2011/0365(COD)
Internal Security Fund: instrument for financial support for external borders and visa 2014-2020
| AFET | BUDG | DEVE | EMPL | LIBE | |
| Lead Rapporteur | MARINESCU Marian-Jean (EPP) | ||||
| Opinion Rapporteur(s) | FLAUTRE Hélène (Verts/ALE) | HOHLMEIER Monika (EPP) |
Legal basis: TFEU TFEU 077-p2
Awaiting Parliament 1st reading / single reading / budget 1st stage
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | AFET | FLAUTRE Hélène (Verts/ALE) | |
| Opinion | BUDG | HOHLMEIER Monika (EPP) | |
| Opinion | DEVE | ||
| Opinion | EMPL | ||
| Lead | LIBE | MARINESCU Marian-Jean (EPP) | ENCIU Ioan (S&D), MULDER Jan (ALDE), KELLER Franziska (Verts/ALE), KIRKHOPE Timothy (ECR), VERGIAT Marie-Christine (GUE/NGL) |
Legal Basis TFEU TFEU 077-p2
Activites
- 2012/09/18 Amendments tabled in committee
- 2012/07/11 Economic and Social Committee: opinion, report
- 2012/06/27 Committee draft report
- 2011/12/15 Committee referral announced in Parliament, 1st reading/single reading
- #3135
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2011/12/13
Council Meeting
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2011/11/15
Legislative proposal
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COM(2011)0750
summary
PURPOSE: to establish, as part of the Internal Security Fund, the instrument for financial support for external borders and visa. This Fund will take over from the External Borders Fund 2007-2013 which shall be repealed with effect from 1 January 2014. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: the policies related to the Area of Freedom, Security and Justice have been steadily growing in importance over the last years. These policies are at the heart of the European project to create an area without internal borders where Union citizens and third-country nationals may enter, circulate, live and work. In the field of Internal Security, key documents such as the Commission's Communication on the Internal Security Strategy have provided clear guidance on the direction of activities in the years to come. For border management and visa policy, the Communication on Migration outlined in more detail the challenges ahead in relation to border security and the development of an area without internal borders. The Communication on the Schengen governance presented proposals to strengthen the Schengen acquis by means of a governance system capable of responding effectively, and in a timely and coordinated Union-wide way, to exceptional circumstances and challenges which might put the overall functioning of Schengen at stake. The Communication on smart borders options and the way ahead outlines how new IT systems such as an Entry/exit system and a Registered Traveller Programme can contribute to a better management of migration flows in the Union. A key component in the common integrated border management system has been the development of Union solidarity mechanisms, supporting a uniform and high-quality application of the Union standards on border management and the common visa policy. Enhancing the coordination of operational co-operation by the Member States on border control through the Frontex Agency constitutes an important step towards the development of the system. Moreover, with the External Borders Fund, the Union expresses solidarity through financial assistance to those Member States that apply the Schengen provisions on external borders and visa. It is against this background that the Commission, in its proposal on the next multi-annual financial framework for the period 2014-2020, suggested to set up an Internal Security Fund, as part of a simplified two-Fund structure for future expenditure in the home affairs area which also includes the creation of an Asylum and Migration Fund. IMPACT ASSESSMENT: in accordance with the greater emphasis placed on evaluation as a tool to inform policy making, this proposal is informed by evaluation results, stakeholder consultation and impact assessment. Work on the preparation of the future financial instruments for home affairs started in 2010 and continued into 2011. It was completed in July 2011 and brought together available evaluation results for the existing financial instruments and informed the problems, objectives and policy options, including their likely impact, examined in the impact assessment. On the basis of this study, the Commission drafted an impact assessment report. The main conclusion may be summarised as follows: to broaden the scope of action for Union funding in the field of asylum and migration, including as regards its external dimension, to work towards more simplification of delivery mechanisms and greater flexibility, notably to respond to emergencies. In the area of internal security, stakeholders considered that the broad thematic priorities have already been fixed by the 2009 Stockholm Programme and the 2010 Internal Security Strategy. A future funding mechanism should therefore be defined comprehensively, comprising law enforcement, border guards and customs communities. The need to make greater use of relevant Union agencies, such