European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa (COM(2011)0750 — C7-0441/2011 — 2011/0365(COD) — (2013/2503(RSP))
Date: 2013-01-17
Institutions: European Parliament
Subjects: EU police cooperation, EU visa policy, external border of the EU, fund (EU), migration control, public safety




C_2015440EN.01020001.xml










30.12.2015   


EN


Official Journal of the European Union


C 440/200





P7_TA(2013)0019
Instrument for financial support for external borders and visa (Decision on the opening of interinstitutional negotiations)
European Parliament decision of 17 January 2013 on the opening of, and mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa (COM(2011)0750 — C7-0441/2011 — 2011/0365(COD) — (2013/2503(RSP))
(2015/C 440/29)

The European Parliament,






—


having regard to the proposal of the Committee on Civil Liberties, Justice and Home Affairs,










—


having regard to Rules 70(2) and 70a of its Rules of Procedure,












1.


decides to open interinstitutional negotiations on the basis of the following mandate:





MANDATE


Amendment 1


Draft legislative resolution


Paragraph 1 a (new)








Draft legislative resolution




Amendment





 




1a.
   
Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020;







Amendment 2


Draft legislative resolution


Paragraph 1 b (new)








Draft legislative resolution




Amendment





 




1b.
   
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 the existing policy priorities and the new tasks provided for in 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;







Amendment 3


Draft legislative resolution


Paragraph 1 c (new)








Draft legislative resolution




Amendment





 




1c.
   
Emphasises that, in view of the tasks already identified and concluded by the Union, the Commission needs to reflect those policy priorities in a foresighted and adequate manner in the proposal;







Amendment 4


Proposal for a regulation


Recital 1








Text proposed by the Commission




Amendment











(1)


The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union) should be achieved, inter alia, through common measures on the crossing of internal borders by persons and border control at external borders and the common visa policy as part of a 
multi-layer
 system aimed at facilitating 
legitimate
 travel and tackling 
illegal
 immigration.












(1)


The Union's objective of ensuring a high level of security within an area of Freedom, Security and Justice (Article 67(3) of the Treaty on the Functioning of the Union (TFEU)) should be achieved, inter alia, through common measures on the crossing of internal borders by persons and border control at external borders and the common visa policy as part of a 
convergent
 system
, which would allow the exchange of data, a complete situation awareness and is
 aimed at facilitating legitimate travel 
in the Union and international exchanges encouraging and developing cultural diversity and intercultural understanding,
 and tackling 
irregular
 immigration. 
In realising this objective it is necessary to ensure respect for fundamental rights (Article 67(1) of the TFEU) and human dignity in accordance with the provisions of the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and, concerning the development of a common asylum, immigration and external border control policy, the fair treatment of third country nationals (Article 67(2) of the TFEU), respect for their right of asylum and international protection, the principle of non-refoulement and sea rescue of migrants and compliance with the international obligations of the Union and Member States arising from the international instruments, for example the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), to which they are signatory
.









Amendment 5


Proposal for a regulation


Recital 1 a (new)








Text proposed by the Commission




Amendment





 










(1a)






The Union needs a more coherent approach to the internal and external aspects of migration management and internal security, and should establish a correlation between the fight against illegal immigration and the improvement of the security of the external border, and a better cooperation and dialogue with third countries for dealing with illegal immigration and promoting legal migration.











Amendment 6


Proposal for a regulation


Recital 1 b (new)








Text proposed by the Commission




Amendment





 










(1b)






It is necessary to develop an integrated approach to issues arising from the pressure of migration and asylum applications and for the management of Union external borders and provide a budget and adequate resources to cope with emergencies in the spirit of respect for human rights and solidarity between all Member States, while remaining aware of national responsibilities and ensuring a clear division of tasks.











Amendment 7


Proposal for a regulation


Recital 1 c (new)








Text proposed by the Commission




Amendment





 










(1c)






In its resolution of 8 June 2011



 (2)



, the European Parliament, further emphasised the need of developing better synergies between different funds and programs and points to the fact that the simplification of management of funds and allowing cross-financing enable the allocation of more funds to common objectives, welcomed the Commission's intention to reduce the total number of budgetary instruments in Home Affairs in a two-pillar structure and, where possible, under shared management and expressed its belief that this approach should contribute significantly to an increased simplification, rationalisation, consolidation and transparency of the current funds and programmes. It stressed, however, the need to ensure that the different objectives of home affairs policies will not be mixed up.











Justification


Paragraph 109 of the resolution of 8 June 2011‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’


Amendment 8


Proposal for a regulation


Recital 2 a (new)








Text proposed by the Commission




Amendment





 










(2a)






According to the Union Internal Security Strategy, freedom, security and justice are objectives that should be pursued in parallel, and in order to achieve freedom and justice, security should always be pursued in accordance with the principles of the Treaties, the rule of law and Union's fundamental rights obligations.











Amendment 9


Proposal for a regulation


Recital 3








Text proposed by the Commission




Amendment











(3)


Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and the rule of law as well as a strong focus on the global perspective and 
the inextricable link
 with 
external security
 should be key principles guiding the implementation of the Internal Security Strategy.












(3)


Solidarity among Member States, clarity about the division of tasks, respect for fundamental 
freedoms and human
 rights and the rule of law as well as a strong focus on the global perspective and 
full compliance
 with 
Union foreign policy objectives as laid down in Article 21 of the Treaty on European Union (TEU)
 should be key principles guiding the implementation of the Internal Security Strategy.









Amendment 10


Proposal for a regulation


Recital 3 a (new)








Text proposed by the Commission




Amendment





 










(3a)






The Internal Security Fund should take special account of Member States which are facing disproportionate burdens from migratory flows due to their geographical location.











Amendment 11


Proposal for a regulation


Recital 6 a (new)








Text proposed by the Commission




Amendment





 










(6a)






The global resources for this Regulation and for Regulation (EU) No XXX/2012 establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime and crisis management should jointly establish the financial envelope for the entire duration of the Fund, which should constitute the prime reference for the budgetary authority during the annual budgetary procedure in accordance with Point 17 of the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management.











Justification


To mirror recital 8 of the proposal for a regulation establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime and crisis management (COM(2011)0753).


Amendment 12


Proposal for a regulation


Recital 8








Text proposed by the Commission




Amendment











(8)


The Internal Security Fund should express solidarity through financial assistance to those Member States that fully apply the Schengen provisions on external borders as well as to those who are preparing for full participation in Schengen.












(8)


The Internal Security Fund should express solidarity through financial assistance to those Member States that fully apply the Schengen provisions on external borders as well as to those who are preparing for full participation in Schengen
, and that respect international law by providing assistance and protection to those in need
.









Amendment 13


Proposal for a regulation


Recital 11








Text proposed by the Commission




Amendment











(11)


When executing tasks at external borders and consulates in accordance with the Schengen acquis on borders and visas, Member States carry out activities in the interest of and on behalf of all other Member States in the Schengen area and thus performing a public service for the Union. 
To express solidarity, the
 Instrument should contribute to supporting operating costs related to border control and visa policy and enable Member States to systematically maintain capabilities crucial for that service for all. Such support consists of full reimbursement of a choice of costs related to the objectives under this instrument and will form an integral part of the national programmes.












