Parltrack

Activites

• 2011/11/22 Final act published in Official Journal
  • Regulation 2011/1168
  • OJ L 304 22.11.2011, p. 0001
• 2011/10/25 Final act signed
• 2011/10/25 End of procedure in Parliament
• 2011/10/10 Act adopted by Council after Parliament's 1st reading
• #3118
• 2011/10/10 Council Meeting
• 2011/09/26 CSL Final Agreement
• 2011/09/13 Text adopted by Parliament, 1st reading/single reading
  • T7-0344/2011 summary

    The European Parliament adopted by 431 votes to 49 with 48 abstentions a resolution amending the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX). The amendments at first reading are the result of negotiations between Parliament and Council. They may be summarised as follows : Fundamental rights: Members strengthened the provisions on fundamental rights. The amended text states that the Agency shall fulfil its tasks in full compliance with Union law, including the Charter of Fundamental Rights of the European Union, international law, obligations related to access to international protection, in particular the principle of non-refoulement, and fundamental rights and taking into account the reports of the Consultative Forum (see below). No person shall be disembarked in, or otherwise handed over to the authorities of, a country in contravention of the principle of non-refoulement, or from which there is a risk of expulsion or return to another country in contravention of that principle. The special needs of children, victims of trafficking, persons in need of medical assistance, persons in need of international protection and other vulnerable persons shall be addressed in accordance with Union and international law." In addition, it is stipulated that the Agency shall draw up and further develop a Code of Conduct applicable to all operations coordinated by the Agency, which shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on unaccompanied minors and vulnerable persons, as well as persons seeking international protection, applicable to all persons participating in the activities of the Agency. Furthermore, the text states that FRONTEX must  draw up and further develop and implement its Fundamental Rights Strategy, and put in place an effective mechanism to monitor the respect for fundamental rights in all its the activities. A Consultative Forum shall be established to assist the Director and the Management Board in fundamental rights matters. The Consultative Forum shall prepare an annual report of its activities. Those reports shall be made publicly available. A Fundamental Rights Officer shall be designated by the Management Board and shall have the necessary qualifications and experience in the field of fundamental rights, be independent in the performance of his/her duties as a Fundamental Rights Officer and shall report directly to the Management Board and the Consultative Forum on a regular basis and as such contribute to the mechanism for monitoring fundamental rights.Both the Fundamental Rights Officer and the Consultative Forum shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency. The text adds that the home Member State shall provide for appropriate disciplinary or other measures in accordance with their law in case of violations of fundamental rights or international protection obligations in the course of such activities. Tasks: the amended text adds to the tasks of Frontex and states that FRONTEX shall also (i)  assist Member States in circumstances requiring increased technical and operational assistance at the external borders, taking into account that some situations may involve humanitarian emergencies and rescue at sea; (ii) assist Member States in circumstances requiring increased technical and operational assistance at external borders, especially those Member States facing specific and disproportionate pressures; (iii)  set up European Border Guard Teams that are to be deployed during joint operations, pilot projects and rapid interventions; (iv) deploy border guards from the European Border Guard Teams to Member States in joint operations, pilot projects or in rapid interventions in accordance with Regulation (EC) No 863/2007 on establishing a mechanism for the creation of Rapid Border Intervention Teams. European Border Guard Teams: the text merges provisions   for the setting up of Frontex Joint Support Teams and Rapid Border Intervention teams. Such Teams will be deployed during joint operations and pilot projects and rapid interventions. Member States shall contribute to the European Border Guard Teams via a national pool on the basis of the various defined profiles by nominating border guards corresponding to the required profiles. The Agency shall also contribute to the European Border Guard Teams with competent border guards seconded by the Member States as national experts. In accordance with agreements with FRONTEX, Member States shall make the border guards available for secondment, unless this would seriously affect the discharge of national tasks. In such