as Europol and Frontex was also considered important. There was broad support to reduce the number of financial instruments to a two-Fund structure on the condition that this leads to simplification. Stakeholders also agreed on the need for a flexible emergency response mechanism. LEGAL BASIS: Article 77 (2) of the Treaty on the Functioning of the European Union (TFEU). The creation of the Internal Security Fund requires the adoption of two legislative instruments which jointly constitute the Fund. This overall structure was chosen in light of the Treaty obligations. It is not legally possible to draw up one single comprehensive legislative proposal for an Internal Security Fund, despite the coherence of the policy objectives to be addressed. The Internal Security Fund is therefore created as a comprehensive financial framework which is composed of two separate acts, setting up the different components of the Fund and laying down the objectives, the eligible actions and the envelopes of each component: - A Regulation setting up, as part of the Fund, the component for police co-operation, preventing and combating crime, and crisis management; - This Regulation setting up, as part of the Fund, the border management and common visa policy component. CONTENT: with this proposal, the Commission proposes to establish the instrument for financial support for the management of external borders and the common visa policy as part of the Internal Security Fund. Jointly with the future Regulation establishing as part of the Internal Security Fund, the instrument for financial support for police co-operation, preventing and combating crime, and crisis management, this Regulation establishes for the period from 1 January 2014 to 31 December 2020 the Internal Security Fund. Main objectives: the general objective of the Instrument shall be to contribute to ensuring a high level of security in the European Union. Within the general objective, the Instrument shall contribute - in line with the priorities identified in relevant EU Strategies, programmes, threat and risk assessments - to the following specific objectives: supporting a common visa policy to facilitate legitimate travel, ensure equal treatment of third country nationals and tackle irregular migration; 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. To achieve these objectives, the instrument shall contribute to the following operational objectives: support and reinforce the national capabilities in the area of border control and visa policy and thus expressing financial solidarity with the tasks entrusted to individual Member States at external borders and in consulates in the interest of the border-free area as a public service provided to the Union (national programmes, including "operating support"); finance the development of the smart border package, i.e. the setting up of an EU Entry Exit System (EES) and an EU Registered Traveller Programme (RTP); finance the introduction and operation of the European Border Surveillance System, EUROSUR, notably through the purchase of equipment, infrastructure and systems in Member States; reinforce the Schengen governance and the evaluation and monitoring mechanism to verify the application of the Schengen acquis by (a) funding the operation of that mechanism under direct management; (b) introducing conditionalities based on compliance with the Schengen acquis for the disbursement of operating support to Member States and (c) requiring Member States to (re)allocate resources received for programmes under this instrument with priority to remedy weaknesses if these have been identified under the mechanism; boost the operational potential of the Frontex Agency by inviting Member States to earmark additional resources under their programmes for specialised equipment which can be put at the disposal of the Agency for its joint operations; support the development and implementation of the relevant Union policies in the EU, in and with third countries under "Union actions", thus improving the overall management of migration flows to the Union (projects managed either directly, such as studies or pilot projects to reinforce co-operation with third countries, or indirectly, in accordance with the Financial Regulation; have readily available adequate resources to provide emergency assistance in case of situations of urgent or exceptional migratory pressure; continue support for the functioning of the Specific Transit Scheme for Lithuania, in accordance with the obligations of the EU10, providing support to compensate for foregone fees from transit visas and additional costs incurred by Lithuania in implementing the Facilitated Transit Document (FTD) and Facilitated Rail Transit Document (FRTD) scheme, such as replacing and upgrading equipment, IT systems, training and operational costs. For each of these objectives, key indicators are defined. It should be noted that actions related to the temporary and exceptional reintroduction of border control at internal borders as referred to in the Schengen Borders Code are not eligible. Implementation: the Commission