(11)


When executing tasks at external borders and consulates in accordance with the Schengen acquis on borders and visas, Member States carry out activities in the interest of and on behalf of all other Member States in the Schengen area and thus performing a public service for the Union. 
The
 Instrument should contribute to supporting operating costs related to border control and visa policy and enable Member States to systematically maintain capabilities crucial for that service for all. Such support consists of full reimbursement of a choice of 
specific
 costs related to the objectives under this instrument and will form an integral part of the national programmes. 
To avoid duplication, fragmentation and cost inefficiency, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) should coordinate Member States' activities financed under the operating support.











Amendment 14


Proposal for a regulation


Recital 13








Text proposed by the Commission




Amendment











(13)




This
 instrument should be implemented in full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union.












(13)




Respecting the human rights of migrants and refugees is of key importance for the Union. The
 instrument should be implemented in full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union
, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Geneva Convention, the UN Convention on the Law of the Sea, UN human rights treaties and international humanitarian law
.









Amendment 15


Proposal for a regulation


Recital 13 a (new)








Text proposed by the Commission




Amendment





 










(13a)






Uniform and high-quality external border control is essential for strengthening the Area of Freedom, Security and Justice. The Commission should therefore provide specific guidelines which would ensure the coordination between Member States as regards infrastructure, equipment, means of transport, IT systems and contribute to satisfying common security standards.











Amendment 16


Proposal for a regulation


Recital 13 b (new)








Text proposed by the Commission




Amendment





 










(13b)






Pursuant to Article 3 of the TEU, the Instrument should support activities which ensure the protection of children at risk of harm at the external borders.




In particular, the Instrument's activities should promote the identification, immediate assistance and referral to protection services of children at risk, including the provision of special protection and assistance to unaccompanied children.




Regular monitoring and evaluation, including monitoring of expenditure, should be carried out to assess the way in which the protection of children is addressed in the Instrument's activities.











Justification


The EU has committed itself to protecting the rights of the child. These efforts need to be made visible in the implementation and execution of this Regulation.


Amendment 17


Proposal for a regulation


Recital 14








Text proposed by the Commission




Amendment











(14)


To ensure a uniform and high-quality external border control and to facilitate 
legitimate travel across external borders
 within the framework of the EU internal security strategy, the Instrument should contribute to the development of a European common integrated border management system, which includes all the measures involving policy, legislation, systematic co-operation, the distribution of the burden, personnel, equipment and technology taken at different levels by the competent authorities of the Member States, acting in co-operation with the Frontex Agency, with third-countries and, where necessary, with other actors, utilising, inter alia, the four-tier border security model and integrated risk analysis of the European Union.












(14)


To ensure a uniform and high-quality external border control and to 
organise and
 facilitate 
regular migration and mobility
 within the framework of the EU internal security strategy, the Instrument should contribute to the development of a European common integrated border management system, which includes all the measures involving policy, legislation, systematic co-operation, the distribution of the burden, 
assessment of the situation and changing circumstances regarding crossing points for illegal migrants,
 personnel, equipment and technology taken at different levels by the competent authorities of the Member States, acting in co-operation with the Frontex Agency, with third-countries and, where necessary, with other actors, utilising, inter alia, the four-tier border security model and integrated risk analysis of the European Union.









Amendment 18


Proposal for a regulation


Recital 16








Text proposed by the Commission




Amendment











(16)


It should include support for national measures and cooperation between Member States in the area of visa policy and other pre-frontier activities that take place prior to external border controls. The efficient management of activities organised by the services of the Member States in third countries is in the interest of the common visa policy as part of a multi-layered system aimed at facilitating 
legitimate travel and tackling
 irregular immigration into the European Union, and constitutes an integral part of the common integrated border management system.












(16)


It should include support for national measures and cooperation between Member States in the area of visa policy and other pre-frontier activities that take place prior to external border controls
, in particular those which prioritise safe maritime borders and which facilitate regular migration and mobility, while making full use of the Visa Information System (VIS) to promote cost-efficiency and avoid double spending
. The efficient management of activities organised by the services of the Member States in third countries is in the interest of the common visa policy as part of a multi-layered system aimed at facilitating 
regular migration and mobility and preventing
 irregular immigration into the European Union, 
saving people in distress at sea
 and constitutes an integral part of the common integrated border management system.









Amendment 19


Proposal for a regulation


Recital 17








Text proposed by the Commission




Amendment











(17)


Moreover, it should support measures in the territory of the Schengen countries as part of the development of a common integrated border management system which strengthens the overall functioning of the Schengen area.












(17)


Moreover, it should support measures in the territory of the Schengen countries as part of the development of a common integrated border management system which strengthens the overall functioning of the Schengen area. 
Member States should notably devote to EUROSUR the necessary funding in order to ensure the good functioning of the network.











Amendment 20


Proposal for a regulation


Recital 18








Text proposed by the Commission




Amendment











(18)


The Instrument should also support the development by the European Union of IT systems which would equip Member States with the tools to manage the movement of third-country nationals across borders more efficiently and to ensure 
a better
 identification and verification of travellers (‘smart borders’). To this end, a programme should be established the aim of which is to cover cost for the development of both the central and national components of such systems, ensuring technical consistency, cost savings and a smooth implementation in the Member States.












(18)


The Instrument should also support the development by the Union of IT systems which would equip Member States with the tools to manage the movement of third-country nationals across borders more efficiently and to ensure 
more effective
 identification and verification of travellers (‘smart borders’)
, thereby enhancing border security and generating positive economic impacts
. To this end, a programme should be established the aim of which is to cover cost for the development of both the central and national components of such systems, ensuring technical consistency, 
interoperability with other Union IT systems,
 cost savings and a smooth implementation in the Member States.









Amendment 21


Proposal for a regulation


Recital 19








Text proposed by the Commission




Amendment











(19)


To address immediately unforeseen migratory pressure and 
threats
 to border security it should be possible to provide emergency assistance in accordance with the framework set out in Regulation … 2012/EU laying down general provisions on the Asylum and Migration Fund and on the instrument for financial support for police co-operation, preventing and combating crime, and crisis management.












(19)


To address immediately unforeseen migratory pressure and 
risks
 to border security it should be possible to provide emergency assistance in accordance with the framework set out in Regulation … 2012/EU laying down general provisions on the Asylum and Migration Fund and on the instrument for financial support for police co-operation, preventing and combating crime, and crisis management.









Amendment 22


Proposal for a regulation


Recital 20








Text proposed by the Commission




Amendment











(20)


Moreover, in the interest of enhanced solidarity in the Schengen area as a whole, where weaknesses or possible 
threats
 are identified, notably following a Schengen evaluation, the Member State concerned should follow the matter up adequately by using resources under its programmes by priority, where applicable, complementing emergency assistance measures.












(20)


Moreover, in the interest of enhanced solidarity in the Schengen area as a whole, where weaknesses or possible 
risks
 are identified, notably following a Schengen evaluation, the Member State concerned should follow the matter up adequately by using resources under its programmes by priority, where applicable, complementing emergency assistance measures.









Amendment 23


Proposal for a regulation


Recital 21








Text proposed by the Commission




Amendment











(21)


To reinforce solidarity and responsibility sharing, Member States should be encouraged to use a part of the resources available under the programmes for specific priorities defined by the Union, such as the purchase of technical equipment needed by the Frontex Agency and the development of consular co-operation for the Union.












(21)


To reinforce solidarity and responsibility sharing, Member States should be encouraged to use a part of the resources available under the programmes for specific priorities defined by the Union, such as the purchase of technical equipment needed by the Frontex Agency and the development of consular co-operation for the Union 
and the assistance to people in search of international protection
.









