(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal (COM(2003) 687)(1),

–   having regard to Article 66 of the EC Treaty,

–   having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0613/2003),

–   having regard to the Protocol integrating the Schengen acquis into the framework of the European Union,

–   having regard to Rule 67 of its Rules of Procedure,

–   having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the Committee on Budgets (A5-0093/2004),

1.  Approves the Commission proposal as amended;

2.  Considers that the financial statement of the Commission proposal is compatible with the ceiling of heading 3 of the Financial Perspective without restricting other policies;

3.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

4.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

5.  Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

6.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

7.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 1 (1)  Community policy in the field of the EU external borders aims at an integrated management ensuring a uniform and high level of control and surveillance, which is a necessary corollary to the free movement of persons within the European Union and a fundamental component of an Area of Freedom, Security and Justice. To this end, the establishment of common rules on standards and procedures for the control of the external borders is foreseen. (1)  Community policy in the field of the EU external borders aims at an integrated management ensuring a uniform and high level of control and surveillance, which constitutes a measure designed to prevent trafficking in human beings, a necessary corollary to the free movement of persons within the European Union and a fundamental component of an Area of Freedom, Security and Justice. To this end, the establishment of common rules on standards and procedures for the control of the external borders is foreseen. Amendment 2 Recital 6 (6)  The Agency should provide training at European level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders and removal of third country nationals illegally resident in the Member States for officers of the competent national services. (6)  The Agency should provide training at European level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders. Amendment 3 Recital 7a (new) (7a) In carrying out the above activities the Agency shall act in conformity with the objectives and priorities adopted by the Commission in accordance with Article 12 of Decision 2002/463/EC(1). _______________________ (1) Council Decision 2002/463/EC of 13 June 2002 adopting an action programme for administrative cooperation in the fields of external borders, visas, asylum and immigration (ARGO programme) (OJ L 161, 19.6.2002, p. 11). Amendment 4 Recital 9 (9)  The Agency should also support Member States in circumstances requiring increased technical and operational assistance at the external borders. (9)  The Agency should also support Member States in exceptional circumstances requiring increased technical and operational assistance at the external borders. Amendment 5 Recital 10 (10)  In most Member States, the operational aspects of return of third-country nationals illegally residing in the Member States fall under the competencies of the authorities responsible for controlling the external borders. As there is a clear added value in performing these tasks at European level, the Agency should, subject to the Community return policy, accordingly co-ordinate and organise return operations of Member States and develop best practices on the acquisition of travel documents and return of third-country nationals from the territories of the Member States. deleted Amendment 6 Recital 12 (12)  Building upon the experiences of the External Borders Practitioners" Common Unit and the centres specialised in the different aspects of control and surveillance of land, air, and maritime borders respectively, which have been set up by Member States, the Agency may itself create specialised branches responsible for dealing with land, air, and maritime borders. deleted Amendment 7 Recital 16a (new) (16a) 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 data1 applies to the processing of personal data by the Agency. __________________ 1 OJ L 8, 12.1.2001, p. 1. Amendment 8 Recital 17 (17)  The Commission and the Member States should be represented within a Management Board in order to control effectively the functions of the Agency. This Board should be entrusted with the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision making by the Agency and appoint the Executive Director. (17)  The Commission and the Member States should be represented within a Management Board in order to control effectively the functions of the Agency. This Board should be entrusted with the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules and establish transparent working procedures for decision making by the Agency. Amendment 9 Recital 18a (new) (18a) The control of national borders should remain a sovereign Member State responsibility. Amendment 10 Recital 19 (19)  Bearing in mind the constantly changing nature of the challenges to efficient management of the external borders, a possible gradual widening of the scope of action of the Agency should be provided for. Such a wider scope could e. g. encompass tasking the Agency with the carrying out of inspections at the external borders and the facilitation of operational co-operation with relevant third countries and international organisations, taking into account the institutional framework of the European Community. This Regulation should apply to any other area related to the management of the external borders on a basis of a future proposal in accordance with the Treaty establishing the European Community. deleted Amendment 11 Recital 20 (20)  Recalling that efficient control and surveillance of the external borders is a matter of the utmost importance to Member States regardless of their geographical position. Accordingly there is a need for promoting solidarity between Member States in the field of external border management. The establishment of the Agency, assisting Member States with