envisages to give the implementation tasks of this programme to the Agency for the Operational Management of Large-Scale IT-Systems in the area of Freedom, Security and Justice (IT Agency). This Regulation would in this case be amended at the appropriate time to include the tasks specifically in the mission of the Agency. Allocation of Funds: in view of the above, the allocation of funding under shared management is based on a combination of: a basic amount allocated to the Member States at the start of the next Multi-annual Financial Framework (MFF); a flexible amount to be added to the basic amount, allocated in two phases. (1) The basic amount is allocated to the Member States at the start of the next MFF and calculated on the basis of objective criteria and needs. It is 60% of the overall envelope for national programmes and the allocations are laid down per Member State in Annex I of this Regulation. They are based on the 2010-2012 calculations under the External Borders Fund, whilst incorporating a minimum amount for each Member State. This will ensure some continuity with the current MFF and give the Member States financial stability to plan their national multiannual programmes. (2) The flexible amount will be added to the basic amount depending on the willingness of each Member State to finance under its national programme actions that respond to specific Union priorities. These specific actions are defined in Annex II and can be amended. In principle, it would be allocated in two phases: at the start of the MFF, as part of the policy dialogue and negotiations on the national programmes of the relevant Member States, and during a mid-term review in 2017. This mid-term review would be the occasion to re-examine the situation in Member States and to allocate new resources for the remaining years of the MFF (2018-2020). Mid-term review: this mid-term review would be the occasion to re-examine the situation in Member States and to allocate new resources for the remaining years of the MFF (2018-2020). These risk/needs assessments could be produced with the help of the Frontex Agency. Member States who, on the basis of these assessments, have more needs or face increased risks will receive an additional amount, thereby giving tangible expression to the principle of solidarity and responsibility-sharing. Union agencies: to use more effectively the competences and expertise of relevant Union agencies in the home affairs field, the Commission also envisages to make use of the possibility offered by the Financial Regulation to entrust, with the resources available under this Regulation, the implementation of specific tasks to such agencies, in the framework of their missions and in complementarity to their work programmes. For the tasks covered under this Instrument this concerns in particular: (i) the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex Agency), for activities in and outside the Union requiring operational expertise on border control;(ii) the European Asylum Support Office (EASO), for activities such as training on asylum addressed to border guards; (iii) the European Police Office (Europol) and the European Police College (CEPOL) in the light of interagency co-operation of law enforcement authorites with border guards; (iv) the Agency for the Operational Management of Large-Scale IT-Systems in the Area of Freedom Security and Justice (IT Agency) insofar as the development of new IT systems is concerned. BUDGETARY IMPLICATION: the Commission's proposal for the next multi-annual framework includes a proposal of EUR 4 648 million (in current prices) for the Internal Security Fund for the period 2014-2020. Within this global envelope, the resources available for the implementation of this specific Regulation amount to EUR 3,520 million. Indicatively: about 61% of this amount (EUR 2 150 million) should be used for national programmes of Member States and the support to the Special Transit Scheme implemented by Lithuania; 31% (EUR 1 100 million) should be dedicated to the development of the smart border package and the remainder should then be available to fund Union actions, emergency actions and technical assistance, whilst taking into account also the contributions expected from the Schengen associated countries, which would be added to the total envelope. Moreover, outside the scope of the Internal Security Fund, a separate envelope of EUR 822 million (current prices) is set aside for the management of existing large scale-IT systems (Schengen Information System II, Visa Information System and Eurodac). The management of these systems will gradually be transferred from the Commission to the future Agency for the Operational Management of Large-Scale IT-Systems in the Area of Freedom Security and Justice (IT Agency) after it begins operations in late 2012. DELEGATED ACTS: in order to supplement or amend provisions in this instrument regarding the definition of specific actions under the national programmes the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. 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.