Amendment 24


Proposal for a regulation


Recital 21 a (new)








Text proposed by the Commission




Amendment





 










(21a)






Member States should avoid pursuing their own national interests when using the amount allocated under the Instrument for their national programme.











Amendment 25


Proposal for a regulation


Recital 22








Text proposed by the Commission




Amendment











(22)


To safeguard the application of the Schengen acquis throughout the Schengen area, the implementation of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis should also be supported under this Regulation, as an essential tool to accompany the policies ensuring the absence of any controls on persons.












(22)


To safeguard the application of the Schengen acquis throughout the Schengen area, the implementation of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis should also be supported under this Regulation, as an essential tool to accompany the policies ensuring 
a high level of external border protection and
 the absence of any controls on persons 
within the Schengen area
.









Amendment 26


Proposal for a regulation


Recital 23








Text proposed by the Commission




Amendment











(23)


In light of the experiences gained with the External Borders Fund and the development of the SIS and VIS, it is considered appropriate to allow for flexibility regarding possible transfers of resources between the different means of implementation of the objectives pursued under the Instrument, without prejudice to the principle of ensuring from the start a critical mass and financial stability for the programmes and the operating support for Member States.












(23)


In light of the experiences gained with the External Borders Fund and the development of the SIS 
II
 and VIS, it is considered appropriate to allow for 
a certain degree of
 flexibility regarding possible transfers of resources between the different means of implementation of the objectives pursued under the Instrument, without prejudice to the principle of ensuring from the start a critical mass and financial stability for the programmes and the operating support for Member States 
and the scrutiny of the budget authority
.









Amendment 27


Proposal for a regulation


Recital 24








Text proposed by the Commission




Amendment











(24)


In the same vein, the scope of the actions and the ceiling for resources which remain available to the Union (‘Union actions’) should be increased to enhance the capacity of the Union to carry out in a given budget year multiple activities on the management of external borders and the common visa policy in the interest of the Union as a whole, when and insofar as the needs arise. Such Union actions include studies and pilot projects to further the policy and its application, measures or arrangements in third countries addressing migratory pressures from those countries in the interest of an optimal management of migration flows into the Union and an efficient organisation of the related tasks at external borders and consulates.












(24)


In the same vein, the scope of the actions and the ceiling for resources which remain available to the Union (‘Union actions’) should be increased to enhance the capacity of the Union to carry out in a given budget year multiple activities on the management of external borders and the common visa policy in the interest of the Union as a whole, when and insofar as the needs arise. Such Union actions include studies and pilot projects to further the policy and its application, 
training of border guards in the protection of human rights,
 measures or arrangements in third countries addressing migratory pressures from those countries in the interest of an optimal management of migration flows into the Union and an efficient organisation of the related tasks at external borders and consulates.









Amendment 28


Proposal for a regulation


Recital 26 a (new)








Text proposed by the Commission




Amendment





 










(26a)






The TFEU provides for delegated acts only as non-legislative acts of general application relating to non-essential elements of a legislative act. Any essential element should be laid down in the legislative act in question.











Amendment 29


Proposal for a regulation


Recital 26 b (new)








Text proposed by the Commission




Amendment





 










(26b)






Spending of funds in this area should be better coordinated in order to assure complementarity, a better efficiency and visibility, as well as to achieve better budgetary synergies.











Amendment 30


Proposal for a regulation


Recital 26 c (new)








Text proposed by the Commission




Amendment





 










(26c)






There is a need to maximise the impact of Union funding by mobilising, pooling and leveraging public and private financial resources.











Amendment 31


Proposal for a regulation


Recital 26 d (new)








Text proposed by the Commission




Amendment





 










(26d)






Utmost transparency, accountability and democratic scrutiny for innovative financial instruments and mechanisms that involve the Union budget should be ensured.











Amendment 32


Proposal for a regulation


Recital 26 e (new)








Text proposed by the Commission




Amendment





 










(26e)






Improving implementation and quality of spending should constitute guiding principles for achieving the objectives of the Instrument while ensuring optimal use of the financial resources.











Amendment 33


Proposal for a regulation


Recital 26 f (new)








Text proposed by the Commission




Amendment





 










(26f)






It is important to ensure the sound financial management of the Instrument and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the Instrument to all participants.











Amendment 34


Proposal for a regulation


Recital 26 g (new)








Text proposed by the Commission




Amendment





 










(26 g)






The Commission should annually monitor the implementation of the Instrument with the aid of key indicators for assessing results and impacts. The indicators, including relevant baselines, should provide the minimum basis for assessing the extent to which the objectives of the Instrument have been achieved.











Amendment 35


Proposal for a regulation


Recital 26 h (new)








Text proposed by the Commission




Amendment





 










(26h)






Where the Commission implements the budget under shared management, implementation tasks should be delegated to Member States. The Commission and the Member States should respect the principles of sound financial management, transparency and non-discrimination and ensure the visibility of Union action when they manage Union funds. To this end, the Commission and the Member States should fulfil their respective control and audit obligations, and assume the resulting responsibilities laid down in this Regulation. Complementary provisions should be laid down in sector-specific rules.











Amendment 36


Proposal for a regulation


Recital 28








Text proposed by the Commission




Amendment











(28)


The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.












(28)


The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of 
all
 relevant documents to the European Parliament and 
to the
 Council.









Amendment 37


Proposal for a regulation


Article 2 — point a a (new)








Text proposed by the Commission




Amendment





 










(aa)





‘common security standards’ means the application of operational measures in a common and unfragmented manner to obtain a well defined level of security in the border control domain, following the guidelines for good governance on borders and visa, according to the Schengen catalogue for external border control, the Practical Handbook for border guards and the Handbook on visa, and the EUROSUR guidelines;










Amendment 38


Proposal for a regulation


Article 3 — paragraph 1








Text proposed by the Commission




Amendment





1.   The general objective of the Instrument shall be to contribute to ensuring a high level of security 
in the European Union
.


1.   The general objective of the Instrument shall be to contribute to ensuring a high level of security 
and a uniform and high-quality external border control, while facilitating mobility in a secure environment, in compliance with the Union's commitment to fundamental freedoms and human rights. This objective shall be fulfilled in accordance with the international obligations of the Union and its Member States regarding fundamental freedoms and human rights, including child protection of third-country nationals, the principle of non-refoulement, the right of asylum recognised under the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Geneva Convention; and Union data protection rules.







Amendment 39


Proposal for a regulation


Article 3 — paragraph 2 — introductory part








Text proposed by the Commission




Amendment





2.   Within the general objective set out in paragraph 1, the Instrument shall contribute — in line with the priorities identified in relevant EU Strategies, programmes
, threat
 and risk assessments — to the following specific objectives:


2.   Within the general objective set out in paragraph 1, the Instrument shall contribute — in line with the priorities identified in relevant Union's strategies, programmes and risk assessments — to the following specific objectives:





Amendment 40


Proposal for a regulation


Article 3 — paragraph 2 — point a — subparagraph 1








Text proposed by the Commission




Amendment











(a)


supporting a common visa policy to facilitate legitimate travel, ensure equal treatment of third country nationals and 
tackle
 irregular migration












(a)


supporting a common visa policy to facilitate legitimate travel 
and mobility
, 
provide a high quality of service to visa applicants,
 ensure equal treatment 
in respect of Union citizens, on the one hand, and in respect of
 third country nationals 
on the other,
 and 
prevent
 irregular migration









Amendment 41


Proposal for a regulation


Article 3 — paragraph 2 — point a — subparagraph 2








Text proposed by the Commission




Amendment





The achievement of this objective shall be measured against indicators such as, inter alia, the 
number
 of consular posts equipped, secured and/or enhanced to ensure the efficient processing of visa applications and provide quality of service to visa applicants


The achievement of this objective shall be measured against indicators such as, inter alia, the 
percentage
 of consular posts equipped, secured and/or enhanced to ensure the efficient processing of visa applications and provide quality of service to visa applicants
, the percentage of overstayers per nationality, the number of common visa application centres, the average length of waiting time for the visa application to be decided upon, the share of multiple entry visas and the average visa cost per consular post.