implementing the operational aspects of external border management, including return of third-country nationals illegally residing in the Member States, constitutes an important step in this direction. (20)  Recalling that efficient control and surveillance of the external borders is a matter of the utmost importance to Member States regardless of their geographical position. Accordingly there is a need for promoting solidarity between Member States in the field of external border management. The establishment of the Agency, assisting Member States with implementing the operational aspects of external border management, constitutes an important step in this direction. Amendment 12 Recital 26 (26)  This Regulation respects the fundamental rights and observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union (26)  This Regulation respects the fundamental rights and observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union, in particular in Article 19 thereof. Amendment 13 Article 1, paragraph 2 2.  The Agency shall facilitate the application of existing and future Community measures relating to the management of the external borders by ensuring the co-ordination of Member States' actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control on persons and surveillance of the external borders of the European Union. 2.  The Agency shall, within its remit as laid down in Article 2, facilitate the application of Community measures relating to the management of the external borders by ensuring the co-ordination of Member States' actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control on persons and surveillance of the external borders of the European Union. Amendment 14 Article 2, point (ba) (new) (ba) carry out inspections at the external borders. Amendment 15 Article 2, point (da) (new) (da) study measures to ensure the compatibility of technical equipment. Amendment 16 Article 2, point (f) (f) co-ordinate operational co-operation between Member States in the field of removal of third-country nationals illegally residing in the Member States. deleted Amendment 17 Article 2, point (fa) (new) (fa) study the need for and feasibility of setting up a European Border Guard. Amendment 18 Article 2, point (fb) (new) (fb) develop and coordinate a network of liaison officers for migration-related issues. Amendment 19 Article 3, paragraph 2 2.  The Agency may operate through its specialised branches provided for in Article 13, for the practical organisation of joint operations and pilot projects. deleted Amendment 20 Article 3, paragraph 4 4.  The Agency may decide to co-finance the operations and projects referred to in paragraph 1, with grants from its budget in accordance with the financial rules applicable to the Agency. deleted Amendment 21 Article 4, paragraph 2 It shall prepare both general and tailored risk assessments to be submitted to the Council and the Commission. It shall prepare both general and tailored risk assessments to be submitted to the European Parliament, the Council and the Commission. Amendment 22 Article 5, paragraph 2 The Agency shall also offer additional training courses and seminars on subjects related to the control and surveillance of the external borders and return of third country nationals for officers of the competent national services of Member States. The Agency shall also offer additional training courses and seminars on subjects related to the control and surveillance of the external borders for officers of the competent national services of Member States. Amendment 23 Article 5, paragraph 2a (new) The Agency may also hold training seminars at the request of the authorities of the Member States on the European Union's immigration policies and the procedures laid down by the competent institutions. Amendment 24 Article 6 The Agency shall follow up on the developments in research relevant for the control and surveillance of the external borders and disseminate this information to the Commission and the Member States. The Agency shall follow up on the developments in research relevant for the control and surveillance of the external borders and disseminate this information to the European Parliament, the Commission and the Member States. Amendment 25 Article 9 Article 9 deleted Return co-operation 1.  The Agency shall subject to the Community return policy co-ordinate or organise joint return operations of Member States. The Agency may use Community financial means available in the field of return. 2.  The Agency shall identify best practices on the acquisition of travel documents and the removal of illegally residing third-country nationals from the territories of the Member States. Amendment 26 Article 13 Article 13 deleted Specialised branches The Agency shall evaluate the need for and decide the setting up of specialised branches in the Member States, subject to their consent. The specialised branches of the Agency shall develop best practices with regard to the particular types of external borders for which they are responsible. The Agency shall ensure the coherence and uniformity of such best practices. Each specialised branch shall submit a detailed annual report to the Agency on its activities as well as provide any other type of information relevant for the co-ordination of operational co-operation. Amendment 27 Article 14, paragraph 3 3.  The Agency's staff shall consist of a limited number of officials and of national experts in the field of control and surveillance of the external borders seconded by the Member States to carry out management duties. The remaining staff shall consist of other employees recruited by the Agency as necessary to carry out its tasks. 3.  