situations Member States may recall their seconded border guards. The Agency shall inform the European Parliament on an annual basis of the number of border guards that each Member State has committed to the European Border Guard Teams Member States facing disproportionate pressures: the amended text stipulates that one or more Member States facing specific and disproportionate pressures and confronted with circumstances requiring increased technical and operational assistance when implementing their obligations with regard to control and surveillance of external borders may request the Agency for assistance. The Agency shall organise the appropriate technical and operational assistance for the requesting Member State(s). In this context, the text stipulates that at the request of a Member State faced with a situation of urgent and exceptional pressure, especially the arrival at points of the external borders of large numbers of third-country nationals trying to enter the territory of that Member State illegally, the Agency may deploy for a limited period one or more European Border Guard Teams on the territory of the requesting Member State for the appropriate duration in accordance Regulation (EC) No 863/2007.  If the Executive Director decides to deploy one or more teams, an operational plan shall immediately, and in any event no later than 5 working days of the date of the decision, be drawn up by the Agency and the requesting Member State. Training: the Agency shall provide border guards who are members of the European Border Guard Teams with advanced training relevant to their tasks and powers and shall conduct regular exercises with those border guards. It  shall also take the necessary initiatives to ensure that all border guards and other personnel of the Member States who participate in the European Border Guard Teams, as well as the staff of the Agency, shall, prior to their participation in operational activities organised by the Agency, have received training in relevant Union and international law, including fundamental rights and access to international protection and guidelines for the purpose of identifying persons seeking protection and directing them towards the appropriate facilities. Technical equipment: the new text gives FRONTEX the power to acquire, itself or in co-ownership with a Member State, or lease technical equipment for external border control. Any such expenditure shall be provided for in the Agency's budget as adopted by the Management Board.  Where the Agency acquires or leases major technical equipment, such as open sea and coastal patrol vessels or vehicles, to be used in joint operations, the following provisions apply: (i) in case of acquisition and co-ownership, the Agency agrees formally with one Member State that the latter will provide for the registration of the equipment in accordance with the applicable legislation of that Member State; (ii) in case of leasing, the equipment must be registered in a Member State. On the basis of a model agreement drawn up by the Agency, the Member State of registration and the Agency shall agree on modalities ensuring the periods of full availability of the co-owned assets for the Agency, as well as on the terms of use of the equipment. Processing personal data: FRONTEX is given the power to process personal data both in the context of joint return operations and in the case of data collected during joint operations, pilot projects and rapid interventions. In the latter case, the text states that the Agency may further process personal data collected by the Member States during such operational activities and transmitted to the Agency in order to contribute to the security of the external borders of Member States.  Such further processing of personal data by the Agency shall be limited to personal data regarding persons who are suspected on reasonable grounds of involvement in cross-border criminal activities, in facilitating illegal migration activities or in human trafficking activities. Such data  shall be further processed by the Agency only for the following purposes i) transmission, on a case by case basis, to Europol or other Union law enforcement agencies; ii)  use for the preparation of risk analyses.  The personal data shall not be used by the Agency for the purpose of investigations, which remain under the responsibility of the competent national authorities. Onward transmission of such personal data processed by the Agency to third countries or other third parties shall be prohibited. Scrutiny by Parliament: lastly, Parliament is given increased powers of scrutiny and the right to information. In addition, the European Parliament or the Council may invite the Executive Director of the Agency to report on the carrying out of his/her tasks, in particular on the implementation and monitoring of the Fundamental Rights Strategy, the general report of the Agency for the previous year, the work programme for the coming year and the Agency's multi-annual plan