Amendment 42


Proposal for a regulation


Article 3 — paragraph 2 — point b — subparagraph 1








Text proposed by the Commission




Amendment











(b)


supporting borders management, to ensure, on one hand, a high level of 
protection
 of external borders and, on the other hand, the smooth crossing of the external borders in conformity with the Schengen acquis












(b)


supporting 
EU integrated
 borders management, 
promoting further harmonisation and standardisation
 to ensure, on one hand, a high level of 
control
 of external borders and, on the other hand, the smooth crossing of the external borders in conformity with the Schengen acquis
, while guaranteeing access to international protection for those needing it, in accordance with the obligations contracted by the Member States in the field of human rights, including the principle of non-refoulement.











Amendment 43


Proposal for a regulation


Article 3 — paragraph 2 — point b — subparagraph 2








Text proposed by the Commission




Amendment





The achievement of this objective shall be measured against indicators such as, inter alia, 
the development of
 equipment 
for border control and
 the apprehensions of irregular third-country nationals at the external border in correspondence with the risk of the relevant section of the external border.


The achievement of this objective shall be measured against indicators such as, inter alia, 
the number of border crossing points equipped with IT systems, communication infrastructure and
 equipment 
supporting the management of migration flows,
 the apprehensions of irregular third-country nationals at the external border in correspondence with the risk of the relevant section of the external border 
and the average waiting time at the border crossing points
.





Amendment 44


Proposal for a regulation


Article 3 — paragraph 2 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






improving border surveillance by sharing operational information between Members States and Frontex in order to reduce the loss of lives at sea and the number of irregular immigrants and increase internal security by preventing cross-border crimes, such as trafficking in human beings and the smuggling of drugs.



The achievement of this objective shall be measured against indicators such as, inter alia, the efficiency of the intervention of search and rescue for persons attempting to cross the border illegally, the number of trafficking and smuggling actions intercepted and the number of alarms identified in the European Situational Picture.










Amendment 45


Proposal for a regulation


Article 3 — paragraph 2 — last subparagraph (new)








Text proposed by the Commission




Amendment





 




Member States shall provide the Commission with the necessary information that is required for the assessment of the achievements, as measured against the indicators. The Commission shall be responsible for the assessment of the achievements.







Amendment 46


Proposal for a regulation


Article 3 — paragraph 3 — point a








Text proposed by the Commission




Amendment











(a)


promoting the development and implementation of policies ensuring the absence of any controls on persons, whatever their nationality, when crossing the internal borders, carrying out checks on persons and monitoring efficiently the crossing of external borders;












(a)


promoting the development and implementation 
and enforcement
 of policies ensuring the absence of any controls on persons, whatever their nationality, when crossing the internal borders, carrying out checks on persons and monitoring efficiently the crossing of external borders;









Amendment 47


Proposal for a regulation


Article 3 — paragraph 3 — point a a (new)








Text proposed by the Commission




Amendment





 










(aa)






promoting the identification, immediate assistance and referral to protection services of children at risk, including the provision of special protection and assistance to unaccompanied children;











Amendment 48


Proposal for a regulation


Article 3 — paragraph 3 — point b








Text proposed by the Commission




Amendment











(b)


gradually establishing an integrated management system for external borders, including the reinforcement of interagency co-operation between migration and law enforcement authorities of Member States at the external borders and measures within the territory and the necessary flanking measures related to document security 
and
 identity management;












(b)


gradually establishing an integrated management system
, based on solidarity and responsibility among others,
 for external borders, including the reinforcement of 
the Union border checks and surveillance systems, the
 interagency co-operation between migration
, asylum
 and law enforcement authorities of Member States at the external borders and measures within the territory
, including in the maritime border area,
 and the necessary flanking measures related to 
saving lives at sea,
 document security, identity management 
and the interoperability of acquired technical equipment, while ensuring full compliance with Union data protection rules and full respect of the rights and principles enshrined in the Charter of Fundamental Rights of the European Union
;









Amendment 49


Proposal for a regulation


Article 3 — paragraph 3 — point c








Text proposed by the Commission




Amendment











(c)


promoting the development and implementation of the common policy on visas and other short-stay residence permits, including consular co-operation;












(c)


promoting the development and implementation of the common policy on visas and other short-stay residence permits, including consular co-operation 
and consular coverage, the promotion of common investigative practices concerning visa applications, uniform administrative procedures and decisions on visas, the development of common visa application centres, making full use of practical improvements and flexibility provided by the Visa Code
;









Amendment 50


Proposal for a regulation


Article 3 — paragraph 3 — point d








Text proposed by the Commission




Amendment











(d)


setting up and running IT systems, their communication infrastructure and equipment 
supporting
 the 
management
 of 
migration flows across
 the external borders of the Union;












(d)


setting up and running IT systems, their communication infrastructure and equipment 
that support
 the 
control
 of 
crossings at
 the external borders of the Union 
and fully respect personal data protection legislation
;









Amendment 51


Proposal for a regulation


Article 3 — paragraph 3 — point d a (new)








Text proposed by the Commission




Amendment





 










(da)






harmonising the quality of the border management systems between the different Member States;











Amendment 52


Proposal for a regulation


Article 3 — paragraph 3 — point d b (new)








Text proposed by the Commission




Amendment





 










(db)






reinforcing the situational awareness at the external borders and the reaction capabilities of Member States;











Amendment 53


Proposal for a regulation


Article 3 — paragraph 3 — point d c (new)








Text proposed by the Commission




Amendment





 










(dc)






improving the capacity and the qualifications of all authorities and border guards operating at border-crossing points as regards the execution of their surveillance, advisory and control tasks with respect to international human rights law;











Amendment 54


Proposal for a regulation


Article 3 — paragraph 3 — point e








Text proposed by the Commission




Amendment











(e)


ensuring the efficient and uniform application of the Union’s acquis on borders and visas, 
including the
 functioning of the Schengen evaluation and monitoring mechanism;












(e)


ensuring the efficient and uniform application of the Union’s acquis on borders
, asylum
 and visas
, in particular by ensuring the effective
 functioning of the Schengen evaluation and monitoring mechanism;









Amendment 55


Proposal for a regulation


Article 3 — paragraph 3 — point f








Text proposed by the Commission




Amendment











(f)


reinforcing the co-operation between Member States operating in third countries as regards the flows of third-country nationals into the territory of Member States, as well as the co-operation with third countries in this regard.












(f)


reinforcing the co-operation between Member States operating in third countries as regards 
the funding for measures in third countries by the authorities of those countries,
 the flows of third-country nationals into the territory of Member States, as well as the co-operation with third countries in this regard
, in full compliance with the objectives and principles of Union external action and humanitarian policy
.