The Agency's staff shall consist of a limited number of officials assigned by the Commission and of national experts in the field of control and surveillance of the external borders seconded by the Member States to carry out management duties. The remaining staff shall consist of other employees recruited by the Agency as necessary to carry out its tasks. Amendment 28 Article 17, paragraph 2, point (a) (a) appoint the Executive Director on a proposal from the Commission in accordance with Article 23; deleted Amendment 29 Article 17, paragraph 2, point (c) (c) before 30 September each year, and after receiving the opinion of the Commission, adopt, by a three-quarters majority of its members, the Agency's programme of work for the coming year and forward it to the European Parliament, the Council, the Commission; this programme of work shall be adopted according to the annual Community budgetary procedure and the Community legislative programme in relevant areas of the management of external borders; (c) before 31 January each year, and after receiving the opinion of the Commission, adopt, by a three-quarters majority of its members, the Agency's draft programme of work for the year in question and forward it to the European Parliament, the Council, the Commission; this programme of work shall be finalised in the light of the outcome of the annual Community budgetary procedure; it shall take due account of the Community legislative programme in relevant areas of the management of external borders; Amendment 30 Article 17, paragraph 2, point (ha) (new) (ha) sign memoranda of understanding with the European Police College, the European armaments agency, the European Maritime Safety Agency and other bodies working in the Agency's field of activity on a clear division of responsibilities, so as to avoid duplication of work. Amendment 31 Article 18, paragraph 1 1.  The Management Board shall be composed of twelve members and two representatives of the Commission. The Council shall appoint the members as well as their alternates who will represent them in their absence. The Commission shall appoint its representatives and their alternates. The duration of the terms of office shall be four years. This term of office shall be extendable once. 1.  The Management Board shall be composed of twelve members. The Council and the Commission shall each appoint six members as well as their alternates who will represent them in their absence. The duration of the terms of office shall be four years. This term of office shall be extendable once. Amendment 32 Article 18, paragraph 1a (new) 1a. Members of the Management Board shall be appointed on the grounds of their experience in the field of border protection. Amendment 33 Article 19 1.  The Management Board shall elect a Chairperson and a Deputy Chairperson from among its members. The Deputy Chairperson shall ex-officio replace the Chairperson in the event of his/her being prevented from attending to his/her duties. The Management Board shall be chaired by one of the Commission representatives. 2.  The term of office of the Chairperson and Deputy Chairperson shall expire when their respective membership of the Management Board ceases. Subject to this provision, the duration of the terms of office of the Chairperson or Deputy Chairperson shall be two years. These terms of office shall be extendable once. Amendment 34 Article 22, paragraph 1 1.  The Agency shall be managed by its Executive Director, who shall be completely independent in the performance of his/her duties. Without prejudice to the respective competencies of the Commission and the Management Board, the Executive Director shall neither seek nor take instructions from any government or from any other body. 1.  The Agency shall be managed by its Executive Director, who shall be completely independent in the performance of his/her duties. The Executive Director shall neither seek nor take instructions from any government or from any other body. Amendment 35 Article 22, paragraph 2 2.  The European Parliament or the Council may invite the Executive Director of the Agency to report on the carrying out of his/her tasks. 2.  The European Parliament pursuant to Article 23a or the Council shall invite the Executive Director of the Agency to report on the carrying out of his/her tasks. Amendment 36 Article 23, paragraph 1 1.  The Commission shall propose candidates for the post of the Executive Director based on a list following publication of the post in the Official Journal and other press or internet sites as appropriate. 1.  The Commission shall appoint the Executive Director based on a list following publication of the post in the Official Journal and other press or internet sites as appropriate. Amendment 37 Article 23, paragraph 1a (new) 1a. The European Parliament may hear the candidates prior to appointment and issue an opinion. Amendment 38 Article 23, paragraph 2 2.  The Executive Director of the Agency shall be appointed by the Management Board on the grounds of merit and documented administrative and management skills, as well as his/her relevant experience in the field of management of the external borders. The Management Board shall take its decision by a two-thirds majority of all members with a right to vote. 2.  The Executive Director of the Agency shall be appointed by the Commission on the grounds of merit and documented administrative and management skills, as well as his/her relevant experience in the field of management of the external borders. Power to dismiss the Executive Director shall be with the Management Board, according to the same procedure. Power to dismiss the Executive Director shall be with the Commission. Amendment 39 Article 23, paragraphs 3, 4 and 5 3.  The Executive Director shall be assisted by a Deputy Executive Director. If the Executive Director is absent or indisposed, the Deputy Executive Director shall take his/her place. 4.  The Deputy Executive Director shall be appointed by the Management Board on the grounds of merit and documented administrative and management skills, as well as his/her relevant experience in the field of management of the external borders on the proposal of the Executive Director. The Management Board shall take its decision by a two-thirds majority of all members with a right to vote. Power to dismiss the Deputy Executive Director shall be with the Management Board, according to the same procedure. 5.  The terms of the offices of the Executive Director and the Deputy Executive Director shall be five years. They may be prolonged by the Management Board once for another period of up to five years. 5.  