- SEC(2011)1358
- SEC(2011)1359
- DG {u'url': u'http://ec.europa.eu/dgs/home-affairs/', u'title': u'Home Affairs'}, MALMSTRÖM Cecilia
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COM(2011)0750
summary
Documents
- Legislative proposal published: COM(2011)0750
- Document attached to the procedure: SEC(2011)1358
- Document attached to the procedure: SEC(2011)1359
- Committee draft report: PE489.446
- Economic and Social Committee: opinion, report: CES1581/2012
- Amendments tabled in committee: PE496.290
| Amendments | Dossier |
| 217 |
2011/0365(COD) Internal Security Fund: instrument for financial support for external borders and visa 2014-2020
2012/06/13
AFET
17 amendments...
Amendment 56 #
Proposal for a regulation Recital 1 (1) The Union's objective of
Amendment 57 #
Proposal for a regulation Recital 3 (3) Solidarity among Member States, burden-sharing, 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 the inextricable link with external security should be key principles guiding the implementation of the Internal Security Strategy.
Amendment 58 #
Proposal for a regulation Recital 6 (6) The Fund should therefore be established as a comprehensive framework for EU financial support in the field of internal security comprising the instrument established by this Regulation, relating to external borders and visa, as well as the instrument established by Regulation
Amendment 59 #
Proposal for a regulation Recital 11 (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 in practice, 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.
Amendment 60 #
Proposal for a regulation Recital 13 (13)
Amendment 61 #
Proposal for a regulation Recital 16 (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
Amendment 62 #
Proposal for a regulation Recital 18 (18) The Instrument should also support the development by the European Union of new, large-scale 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
Amendment 63 #
Proposal for a regulation Recital 19 (19) To address immediately unforeseen migratory pressure and
Amendment 64 #
Proposal for a regulation Recital 22 (22) To safeguard the application of the Schengen acquis and facilitate legal travel throughout the Schengen area, th
Amendment 65 #
Proposal for a regulation Recital 25 (25) Measures in and in relation to third countries supported through this Instrument should be taken in synergy and coherence with other actions outside the EU supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence and complementarity will also be sought with the Union humanitarian policy, in particular as regards the implementation of emergency measures.
Amendment 66 #
Proposal for a regulation Article 3 – paragraph 2 – point a – introductory part (a) supporting a common visa policy to facilitate legitimate travel, ensure equal and decent treatment of third
Amendment 67 #
Proposal for a regulation Article 3 – paragraph 3 – point d a (new) (da) 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 68 #
Proposal for a regulation Article 4 – paragraph 1 – point d a (new) (da) training regarding the use of the related systems and promotion of quality management standards;
Amendment 69 #
Proposal for a regulation Article 12 – paragraph 1 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
Amendment 70 #
Proposal for a regulation Article 12 – paragraph 3 Particular attention shall be paid to the financing of corrective actions. In dialogue with the Commission and the Frontex Agency, where appropriate,
Amendment 71 #
Proposal for a regulation Article 13 – paragraph 2 – point d (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 fundamental freedoms and human rights;
Amendment 72 #
Proposal for a regulation Annex III – Objective 3 – indent 2 – staff costs, including for training
source: PE-491.259
2012/07/20
BUDG
12 amendments...
Amendment 17 #
Draft legislative resolution Paragraph 1b (new) 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; _______________ 1 Texts adopted, P7_TA(2011)0266.
Amendment 18 #
Proposal for a regulation Recital 1 a (new) (1a) In its resolution of 8 June 2011 "Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe"1, the European Parliament stressed the need for an integrated approach towards pressing immigration, asylum questions as well as towards the management of the external borders of the Union, with sufficient funding and support tools to handle emergency situations made available in a spirit of respect for human rights and solidarity amongst all Member States, respecting national responsibilities and a clear definition of tasks. It further noted that, in this regard, the increased challenges of FRONTEX, the European Asylum Support Office and the Funds on Solidarity and Management of Migration Flows need to be duly taken into consideration. __________________ 1 Texts adopted, P7_TA(2011)0266.