Amendment 56


Proposal for a regulation


Article 4 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment





1.   Within the objectives defined in Article 3, and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of Regulation (EU) No …/2012 [Horizontal Regulation], the Instrument shall support actions in or by Member States and in particular the following:


1.   Within the objectives defined in Article 3, and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of Regulation (EU) No …/2012 [Horizontal Regulation], the Instrument shall support actions in or by Member States
, contributing to reach an adequate level of protection at its external borders in compliance with common security standards
 and in particular the following:





Amendment 57


Proposal for a regulation


Article 4 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


border crossing infrastructures, buildings and systems required at border crossing points and for surveillance between border crossing points and effective tackling of 
illegal
 crossing of the external borders;












(a)


border crossing infrastructures, buildings and systems required at border crossing points and for surveillance between border crossing points and effective tackling of 
irregular
 crossing of the external borders;









Amendment 58


Proposal for a regulation


Article 4 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


operating equipment, means of transport and communication systems required for effective border control and the detection of persons, such as fixed terminals for VIS, SIS and the European Image Archiving System (FADO), including state-of-the-art technology;












(b)


operating equipment, means of transport and communication systems required for effective 
and secure
 border control
, search and rescue
 and the detection of persons, such as fixed terminals for VIS, SIS and the European Image Archiving System (FADO), including state-of-the-art technology;









Amendment 59


Proposal for a regulation


Article 4 — paragraph 1 — point d








Text proposed by the Commission




Amendment











(d)


infrastructures, buildings and operating equipment required for the processing of visa applications and consular co-operation;












(d)


infrastructures, buildings and operating equipment required for the processing of visa applications and consular co-operation
, as well as other actions aimed at improving the quality of service for the visa applicants
;









Amendment 60


Proposal for a regulation


Article 4 — paragraph 1 — point d a (new)








Text proposed by the Commission




Amendment





 










(da)






training regarding the use of the related systems and promotion of quality management standards;











Amendment 61


Proposal for a regulation


Article 4 — paragraph 1 — point e








Text proposed by the Commission




Amendment











(e)


studies, 
pilot
 projects and actions aiming to foster interagency cooperation within Member States and between Member States, and implementing the recommendations, operational standards and best practices resulting from the operational cooperation between Member States and Union Agencies.












(e)


studies, projects
, joint initiatives, trainings
 and actions 
on cross-cutting issues such as fundamental rights including child protection of third-country nationals
 aiming to foster interagency cooperation within Member States and between Member States, 
interoperability and harmonisation of border management systems,
 and implementing the recommendations, operational standards and best practices resulting from the operational cooperation between Member States and Union Agencies.









Amendment 62


Proposal for a regulation


Article 4 — paragraph 1 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)






initiatives regarding the training of border guards in the protection of human rights including identification of victims of human trafficking;











Amendment 63


Proposal for a regulation


Article 4 — paragraph 2 — introductory part








Text proposed by the Commission




Amendment





2.   Within the objectives defined in Article 3, this instrument shall support actions in relation to and in third countries and in particular the following:


2.   Within the objectives defined in Article 3, 
and in the light of the agreed conclusions of the policy dialogue as provided for in Article 13 of Regulation (EU) No …/2012 [Horizontal Regulation],
 this instrument shall support actions in relation to and in third countries and in particular the following:





Amendment 64


Proposal for a regulation


Article 4 — paragraph 2 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






projects in third countries aimed at improving surveillance systems to ensure cooperation with the EUROSUR network;











Amendment 65


Proposal for a regulation


Article 4 — paragraph 2 — point c








Text proposed by the Commission




Amendment











(c)


studies
, events
, training, equipment and pilot projects to provide ad hoc technical and operational expertise to third countries;












(c)


studies, training, equipment and pilot projects to provide ad hoc technical and operational expertise to third countries;









Amendment 66


Proposal for a regulation


Article 4 — paragraph 2 — point d








Text proposed by the Commission




Amendment











(d)


studies
, events
, training, equipment and pilot projects implementing specific recommendations, operational standards and best practices, resulting from the operational cooperation between Member States and Union agencies in third countries.












(d)


studies, training, equipment and pilot projects 
on cross-cutting issues such as fundamental rights, including child protection, of third-country nationals,
 implementing specific recommendations, operational standards and best practices, resulting from the operational cooperation between Member States and Union agencies in third countries.









Justification


While strengthening of border controls may be necessary, the particular needs of vulnerable people and groups, such as unaccompanied minors, should not be forgotten.


Amendment 67


Proposal for a regulation


Article 4 — paragraph 2 — point d a (new)








Text proposed by the Commission




Amendment





 










(da)






initiatives for the training of border guards regarding the protection of human rights;











Amendment 68


Proposal for a regulation


Article 4 — paragraph 2 — subparagraph 1a (new)








Text proposed by the Commission




Amendment





 




Coordination as regards actions in and in relation to third countries shall be ensured by the Commission and the Member States, together with the European External Action Service, as set out in Article 3(4a) of Regulation (EU) No …./2013 [the Horizontal Regulation].







Amendment 69


Proposal for a regulation


Article 5 — paragraph 2








Text proposed by the Commission




Amendment





2.   The annual appropriations shall be authorised by the budgetary authority 
within
 the 
limits
 of the 
Financial Framework
.


2.   The annual appropriations 
for the Fund
 shall be authorised by the budgetary authority 
without prejudice to
 the 
provisions
 of the 
Council Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management
.





Amendment 70


Proposal for a regulation


Article 5 — paragraph 4 — subparagraph 1








Text proposed by the Commission




Amendment





4.   The budget allocated under the Instrument shall be implemented under shared management in accordance with Article 55(1)(b) of Regulation (EU) No …./2012 [New Financial Regulation]
, with the exception of Union actions referred to in Article 13, the emergency assistance referred to in Article 14 and the technical assistance referred to in Article 16(1)
.


4.   The budget allocated under the Instrument shall be implemented under 
direct management (in particular the Union actions referred to in Article 13, the emergency assistance referred to in Article 14 and the technical assistance referred to in Article 16(1)) or under
 shared management in accordance with Article 55(1)(b) of Regulation (EU) No …./2012 [New Financial Regulation].





Justification


Implementation of the EU's budget under shared management should be the exception, not the rule.


Amendment 71


Proposal for a regulation


Article 5 — paragraph 4 — subparagraph 2








Text proposed by the Commission




Amendment





The method(s) of implementation of the budget for the programme on the development of new IT systems shall be set out in 
the implementing act referred to in Article 15
(
2
).


The method(s) of implementation of the budget for the programme on the development of new IT systems shall be set out in 
delegated act
(
s
).





Amendment 72


Proposal for a regulation


Article 5 — paragraph 4 a (new)








Text proposed by the Commission




Amendment





 




4a.
   
The Commission remains responsible for the implementation of the Union budget in accordance with Article 317 TFEU and shall inform the European Parliament and the Council on the operations carried out by entities other than Member States.







Justification


Bringing the wording into line with the revised Financial Regulation.