The term of office of the Executive Director shall be five years. This term of office may be prolonged by the Commission once for another period of up to five years. Amendment 40 Article 23a (new) Article 23a Hearing of the Executive Director before the European Parliament Each year the Executive Director shall submit and present to the European Parliament the general report on the Agency's activities. The European Parliament may also request at any time a hearing with the Executive Director on any subject related to the Agency's activities. Amendment 41 Article 24a (new) Article 24a Working languages The Agency shall determine its internal working languages. Amendment 42 Article 25a (new) Article 25a Protection of personal data 1.  Regulation (EC) No 45/2001 shall apply to the processing of personal data by the Agency. 2.  Within six months after the entry into force of the Regulation, the Management Board shall lay down the practical arrangements for the application of paragraph 1. Amendment 43 Article 26, paragraph 1, indent 4a (new) - a contribution from the host Member State. Amendment 44 Article 26, paragraph 3 3.  The Executive Director shall draw up an estimate of the revenues and expenditure of the Agency for the following financial year and shall forward it to the Management Board together with an establishment plan. 3.  The Executive Director shall draw up an estimate of the revenues and expenditure of the Agency for the following financial year and shall forward it to the Management Board together with a provisional establishment plan. Amendment 45 Article 26, paragraph 6 6.  The estimate shall be forwarded by the Commission to the European Parliament and the Council (hereinafter referred to as the "budgetary authority") together with the preliminary draft budget of the European Union. 6.  The estimate and the provisional establishment plan shall be forwarded by the Commission to the European Parliament and the Council (hereinafter referred to as the "budgetary authority") together with the preliminary draft budget of the European Union. Amendment 46 Article 26, paragraph 11, subparagraph 2 Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project. The budgetary authority shall notify the Agency whether it intends to deliver an opinion. It shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project. The Management Board shall defer implementation of the project in question until the opinion has been delivered. Amendment 47 Article 29, paragraph 1 1.  Within three years from the date of the Agency having taken up its responsibilities, and every five years thereafter, the Management Board shall commission an independent external evaluation on the implementation of this Regulation. 1.  Within two years from the date of the Agency having taken up its responsibilities, and every two years thereafter, the Management Board shall commission an independent external evaluation on the implementation of this Regulation, placing particular emphasis on respect for fundamental rights. Amendment 48 Article 29, paragraph 1a (new) 1a. The first evaluation shall also contain the findings of the Agency of the need for and feasibility of setting up a European Border Guard. Amendment 49 Article 29, paragraph 2 2.  The evaluation shall examine how effectively the Agency fulfils its mission. It shall also assess the impact of the Agency and its working practices. The evaluation shall take into account the views of stakeholders, at both European and national level. 2.  The evaluation shall examine how effectively the Agency fulfils its mission. It shall also assess the impact of the Agency, its added value and its working practices. The evaluation shall take into account the views of stakeholders, at both European and national level. Amendment 50 Article 29, paragraph 3 3.  The Management Board shall receive the findings of the evaluation and issue recommendations regarding changes to this Regulation, the Agency and its working practices to the Commission, which may forward them, together with its own opinion as well as appropriate proposals, to the Council. An action plan with a timetable shall be included, if appropriate. Both the findings and the recommendations of the evaluation shall be made public. 3.  The Management Board shall receive the findings of the evaluation and issue recommendations regarding changes to this Regulation, the Agency and its working practices to the Commission, which shall forward them, together with its own opinion as well as appropriate proposals, to the European Parliament and the Council. An action plan with a timetable shall be included, if appropriate. Both the findings and the recommendations of the evaluation shall be made public. Amendment 51 Article 30 The financial rules applicable to the Agency shall be adopted by the Management Board after the Commission has been consulted. They may not depart from the Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, unless specifically required for the Agency's operation and with the Commission's prior consent. The financial rules applicable to the Agency shall be adopted by the Management Board after the Commission has been consulted. They may not depart from the Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, unless specifically required for the Agency's operation and with the Commission's prior consent. The budgetary authority shall be duly informed of such departure. Amendment 52 Article 31 This Regulation shall enter into force on the […] day following that of its publication in the Official Journal of the European Union. This Regulation shall enter into force once a definitive seat for the Agency has been established. The Agency shall take up its responsibilities from 1 January 2005. The decision on the seat shall be taken following a procedure in which Member States interested in obtaining the seat make an offer as to what they are prepared to contribute to the Agency. They shall outline inter alia whether they are willing to provide a building, what other assistance might be given and the expertise available in the Member State in the fields of activity of the Agency. The decision on the seat of the Agency shall be taken by the Council not later than 31 December 2004. The Member State designated to host the Agency shall contribute financially to its setting up.

(1) Not yet published in OJ.