Amendment 19 #
Proposal for a regulation Recital 1 b (new) (1b) In its resolution of 8 June 20111, 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. __________________ 1 Texts adopted, P7_TA(2011)0266.
Amendment 20 #
Proposal for a regulation Recital 6 a (new) (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.
Amendment 21 #
Proposal for a regulation Recital 16 (16) It should include support for national measures and cooperation between Member States in the area of visa policy
Amendment 22 #
Proposal for a regulation Recital 21 (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, in particular intensive cooperation with the European External Action Service.
Amendment 23 #
Proposal for a regulation Recital 28 (28) The Commission, when preparing and drawing
Amendment 24 #
Proposal for a regulation Article 5 – paragraph 1 1. The indicative global resources for the implementation of this Regulation shall be 3,520 EUR million.
Amendment 25 #
Proposal for a regulation Article 5 – paragraph 2 2. The annual appropriations for the Fund shall be authorised by the budgetary authority with
Amendment 26 #
Proposal for a regulation Article 5 – paragraph 5 – introductory part 5.
Amendment 27 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. Without prejudice to the prerogatives of the budgetary authority, EUR 2,000 million shall be allocated to the Member States indicatively as follows:
Amendment 28 #
Proposal for a regulation Article 13 – paragraph 2 – point f (f) to enhance awareness of Union policies and objectives among stakeholders and the general public
source: PE-494.565
2012/09/18
LIBE
188 amendments...
Amendment 49 #
Proposal for a regulation Recital 1 (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
Amendment 50 #
Proposal for a regulation Recital 1 a (new) (1a) 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 51 #
Proposal for a regulation Recital 2 a (new) (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 52 #
Proposal for a regulation Recital 3 (3) Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights
Amendment 53 #
Proposal for a regulation Recital 3 a (new) (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 54 #
Proposal for a regulation Recital 8 (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 55 #
Proposal for a regulation Recital 11 (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. To avoid duplication, fragmentation and cost inefficiency, the Frontex Agency should coordinate Member States' activities financed under the operating support.
Amendment 56 #
Proposal for a regulation Recital 11 (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. T
Amendment 57 #
Proposal for a regulation Recital 12 Amendment 58 #
Proposal for a regulation Recital 13 (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, the European Convention on Human Rights and Fundamental Freedoms, the Geneva Convention of 28 July 1951 relating to the Status of Refugees, the UN Convention on the Law of the Sea and the UN conventions on human rights and international humanitarian law.
Amendment 59 #
Proposal for a regulation Recital 13 (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 and in the Geneva Convention relating to the Status of Refugees including the principle of non-refoulement and the right to asylum.
Amendment 60 #
Proposal for a regulation Recital 13 (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, including the right of asylum and assistance to all persons whose life is in danger or who are in danger of inhuman or degrading treatment or punishments.
Amendment 61 #
Proposal for a regulation Recital 13 (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, the European Convention on Human Rights, the Geneva Refugee Convention, the UN Convention on the Law of the Sea, the UN human rights treaties, international humanitarian law and the principle of non-refoulement.
Amendment 62 #
Proposal for a regulation Recital 13 a (new) (13a) Pursuant to Article 3 of the Treaty on European Union, 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.
Amendment 63 #
Proposal for a regulation Recital 14 (14) To ensure a uniform and high-quality external border control and to facilitate legitimate travel across external borders, including border crossings by persons in search of international protection 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,
Amendment 64 #
Proposal for a regulation Recital 14 (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, 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 65 #
Proposal for a regulation Recital 16 (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, 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-
Amendment 66 #
Proposal for a regulation Recital 16 (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. 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
Amendment 67 #
Proposal for a regulation Recital 18 Amendment 68 #
Proposal for a regulation Recital 18 (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, interoperability with other EU IT systems, cost savings and a smooth implementation in the Member States.