Amendment 73


Proposal for a regulation


Article 5 — paragraph 5 — introductory part








Text proposed by the Commission




Amendment





5.   
The
 global resources shall be used 
indicatively
 as follows:


5.   
Without prejudice to the prerogatives of the budgetary authority, the
 global resources shall be used as follows:





Amendment 74


Proposal for a regulation


Article 6 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment





1.   
EUR 2,000 million
 shall be allocated to the Member States 
indicatively
 as follows:


1.   
The 67 % of the global resources foreseen for the national programmes
 shall be allocated to the Member States as follows:





Amendment 75


Proposal for a regulation


Article 6 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)




EUR 1,200 million, as indicated in Annex I
;












(a)




34 % as follows:










(i)






a basic amount of EUR 5 million per Member State at the beginning of the financial period; and














(ii)






a variable amount per Member State calculated on the basis of the average of the amount received under Decision 574/2007/EC for the years 2011, 2012 and 2013;















Amendment 76


Proposal for a regulation


Article 6 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)




EUR 450 million
, based on the results of the mechanism described in Article 7;












(b)




13 %
, based on the results of the mechanism described in Article 7;









Amendment 77


Proposal for a regulation


Article 6 — paragraph 1 — point c








Text proposed by the Commission




Amendment











(c)


in the framework of the mid term review and for the period as of budget year 2018, 
EUR 350 million
, the remainder of the available appropriations under this Article or another amount, as determined pursuant to paragraph 2, based on the results of the risk analysis and the mechanism laid down in Article 8.












(c)


in the framework of the mid term review and for the period as of budget year 2018, 
10 %
, the remainder of the available appropriations under this Article or another amount, as determined pursuant to paragraph 2, based on the results of the risk analysis and the mechanism laid down in Article 8.









Amendment 78


Proposal for a regulation


Article 6 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




1a.
   
The Commission shall adopt, by implementing acts, the financial decision implementing point (a) of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2).







Amendment 79


Proposal for a regulation


Article 6 — paragraph 1 b (new)








Text proposed by the Commission




Amendment





 




1b.
   
Member States shall devote to EUROSUR the necessary funding in order to ensure the good functioning of this system.







Amendment 80


Proposal for a regulation


Article 7 — paragraph 1








Text proposed by the Commission




Amendment





1.   Member States may, in addition to their allocation calculated in accordance with point (a) of Article 6(1), receive an additional amount, provided that it is earmarked as such in the programme and shall be used to achieve specific actions listed in Annex II.


1.   Member States may, in addition to their allocation calculated in accordance with point (a) of Article 6(1), receive an additional amount, provided that it is earmarked as such in the 
national
 programme and shall be used to achieve specific actions listed in Annex II.





Amendment 81


Proposal for a regulation


Article 7 — paragraph 2








Text proposed by the Commission




Amendment





2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 17 for the revision of the specific actions listed in Annex II
, if deemed appropriate
. On the basis of the new specific actions, Member States may receive an additional amount as laid down in paragraph 1, subject to available resources.


2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 17 for the revision of the specific actions listed in Annex II. On the basis of the new specific actions, Member States may receive an additional amount as laid down in paragraph 1, subject to available resources 
and provided the budgetary authority is informed on time
.





Amendment 82


Proposal for a regulation


Article 8 — paragraph 1 — subparagraph 1








Text proposed by the Commission




Amendment





1.   In order to allocate the amount indicated in point c) of Article 6(1), by 
1 June
 2017 the Commission shall establish, on the basis of input and in consultation with the Frontex Agency, a report which, in accordance with the Frontex risk analysis, shall set up threat levels at the external borders for the period 2017-2020. Threat levels will be based on the burden in border management and on the threats that affected security at the external borders of the Member States in 2014-2016 and they will take into account inter alia possible future trends on migratory flows and unlawful activities at the external borders considering the likely political, economic and social developments in the third countries concerned, in particular in neighbouring countries.


1.   In order to allocate the amount indicated in point (c) of Article 6(1), by 
1 January
 2017 the Commission shall establish, on the basis of input and in consultation with the Frontex Agency 
and EASO
, a report which, in accordance with the Frontex risk analysis, shall set up threat levels at the external borders for the period 2017-2020. Threat levels will be based on the burden in border management
, assessment reports drawn up as part of the Schengen evaluation and monitoring mechanism
 and on the threats that affected security 
and safety, including search and rescue operations at sea,
 at the external borders of the Member States in 2014-2016 and they will take into account inter alia possible future trends on migratory flows and unlawful activities at the external borders considering the likely political, economic and social developments in the third countries concerned, in particular in neighbouring countries.





Amendment 83


Proposal for a regulation


Article 8 — paragraph 1 — subparagraph 2 — introductory part








Text proposed by the Commission




Amendment





The report shall determine the level of 
threat
 for each section of the external border by multiplying the length of the border section concerned with the weighing attributed to it as follows:


The report shall determine the level of 
risk
 for each section of the external border by multiplying the length of the border section concerned with the weighing attributed to it as follows:





Amendment 84


Proposal for a regulation


Article 8 — paragraph 1 — subparagraph 2 — point a — point i








Text proposed by the Commission




Amendment











(i)


factor 1 for normal 
threat














(i)


factor 1 for normal 
risk











Amendment 85


Proposal for a regulation


Article 8 — paragraph 1 — subparagraph 2 — point a — point ii








Text proposed by the Commission




Amendment











(ii)


factor 3 for medium 
threat














(ii)


factor 3 for medium 
risk











Amendment 86


Proposal for a regulation


Article 8 — paragraph 1 — subparagraph 2 — point a — point iii








Text proposed by the Commission




Amendment











(iii)


factor 5 for high 
threat
;












(iii)


factor 5 for high 
risk
;









Amendment 87


Proposal for a regulation


Article 8 — paragraph 1 — subparagraph 2 — point b — point i








Text proposed by the Commission




Amendment











(i)


factor 1 for normal 
threat














(i)


factor 1 for normal 
risk











Amendment 88


Proposal for a regulation


Article 8 — paragraph 1 — subparagraph 2 — point b — point ii








Text proposed by the Commission




Amendment











(ii)


factor 3 for medium 
threat














(ii)


factor 3 for medium 
risk











Amendment 89


Proposal for a regulation


Article 8 — paragraph 1 — subparagraph 2 — point b — point iii








Text proposed by the Commission




Amendment











(iii)


factor 5 for high 
threat
.












(iii)


factor 5 for high 
risk
.









Amendment 90


Proposal for a regulation


Article 8 — paragraph 1 — subparagraph 3








Text proposed by the Commission




Amendment





On the basis of the report, the Commission shall determine which Member States will receive an additional amount. Those Member States which have an increased 
threat
 level in comparison to the 
threat level established
 for the calculation made for the budget year 2013 under Decision 574/2007/EC will receive pro rata additional resources.


On the basis of the report, 
and after informing
 the 
European Parliament, the
 Commission shall determine which Member States will receive an additional amount. Those Member States which have an increased level 
of risk
 in comparison to the 
risks identified
 for the calculation made for the budget year 2013 under Decision No 574/2007/EC will receive pro rata additional resources.





Amendment 91


Proposal for a regulation


Article 8 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


external maritime borders shall mean the outer limit of the territorial sea of the Member States as defined according to Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in 
order to prevent irregular migration/illegal entry,
 this 
shall
 be the outer limit of 
high threat areas
. This shall be determined by taking into account the relevant data on these operations in 2014-2016 as provided by the Member States in question.












(b)


external maritime borders shall mean the outer limit of the territorial sea of the Member States as defined according to Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in 
high risk areas
, this 
may
 be the outer limit of 
a contiguous zone as defined in Article 33 of the United Nations Convention on the Law of the Sea
. This shall be determined by taking into account the relevant data on these operations in 2014-2016 as provided by the Member States in question.









Amendment 92


Proposal for a regulation


Article 8 — paragraph 3 — subparagraph 2








Text proposed by the Commission




Amendment







To that end, the Commission shall be empowered to adopt delegated acts in accordance with Article 17 for the revision of the specific actions listed in Annex II.






deleted







Justification


This part is deleted because the same text already exists in Article 7(2).