  • Results of vote in Parliament
• 2011/09/13 Commission response to text adopted in plenary
  • SP(2011)8584
  • DG Justice, MALMSTRÖM Cecilia
• 2011/07/15 Committee report tabled for plenary, 1st reading/single reading
  • A7-0278/2011
  • AFET LOCHBIHLER Barbara Verts/ALE
  • DEVE
  • LIBE LIBE/7/02367 BUSUTTIL Simon EPP
• 2011/07/12 Vote in committee, 1st reading/single reading
  • AFET LOCHBIHLER Barbara Verts/ALE
  • DEVE
  • LIBE LIBE/7/02367 BUSUTTIL Simon EPP
• 2011/06/15 Prev Adopt in Cte
• #3096
• 2011/06/09 Council Meeting
• #3085
• 2011/05/12 Council Meeting
• #3081
• 2011/04/11 Council Meeting
• 2010/12/14 Deadline Amendments
• 2010/11/12 Committee draft report
  • PE450.754
• #3043
• 2010/11/08 Council Meeting
• 2010/07/15 Economic and Social Committee: opinion, report
  • CES0974/2010
• 2010/05/17 Document attached to the procedure
  • N7-0031/2011 summary

    Opinion of the European Data Protection Supervisor on the proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) The EDPS welcomes the fact that he was informally consulted by the Commission before the adoption of the proposal. Informal comments were issued by the EDPS on 8 February 2010 and resulted in a number of changes in the final version of the proposal adopted by the Commission. On 2 March 2010, the proposal as adopted by the Commission was sent to the EDPS for consultation in accordance with Regulation (EC) No 45/2001. It is also pertinent to mention that the EDPS issued an Opinion on a notification for Prior Checking received from the Data Protection Officer of FRONTEX concerning the 'Collection of names and certain other relevant data of returnees for join return operations (JRO)' (the Prior Check Opinion). The conclusions of the Opinion, the subject of which is the processing of personal data in the context of the preparation and realisation of the JROs under Article 9 of Regulation (EC) No 2007/2004, have been used as a basis for some of the observations and conclusions presented in this opinion. The main conclusions of this Opinion are as follows : Noting notes that the proposal aims to allow FRONTEX to fulfil its current tasks and responsibilities, as well as those provided by the proposed Regulation more effectively, the EDPS states that it is striking that the proposed Regulation is almost completely silent about the processing of personal data by FRONTEX, with a sole exception of the last sentence of Article 11 of the proposal. He is of the opinion that the proposed Regulation should - to the extent necessary and appropriate - address clearly the question of the scope of the activities that may give rise to the processing of personal data by FRONTEX. The EDPS believes that a specific legal basis addressing the issue of the processing of personal data by FRONTEX and providing for clarification of the circumstances under which such processing by FRONTEX could take place, subject to strong data protection safeguards and in accordance with the proportionality and necessity principles, is needed. Only where necessary for clearly identified and lawful purposes (in particular JRO) should such processing be allowed. The legal basis should specify the necessary and appropriate safeguards, limitations and conditions under which such a processing of personal data would take place, in compliance with Article 8 of the European Convention on Human Rights and Article 8 of the EU Charter of Fundamental Rights, including guarantees regarding the data subject's rights as one of the most important elements. The Commission's reluctance to specify this in the proposed Regulation or to clearly state the date by when it will do so, instead preferring to postpone the matter pending new legal and political circumstances, raises serious concerns. In the EDPS's view, this approach could lead to undesirable legal uncertainty and a significant risk of non-compliance with data protection rules and safeguards. In order further to improve the proposal, the EDPS also calls on the legislator to clarify in the proposed Regulation that the working arrangement which could be concluded with Europol on the basis of the proposed Article 13 of the FRONTEX Regulation, would exclude the exchange of personal information. Moreover, he also suggests a clarification of Article 11(b) of the proposal. (in order to clarify security obligations with regard to classified and non-classified documents.)

  • OJ C 357 30.12.2010, p. 0001
• 2010/03/11 Committee referral announced in Parliament, 1st reading/single reading
  • AFET LOCHBIHLER Barbara Verts/ALE
  • DEVE
  • LIBE LIBE/7/02367 BUSUTTIL Simon EPP
• 2010/02/24 EP officialisation
• 2010/02/24 Legislative proposal
  • COM(2010)0061 summary