Amendment 69 #
Proposal for a regulation Recital 18 (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")
Amendment 70 #
Proposal for a regulation Recital 19 Amendment 71 #
Proposal for a regulation Recital 19 (19) To address immediately unforeseen migratory pressure and
Amendment 72 #
Proposal for a regulation Recital 20 (20) Moreover, in the interest of enhanced solidarity in the Schengen area as a whole, where weaknesses or possible
Amendment 73 #
Proposal for a regulation Recital 21 (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 74 #
Proposal for a regulation Recital 22 (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 75 #
Proposal for a regulation Recital 23 (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 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 76 #
Proposal for a regulation Recital 23 (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 a
Amendment 77 #
Proposal for a regulation Recital 23 (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 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.
Amendment 78 #
Proposal for a regulation Recital 24 (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 79 #
Proposal for a regulation Recital 24 (24)
Amendment 80 #
Proposal for a regulation Recital 24 (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
Amendment 81 #
Proposal for a regulation Recital 25 Amendment 82 #
Proposal for a regulation Recital 25 (25) Measures in and in relation to third countries supported through this Instrument should be taken in synergy and coherence with other actions outside the EU supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence will also be sought with the Union humanitarian policy, in particular as regards the implementation of emergency measures. To this end a working group should be set up by the Commission in accordance with Regulation (EU) No ..../2012 [horizontal regulation] to ensure optimum coordination between the various European services and stakeholders.
Amendment 83 #
Proposal for a regulation Recital 25 (25) Measures in and in relation to third countries supported through this Instrument should be taken in synergy and coherence with other actions outside the EU supported through Union external assistance instruments, both geographic and thematic. In particular, in implementing such actions full coherence should be sought with the principles and general objectives of the Union external action and foreign policy related to the country or region in question. They should not be intended to support actions directly development-oriented and they should complement, when appropriate, the financial assistance provided through external aid instruments. Coherence will also be sought with the
Amendment 84 #
Proposal for a regulation Recital 26 (26) Funding from the Union budget should concentrate on activities where the Union intervention can bring additional value compared to action of Member States alone. As the European Union is in a better position than Member States to provide a framework for expressing Union solidarity in border control, visa policy and the management of migration flows, and to provide a platform for
Amendment 85 #
Proposal for a regulation Recital 26 (26) Funding from the Union budget should concentrate on activities where the Union intervention can bring additional value compared to action of Member States alone. As the European Union is in a better position than Member States to provide a framework for expressing Union solidarity in border control, visa policy and the management of migration flows,
Amendment 86 #
Proposal for a regulation Recital 26 a (new) (26a) The Lisbon Treaty provides for delegated acts only as non-legislative acts of general application relating to non- essential elements of a legislative act. Any essential element must be laid down in the legislative act in question.
Amendment 87 #
Proposal for a regulation Recital 29 (29) In order to ensure a uniform, efficient and timely application of the provisions on operating support laid down in this Regulation
Amendment 88 #
Proposal for a regulation Article 1 – paragraph 1 – subparagraph 1 1. This Regulation establishes the instrument for financial support for the surveillance, control and management of external borders and the common visa policy (hereinafter referred to as the ‘Instrument’) as part of the Internal Security Fund (hereinafter referred to as ‘the Fund’).
Amendment 89 #
Proposal for a regulation Article 2 – point a a (new) (aa) 'adequate level of protection of external borders’ means the level to be reached following the policy dialogue and in accordance with the Union standards on border management and common visa policy;
Amendment 90 #
Proposal for a regulation Article 2 – point a b (new) (ab) ‘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 91 #
Proposal for a regulation Article 2 – point e Amendment 92 #
Proposal for a regulation Article 2 – point e (e) ‘emergency situation’ means a situation of urgent and exceptional pressure where a large
Amendment 93 #
Proposal for a regulation Article 2 – point e (e) ‘emergency situation’ means a situation of urgent and exceptional pressure where a large
Amendment 94 #
Proposal for a regulation Article 2 – point e a (new) (ea) ‘risk’ means a factor that affects or is expected to affect the quality of control at external borders, the smooth crossing of external borders as well as the effective access to the territory of Member States for third-country nationals in need of international protection.