Amendment 93


Proposal for a regulation


Article 9 — paragraph 1








Text proposed by the Commission




Amendment





1.   The national programme to be prepared under this Instrument and 
those
 to be prepared under Regulation No …/2012/EU establishing as part of the Internal Security Fund, the instrument for financial support for police co-operation, preventing and combating crime, and crisis management shall be drawn up jointly by Member States and proposed to the Commission as one single national programme for the Fund and in accordance with Article 14 of Regulation (EU) No …./2012 [Horizontal Regulation].


1.   The national programme to be prepared
, on the basis of the conclusions of the policy dialogue referred to in Article 13 of Regulation(EU) No …./2012 [Horizontal Regulation],
 under this Instrument and 
that
 to be prepared under Regulation No …/2012/EU establishing as part of the Internal Security Fund, the instrument for financial support for police co-operation, preventing and combating crime, and crisis management shall be drawn up jointly by Member States and proposed to the Commission as one single national programme for the Fund and in accordance with Article 14 of Regulation (EU) No …./2012 [Horizontal Regulation].





Amendment 94


Proposal for a regulation


Article 9 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


supporting and expanding the existing capacity at national level in the management of the external borders, bearing in mind inter alia 
new technology
, developments and/or standards in relation to the management of migration flows;












(b)


supporting and expanding the existing capacity at national level in 
visa policy and in
 the management of the external borders, 
with a view to prevent irregular migration and lives lost at sea, and to facilitate legitimate travel, including border crossings by persons in need of international protection,
 bearing in mind inter alia, developments and/or standards in relation to the management of migration flows;









Amendment 95


Proposal for a regulation


Article 9 — paragraph 2 — point c








Text proposed by the Commission




Amendment











(c)


supporting the further development of the management of migration flows by consular and other services of the Member State in third countries, with a view to facilitating 
legitimate
 travel 
to
 and preventing irregular migration into the Union;












(c)


supporting the further development of the management of migration flows by consular and other services of the Member State in third countries, with a view to facilitating travel 
in accordance with the law of the Union or the Member State concerned
 and preventing irregular migration into the Union;









Justification


The term ‘legitimate’ is ambiguous and it is necessary to be more precise.


Amendment 96


Proposal for a regulation


Article 9 — paragraph 2 — point d a (new)








Text proposed by the Commission




Amendment





 










(da)






developing projects following the recommendation of the relevant Union agencies, with a view to ensure a uniform and high-quality external border control and aiming at standardisation and interoperability of border management systems between Member States;











Amendment 97


Proposal for a regulation


Article 9 — paragraph 2 — point d b (new)








Text proposed by the Commission




Amendment





 










(db)






supporting actions, under supervision and coordination of the Frontex Agency, aimed at harmonising at Union level the technological capabilities of the external border management;











Amendment 98


Proposal for a regulation


Article 9 — paragraph 2 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)






ensuring the full compliance with international and European obligations, including human rights obligations and the monitoring thereof, in close cooperation with third countries and civil society;











Amendment 99


Proposal for a regulation


Article 9 — paragraph 2 — point f








Text proposed by the Commission




Amendment











(f)




increasing
 the capacity to face upcoming challenges including present and future threats and pressures at the external borders of the Union, taking into account in particular the Frontex risk analysis.












(f)




building
 the capacity to face upcoming challenges including present and future threats and pressures at the external borders of the Union, taking into account in particular the Frontex risk analysis.









Amendment 100


Proposal for a regulation


Article 10 — paragraph 1








Text proposed by the Commission




Amendment





1.   A Member State may use up to 
50 %
 of the amount allocated under the Instrument to its national programme to finance operating support to the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union. These tasks and services relate to the one or more of the objectives referred to in Article 3
(2)
 (a), (c) and (d).


1.   A Member State may use up to 
30 %
 of the amount allocated under the Instrument to its national programme to finance operating support to the public authorities responsible for accomplishing the tasks and services which constitute a public service for the Union. These tasks and services relate to the one or more of the objectives referred to in Article 3
(3)
 (a), 
(b),
 (c) and (d).





Amendment 101


Proposal for a regulation


Article 10 — paragraph 2 — point a








Text proposed by the Commission




Amendment











(a)


compliance with the Union acquis on borders and visa;












(a)


compliance with the Union acquis on borders
, asylum
 and visa;









Amendment 102


Proposal for a regulation


Article 10 — paragraph 2 — point a a (new)








Text proposed by the Commission




Amendment





 










(aa)






compliance with the objectives of the national programme;











Amendment 103


Proposal for a regulation


Article 10 — paragraph 2 — point a b (new)








Text proposed by the Commission




Amendment





 










(ab)






compliance with a list of priorities defined by the Frontex Agency in order to reach the common security standards and ensure coordination between Member States, avoid duplication, fragmentation and cost inefficiency in the border control domain;











Amendment 104


Proposal for a regulation


Article 10 — paragraph 5 a (new)








Text proposed by the Commission




Amendment





 




5a.
   
If shortcomings are identified through the Schengen evaluation mechanism, operational support shall be suspended and these resources may be reallocated with a view to remedying the shortcomings identified in accordance with the provisions of Article 12 of that Regulation.







Amendment 105


Proposal for a regulation


Article 10 — paragraph 6








Text proposed by the Commission




Amendment





6.   The Commission shall set out, by 
implementing
 acts, reporting procedures on the application of this provision and any other practical arrangements, to be made between Member States and the Commission to comply with this Article. Those 
implementing
 acts shall be adopted in accordance with 
the examination procedure referred to in
 Article 
18(2)
.


6.   The Commission shall set out, by 
delegated
 acts, reporting procedures on the application of this provision and any other practical arrangements, to be made between Member States and the Commission to comply with this Article. Those 
delegated
 acts shall be adopted in accordance with Article 
17
.





Amendment 106


Proposal for a regulation


Article 10 — paragraph 6 a (new)








Text proposed by the Commission




Amendment





 




6a.
   
The Frontex Agency shall ensure coordination between Member States as regards the activities financed under the operating support.







Amendment 107


Proposal for a regulation


Article 11 — paragraph 2








Text proposed by the Commission




Amendment





2.   The resources allocated to Lithuania pursuant to paragraph 1 shall not exceed 
EUR 150 million
 for the period 2014-2020 and shall be made available as additional specific operating support for Lithuania.


2.   The resources allocated to Lithuania pursuant to paragraph 1 shall not exceed 
4 % of the global resources
 for the period 2014-2020 and shall be made available as additional specific operating support for Lithuania.





Amendment 108


Proposal for a regulation


Article 12 — subparagraph 1








Text proposed by the Commission




Amendment





Following a Schengen evaluation report, as adopted in accordance with the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, the Member State concerned shall examine, together with the Commission and the Frontex Agency, where appropriate, how to address the 
findings
 and implement the recommendations within the framework of its national programme.


Following a Schengen evaluation report, as adopted in accordance with the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, the Member State concerned shall examine, together with the Commission and the Frontex Agency, where appropriate, how to address the 
deficiencies
 and implement the recommendations within the framework of its national programme.





Amendment 109


Proposal for a regulation


Article 12 — subparagraph 2








Text proposed by the Commission




Amendment







Where necessary,
 a Member State shall revise its national programme to take into account the findings and recommendations.


A Member State shall revise its national programme to take into account the findings and recommendations.





