sergej Kozlík, Jan Kozłowski, Alain Lamassoure, Giovanni La Via, George Lyon, Barbara Matera, Juan Andrés Naranjo Escobar, Nadezhda Neynsky, Dominique Riquet, Potito Salatto, Alda Sousa, Helga Trüpel, Derek Vaughan, Angelika Werthmann

Substitute(s) present for the final vote

Alexander Alvaro, Jürgen Klute, Georgios Papastamkos, Nils Torvalds, Catherine Trautmann

(1)

established by Council Regulation (EC) No 2007/2004 of 26 October 2004 -OJ L 349, 25.11.2004, p. 1

(2)

Communication of 13 February 2008 from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: "Examining the creation of a European border surveillance system (EUROSUR)" - COM(2008)68 final

(3)

Legislative Financial statement annexed to proposal COM(2011)873, p. 25

(4)

SEC(2011)1536


PROCEDURE

Title

Establishing the European Border Surveillance System (EUROSUR)

References

COM(2011)0873 – C7-0506/2011 – 2011/0427(COD)

Date submitted to Parliament

12.12.2011

 

 

 

Committee responsible

       Date announced in plenary

LIBE

2.2.2012

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

AFET

2.2.2012

DEVE

2.2.2012

BUDG

2.2.2012

 

Not delivering opinions

       Date of decision

AFET

6.3.2012

DEVE

25.1.2012

 

 

Rapporteur(s)

       Date appointed

Jan Mulder

9.2.2012

 

 

 

Discussed in committee

25.4.2012

3.9.2012

11.10.2012

27.11.2012

 

19.6.2013

 

 

 

Date adopted

19.6.2013

 

 

 

Result of final vote

+:

–:

0:

41

8

1

Members present for the final vote

Jan Philipp Albrecht, Rita Borsellino, Emine Bozkurt, Arkadiusz Tomasz Bratkowski, Salvatore Caronna, Philip Claeys, Carlos Coelho, Ioan Enciu, Tanja Fajon, Hélène Flautre, Kinga Gál, Kinga Göncz, Nathalie Griesbeck, Sylvie Guillaume, Ágnes Hankiss, Anna Hedh, Salvatore Iacolino, Sophia in ‘t Veld, Lívia Járóka, Teresa Jiménez-Becerril Barrio, Timothy Kirkhope, Juan Fernando López Aguilar, Baroness Sarah Ludford, Svetoslav Hristov Malinov, Véronique Mathieu Houillon, Anthea McIntyre, Nuno Melo, Roberta Metsola, Antigoni Papadopoulou, Georgios Papanikolaou, Carmen Romero López, Judith Sargentini, Birgit Sippel, Csaba Sógor, Renate Sommer, Rui Tavares, Nils Torvalds, Kyriacos Triantaphyllides, Axel Voss, Renate Weber, Josef Weidenholzer, Tatjana Ždanoka, Auke Zijlstra

Substitute(s) present for the final vote

Elena Oana Antonescu, Dimitrios Droutsas, Monika Hohlmeier, Jan Mulder, Marco Scurria

Substitute(s) under Rule 187(2) present for the final vote

Jürgen Creutzmann, Jelko Kacin

Date tabled

24.6.2013

Last updated: 30 September 2013Legal notice