    PURPOSE: to amend Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) to clarify the mandate of the Agency and address shortcomings. PROPOSED ACT: Council Regulation. BACKGROUND: the Frontex Agency was set up in 2004 and became operational in 2005. In 2008, the commission adopted a Communication on the evaluation and future development of the FRONTEX Agency, accompanied by a impact assessment. The Communication issued recommendations for the short to medium term and launched ideas for the future development of the Agency in the longer term. It was welcomed by the Council and the European Parliament, who both shared the Commissions assessment that the Agency had been very successful since its inception and called for a further strengthening of the Agency. An independent evaluation also took place during 2008, on the basis of which the Frontex Management Board made a series of recommendations concerning changes to the legal basis of the Agency. This proposal reflects all recommendations of the 2008 Communication and the Management Board recommendations to the extent they require a revision of the legal framework of the Agency, with the exceptions as described in the impact assessment. IMPACT ASSESSMENT: an impact assessment has been carried out - Commission staff working document SEC(2010)0149. The preferred option of the impact assessment consists of a combination of the following sub-options: a revised mechanism with compulsory contributions of equipment from Member States combined with the gradual acquisition/leasing by Frontex of its own equipment, based on further analyses of needs and costs; a revised mechanism with compulsory contributions of human resources from Member States combined with a pool of border guards on semi-permanent detachment from Member States to Frontex, with the status of national experts; awarding the Agency a co-leading role for the implementation of joint operations, with detailed rules for the operational plan, evaluation, and incident reporting, to be enforced by Frontex; allowing Frontex to finance and implement technical assistance projects in third countries and to deploy liaison officers in third countries; giving Frontex a limited mandate to process personal data related to fight against criminal networks organising illegal immigration, under condition that such processing of personal data by Frontex is lawful, necessary and proportionate in relation to the tasks of the Agency; giving Frontex a coordinating role in implementing joint return operations; giving Frontex a mandate to analyse operational risks and requirements in the Member States. The preferred option is fully reflected in this legislative proposal with the exception of giving Frontex a limited mandate to process personal data related to fighting criminal networks organising illegal immigration. The Commission does consider that all possibilities to reinforce the fight against the smuggling of migrants and against trafficking of human beings should be explored. However, it prefers to return to the question of personal data in the context of the overall strategy for information exchange to be presented later this year and also taking into account the reflection to be carried out on how to further develop cooperation between Agencies in the justice and home affairs field as requested by the Stockholm programme. LEGAL BASIS: Articles 74 and 77 (1) (b) and (c) of the Treaty on the Functioning of the European Union (TFEU). The proposal is within the limits set by these provisions and, in particular, respects the shared competencies of the Treaty in that Member States remain responsible for controlling their external borders. Notably this proposal upholds the principle that in the context of operations coordinated by the Agency, guest officers may only perform tasks and exercise powers under instructions from and, as a general rule, in the presence of border guards of the host Member State. Decisions to refuse entry in accordance with the Schengen Borders Code shall be taken only by border guards of the host Member State. No decision-making power in this regard is transferred to the Agency. The objectives of this proposal, while respecting the same fundamental limitations of the existing provisions, are to further develop an integrated management of operational cooperation, cannot be sufficiently achieved by the Member States. CONTENT: the Commission presents a proposal to strengthen the FRONTEX Agency. The most important amendments to Council Regulation (EC) No 2007/2004 reflect the changes necessary to accommodate the preferred option of the impact assessment. Moreover a number of minor amendments of an essentially administrative character have been introduced taking into account the Management Board recommendations as well as the introduction of new "standard" provisions used in other Commission proposals for the setting up of new Agencies. The main amendments to the Regulation are as follows: Establishment of the Agency: the proposal clarifies the legal framework in which the Agency operates. It states that, while considering that the responsibility for the control and surveillance of external borders lies with the Member States, the Agency shall facilitate and render more effective the application of existing and future EU measures relating to the management of external borders, in particular the Schengen Borders Code, and in accordance with relevant Union law, international law, obligations related to access to international protection, and fundamental rights. It shall do so by ensuring the coordination 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 Member States. Definitions: the proposal clarifies the definition of "host Member State", and introduces the concept of Frontex Joint Support Teams, and revises the definition of technical equipment. Main tasks: these include risk analysis and research. The proposal introduces the possibility for the Agency of coordinating joint return operations. The Agency also has new tasks related to the development and operation of information systems and to the provision of assistance to Eurosur. In addition, all personnel taking part in joint operations or joint return operations are required to have received appropriate training in fundamental rights. Lastly, a reporting mechanism to the Management Board regarding the operational activities of Member States with third countries is introduced. Joint operations and pilot projects at the external borders: the Agency is required to draw up an operational plan, to conduct a prior risk analysis. The Agency may also terminate joint