Amendment 110


Proposal for a regulation


Article 12 — subparagraph 3








Text proposed by the Commission




Amendment





In dialogue with the Commission and the Frontex Agency, 
where appropriate, it
 shall reallocate resources under its programme, including
, where necessary,
 those programmed for operating support, and/or introduce or amend actions aiming to remedy the weaknesses in accordance with the findings and recommendations of the Schengen evaluation report.




Particular attention shall be paid to the financing of corrective actions.
 In dialogue with the Commission and the Frontex Agency, 
the Member State concerned
 shall reallocate resources under its programme, including those programmed for operating support, and/or introduce or amend actions aiming to remedy the weaknesses in accordance with the findings and recommendations of the Schengen evaluation report. 
Any additional costs shall be eligible for financing under the Instrument.







Amendment 111


Proposal for a regulation


Article 13 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


to improve the knowledge and understanding of the situation prevailing in the Member States through analysis, evaluation and close monitoring of policies;












(b)


to improve the knowledge and understanding of the situation prevailing in the Member States 
and third countries
 through analysis, evaluation and close monitoring of policies;









Amendment 112


Proposal for a regulation


Article 13 — paragraph 2 — point c








Text proposed by the Commission




Amendment











(c)


to support the development of statistical tools and methods and common indicators;












(c)


to support the development of 
common
 statistical tools and methods and common indicators;









Amendment 113


Proposal for a regulation


Article 13 — paragraph 2 — point d








Text proposed by the Commission




Amendment











(d)


to support and monitor the implementation of Union law and Union policy objectives in the Member States, and assess their effectiveness and impact;












(d)


to support and monitor the implementation of Union law and Union policy objectives in the Member States, and assess their effectiveness and impact
, including with regard to the respect of human rights and fundamental freedoms
;









Amendment 114


Proposal for a regulation


Article 13 — paragraph 2 — point e








Text proposed by the Commission




Amendment











(e)


to promote networking, mutual learning, identification and dissemination of 
good
 practices and innovative approaches at European level;












(e)


to promote networking, mutual learning, identification and dissemination of 
best
 practices and innovative approaches 
amongst different stakeholders
 at European level;









Amendment 115


Proposal for a regulation


Article 13 — paragraph 2 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)






to promote projects aiming at standardisation, harmonisation and interoperability with a view to developing an integrated European border management system;











Amendment 116


Proposal for a regulation


Article 13 — paragraph 2 — point g








Text proposed by the Commission




Amendment











(g)


to boost the capacity of European networks to promote, support and further develop Union policies and objectives;












(g)


to boost the capacity of European networks to 
assess,
 promote, support and further develop Union policies and objectives;









Amendment 117


Proposal for a regulation


Article 13 — paragraph 2 — point i a (new)








Text proposed by the Commission




Amendment





 










(ia)






to support coordinating activities and information sharing between EUROPOL, the Frontex Agency and the Agency for the Operational Management of Large-Scale IT-Systems.











Amendment 118


Proposal for a regulation


Article 15 — paragraph 1








Text proposed by the Commission




Amendment





1.   
The indicative amount allocated for
 the programme on the development of the new IT systems 
managing the movement of third-country nationals across borders is set at EUR 1,100 million. The programme
 shall be implemented in accordance with the Union legislation defining the new IT systems and their communication infrastructure with the aim, in particular, to improving the management and control of travel flows at the external borders by reinforcing checks while speeding up border crossings for regular travellers.


1.   The programme on the development of the new IT systems 
may build on existing structures and
 shall be implemented in accordance with the Union legislation defining the new IT systems and their communication infrastructure with the aim, in particular, to improving the management and control of travel flows at the external borders by reinforcing checks while speeding up border crossings for regular travellers 
and ensuring synergies with existing IT systems and avoiding double spending
.





Amendment 119


Proposal for a regulation


Article 15 — paragraph 2 — subparagraph 2








Text proposed by the Commission




Amendment





The main actions to be carried out should cover in particular, the development and testing of the central component and of the applications common to the national components of the systems, the communication infrastructure between central and national components, the coordination for putting them into operation, and the security management of the systems.


The main actions to be carried out should cover in particular, the development and testing of the central component and of the applications common to the national components of the systems, the communication infrastructure between central and national components, the coordination for putting them into operation, 
the coordination and the interoperability with the other IT systems in the field of border management,
 and the security management of the systems.





Amendment 120


Proposal for a regulation


Article 15 — paragraph 2 — subparagraph 3








Text proposed by the Commission




Amendment





The Commission shall adopt
, by implementing
 acts, the strategic framework and any revisions. 
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2)
.


The Commission shall adopt 
delegated
 acts 
in accordance with Article 17 concerning
 the strategic framework and any revisions.





Amendment 121


Proposal for a regulation


Article 15 — paragraph 2 — subparagraph 3 a (new)








Text proposed by the Commission




Amendment





 




The Commission shall inform the European Parliament and the Council of progress in developing new IT systems at least once a year and whenever appropriate.







Amendment 122


Proposal for a regulation


Article 17 — paragraph 2








Text proposed by the Commission




Amendment





2.   The delegation of power referred to in this Regulation shall be conferred on the Commission for a period of seven years from the entry into force of this Regulation. 
The delegation of powers shall be tacitly extended for periods of identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.




2.   The delegation of power referred to in this Regulation shall be conferred on the Commission for a period of seven years from the entry into force of this Regulation.





Amendment 123


Proposal for a regulation


Article 17 — paragraph 5








Text proposed by the Commission




Amendment





5.   A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 
two
 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 
two
 months at the initiative of the European Parliament or the Council.


5.   A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 
three
 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 
three
 months at the initiative of the European Parliament or the Council.





Amendment 124


Proposal for a regulation


Article 22








Text proposed by the Commission




Amendment





Article 
21




Article 
22






Review


Review






On the basis of a proposal of
 the Commission
, the European Parliament and the Council shall review
 this Regulation 
by 30 June 2020 at the latest
.




By 30 June 2018,
 the Commission 
shall propose a revision of
 this Regulation 
for the new financial period.







Amendment 125


Proposal for a regulation


Annex I








Text proposed by the Commission




Amendment





 




Annex deleted







Amendment 126


Proposal for a regulation


Annex III — Objective 1 — indent 2








Text proposed by the Commission




Amendment











—


staff 
cost














—


staff 
costs, including for training











Amendment 127


Proposal for a regulation


Annex III — Objective 2 — indent 2








Text proposed by the Commission




Amendment











—


staff 
cost














—


staff 
costs, including for training











Amendment 128


Proposal for a regulation


Annex III — Objective 3 — indent 2








Text proposed by the Commission




Amendment











—


staff 
cost














—


staff 
costs, including for training











Amendment 129


Proposal for a regulation


Annex III — paragraph 3 — introductory part








Text proposed by the Commission




Amendment





Objective 3: setting up and running IT systems, their communication infrastructure and equipment supporting the management of migration flows across the external borders of the Union


Objective 3: setting up and running 
secure
 IT systems, their communication infrastructure and equipment supporting the management of migration flows across the external borders of the Union





Amendment 130


Proposal for a regulation


Annex III — paragraph 3 — indent 4








Text proposed by the Commission




Amendment











—


communication infrastructure and security related matters












—


communication infrastructure and security 
as well as data protection
 related matters










(1)  
Texts adopted, P7_TA(2011)0266.



(2)  
Texts adopted, P7_TA(2011)0266.