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Parliamentary questions
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13 July 2016
Answer given by Mr Avramopoulos on behalf of the Commission
Question reference: E-001236/2016

The proposal for a regulation on the European Border and Coast Guard (EBCG) provides that the Fundamental Rights Officer is designated by the Management Board. It further states that he or she is independent in the performance of his or her duties and that he or she reports directly to the Management Board and cooperates with the Consultative Forum.

The complaint mechanism is an administrative mechanism whereby the Fundamental Rights Officer will be responsible for handling complaints. Admissible complaints concerning a staff Member of the Agency will be transmitted by the Fundamental Rights Officer to the Executive Director, who will ensure appropriate follow-up, including disciplinary measures. Admissible complaints concerning a border guard of a host Member State or a member of the teams will be forwarded to the home Member State. The Fundamental Rights Officer will register the follow-up by the Agency or that Member State. Criminal investigations will be conducted by the Member States.

The proposal does not provide for an active role for the European Parliament in the monitoring of the complaint mechanism. The European Parliament will receive however an evaluation report by three years from the date of entry into force of the regulation. The evaluation will include a specific analysis on the way that all relevant provisions of the EU Charter of Fundamental Rights were complied with in the application of the regulation.

The Consultative Forum, as a knowledge and expertise resource which advises the Agency in all fundamental rights matters, will offer strategic advice on how the Agency will be able to improve structurally respect for Fundamental Rights in its various activities, namely the complaint mechanism.

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