operations and pilot projects if the conditions to conduct these initiatives are no longer fulfilled. Furthermore, it shall constitute a pool of border guards called Frontex Joint Support Teams, for possible deployment during joint operations and pilot projects. The proposal requires the Agency to evaluate the results of the joint operations and pilot projects and transmit the detailed evaluation reports within 60 days following the end of the activity to the Management Board. Lastly, it provides that the Agency may decide to finance or co-finance the joint operations and pilot projects, with grants from its budget in accordance with the financial rules applicable to the Agency." Organisational aspects of joint operations and pilot projects: a new article sets out the obligation to draw up an operational plan for all operations. This article makes provision regarding the content of the operational plan, the respective tasks and responsibilities, the composition of the teams, command and control, the reporting mechanisms i.e. evaluation and incident reporting, the technical equipment, and the applicable jurisdiction. The Agency and the requesting Member State must agree on the operational plan and the Agency must ensure the operational implementation of all organisational aspects. Composition and deployment of Frontex Joint Support Teams (FJST): a new article sets out the obligations and conditions related to border guards to be made available to the FJST. Member States must make the border guards available for deployment. Members of the teams must perform their duties in full respect of fundamental rights and human dignity. The Agency must nominate a coordinating officer where FJST members are deployed. It will meet the costs of border guards of Member States participating in FJST Risk analysis: for the Agency's risk analysis, Member States must provide the Agency with all necessary information regarding the situation and possible threats at the external borders. The Agency shall regularly evaluate the capacity of the Member States to face upcoming challenges, including present and future threats and pressures at the external borders of the EU. Training: Member States must integrate the common core curricula in the training of national border guards. The training must include fundamental rights aspects. Research: the proposal strengthens the role of the Agency i.e. monitoring and contributing to developments in relevant research activities Technical equipment: the new provisions clarify the Agency's powers regarding the acquisition or lease of technical equipment and the rules of registration for heavy equipment The Agency must also keep centralised records of a Technical Equipment Pool (TEP). Member States must contribute to the TEP to allow for a minimum amount of equipment covering the needs of the Agency. The article sets out rules regarding the management by the Agency of the TEP, and rules for the reimbursement of the minimum numbers per type of equipment, and the conditions for deployment and the eligible costs Return cooperation: the proposal clarifies EU return policy, financial provisions and inserts the possibility for a Member State to request the Agency to ensure the coordination of a return operation. The Agency must adopt a Code of Conduct to be applied during joint return operations, including with regard to forced return monitoring and respect for fundamental rights. Member States must inform the Agency of their planned return operations and the degree of assistance requested from the Agency. The Agency must draw up a rolling operational plan on which the Management Board decides. The proposal clarifies the role of the Agency regarding the identification of relevant third countries Information exchange systems: the Agency is required develop and operate an information system capable of exchanging classified information. Data protection: a new Article requires the Agency to process data in accordance with Regulation 45/2001 and the Management Board to establish measures to apply the aforementioned Regulation. Security rules on the protection of classified information and non-classified sensitive information: another new article requires the Agency to apply the security principles of Decision 2001/844 for classified information, and to process non-classified sensitive information as adopted and implemented by the Commission. Facilitation of operational cooperation with third countries and cooperation with competent authorities of third countries: the proposal gives the Agency the possibility of deploying liaison officers in third countries, and the tasks of the latter are set out in the text. The Agency may benefit from Union funding in accordance with the provisions of the relevant instruments supporting the Union's external relations policy. Member States must clarify where appropriate the role of the Agency in their bilateral agreements with third countries. The deployment of liaison officers and the conclusion of working arrangements with third countries are subject to prior approval by the Commission. Headquarters Agreement: a new clause clarifies the need for a Headquarters Agreement between the Agency and the hosting Member State. In addition, the proposal makes some modifications on provisions related to staff, the powers of the Management Board on staffing policy, the composition of the Management Board and the functions and powers of the Executive Director. BUDGETARY IMPLICATION: the proposal amends an existing Regulation regarding the mandate and functioning of a European Agency. The subsidy related to the Frontex Agency forms already part of the Union's budget.

  • SEC(2010)0149
  • SEC(2010)0150
  • DG Justice, MALMSTRÖM Cecilia

Documents

• Legislative proposal published: COM(2010)0061
• Document attached to the procedure: SEC(2010)0149
• Document attached to the procedure: SEC(2010)0150
• Document attached to the procedure: N7-0031/2011
• Document attached to the procedure: OJ C 357 30.12.2010, p. 0001
• Economic and Social Committee: opinion, report: CES0974/2010
• Committee draft report: PE450.754
• Committee report tabled for plenary, 1st reading/single reading: A7-0278/2011
• Decision by Parliament, 1st reading/single reading: T7-0344/2011
• Results of vote in Parliament: Results of vote in Parliament
• Commission response to text adopted in plenary: SP(2011)8584
• : Regulation 2011/1168
• : OJ L 304 22.11.2011, p. 0001

Votes

A7-0278/2011 - Simon Busuttil - Vote unique

A7-0278/2011 - Simon Busuttil - Single vote

History

(these mark the time of scraping, not the official date of the change)