Amendment 95 #
Proposal for a regulation Article 3 – paragraph 1 1. The general objective of the Instrument shall be to contribute to ensuring
Amendment 96 #
Proposal for a regulation Article 3 – paragraph 1 1. The general objective of the Instrument shall be to contribute to ensuring a high level of security in the European Union, while ensuring respect for human rights and fundamental freedoms.
Amendment 97 #
Proposal for a regulation Article 3 – paragraph 1 1. The general objective of the Instrument shall be to contribute to ensuring a high level of security in the European Union, in accordance with the obligations of the Union and its Member States regarding human rights, including the principle of non-refoulement and the right of asylum recognised under the Charter of Fundamental Rights and the ECHR.
Amendment 98 #
Proposal for a regulation Article 3 – paragraph 2 – point a – paragraph 1 (a) supporting a common visa policy to facilitate
Amendment 99 #
Proposal for a regulation Article 3 – paragraph 2 – point a – paragraph 1 (a) supporting a common visa policy to facilitate
Amendment 100 #
Proposal for a regulation Article 3 – paragraph 2 – point a – paragraph 1 (a) supporting a common visa policy to facilitate legitimate travel, ensure equal treatment of European and third country nationals and tackle irregular migration.
Amendment 101 #
Proposal for a regulation Article 3 – paragraph 2 – point a – paragraph 2 The achievement of this objective shall be measured by the Commission 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 and the number of apprehended overstayers.
Amendment 102 #
Proposal for a regulation Article 3 – paragraph 2 – point a – paragraph 2 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 number of common visa application centres as well as the average length of waiting time for the visa application to be decided upon, the share of multiple entry visa, the share of refused visa and the average visa costs for applicants per consular post.
Amendment 103 #
Proposal for a regulation Article 3 – paragraph 2 – point b – paragraph 1 (b) supporting borders management, to ensure, on one hand, a high level of
Amendment 104 #
Proposal for a regulation Article 3 – paragraph 2 – point b – paragraph 1 (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, 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 105 #
Proposal for a regulation Article 3 – paragraph 2 – point b – paragraph 1 (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, and guarantee access to the asylum procedure, irrespective of the method of arrival on the territory of a Member State, in accordance with international obligations of the Member States concerning human rights and including the principle of non- refoulement.
Amendment 106 #
Proposal for a regulation Article 3 – paragraph 2 – point b – paragraph 2 The achievement of this objective shall be measured against indicators such as, inter alia, the development of equipment for border control
Amendment 107 #
Proposal for a regulation Article 3 – paragraph 2 – point b – paragraph 2 The achievement of this objective shall be measured against indicators such as, inter alia, the development of equipment for border control, training of border guards in the protection of human rights, 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.
Amendment 108 #
Proposal for a regulation Article 3 – paragraph 2 – point b – paragraph 2 The achievement of this objective shall be measured by the Commission 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.
Amendment 109 #
Proposal for a regulation Article 3 – paragraph 2 – point b – paragraph 2 The achievement of this objective shall be measured against indicators such as, inter alia, the development of equipment for border control, the average waiting time at the border crossing points 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, and the number of third country nationals regularly crossing the same section of the external border.
Amendment 110 #
Proposal for a regulation Article 3 – paragraph 2 – point b a (new) (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 EU situational picture.
Amendment 111 #
Proposal for a regulation Article 3 – paragraph 2 – point b a (new) (ba) supporting the implementation of the asylum acquis at the external borders to ensure an effective access to the territory of Member States and to the registration procedure for third country nationals in need of international protection, in full compliance with Union law, the principle of non-refoulement and the UN Convention on the Law of the Sea. The achievement of this objective shall be measured against indicators such as, inter alia, the number of applications for international protection at the external borders, the number of entries to the territory of Member States, the number of registered deaths at sea, the number of registrations at the external borders and the quality of reception.
Amendment 112 #
Proposal for a regulation Article 3 – paragraph 2 – concluding paragraph The objectives laid down in points (a) and (b) shall be achieved with due regard for the objectives and principles of the Union’s external action and humanitarian policy. Consistency and complementarity with the measures funded by the Union’s external financing instruments shall be verified by a working group referred to in Article 16a(1).
Amendment 113 #
Proposal for a regulation Article 3 – paragraph 2 – concluding paragraph 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 114 #
Proposal for a regulation Article 3 – paragraph 3 – point a (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 115 #
Proposal for a regulation Article 3 – paragraph 3 – point a (a) promoting the development and implementation of policies ensuring the
Amendment 116 #
Proposal for a regulation Article 3 – paragraph 3 – point a a (new) (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 117 #
Proposal for a regulation Article 3 – paragraph 3 – point b Amendment 118 #
Proposal for a regulation Article 3 – paragraph 3 – point b (b) gradually establishing an integrated management system for external borders, including the reinforcement of interagency co-operation between migration, asylum 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;
Amendment 119 #
Proposal for a regulation Article 3 – paragraph 3 – point b (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, 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 120 #
Proposal for a regulation Article 3 – paragraph 3 – point b (b) gradually establishing an integrated management system for external borders, including the creation of a EU border surveillance system, 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;
Amendment 121 #
Proposal for a regulation Article 3 – paragraph 3 – point b (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, as well as the interoperability of acquired technical equipment;
Amendment 122 #
Proposal for a regulation Article 3 – paragraph 3 – point b (b) gradually establishing an integrated management system based on solidarity and responsibility 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;
Amendment 123 #
Proposal for a regulation Article 3 – paragraph 3 – point b (b) gradually establishing an integrated management system for external borders, including the reinforcement of interagency co-operation between, inter alia, border control, 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 document security and identity management as well as to saving lives at sea;
Amendment 124 #
Proposal for a regulation Article 3 – paragraph 3 – point c (c) promoting the development and implementation of the common policy on visas and other short-stay residence permits, including consular co-operation, the improvement of consular coverage in third countries, uniform and common administrative procedures and decisions on visa, making full use of practical improvements and flexibility provided by the Visa Code;
Amendment 125 #
Proposal for a regulation Article 3 – paragraph 3 – point d (d) setting up and running
Amendment 126 #
Proposal for a regulation Article 3 – paragraph 3 – point d (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, in full respect of the Union data protection legislation;
Amendment 127 #
Proposal for a regulation Article 3 – paragraph 3 – point e (e) ensuring the efficient and uniform application of the Union’s acquis on borders and visas, in
Amendment 128 #
Proposal for a regulation Article 3 – paragraph 3 – point e (e) ensuring the efficient and uniform application of the Union’s acquis on borders, asylum and visas, including the functioning of the Schengen evaluation and monitoring mechanism;
Amendment 129 #
Proposal for a regulation Article 3 – paragraph 3 – point e (e) ensuring the efficient and uniform application of the Union’s acquis on borders, asylum and visas, including the functioning of the Schengen evaluation and monitoring mechanism;
Amendment 130 #
Proposal for a regulation Article 3 – paragraph 3 – point f Amendment 131 #
Proposal for a regulation Article 3 – paragraph 3 – point f (f) reinforcing
Amendment 132 #
Proposal for a regulation Article 3 – paragraph 3 – point f (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, ensuring respect for the objectives and principles of EU external action and humanitarian policy.
Amendment 133 #
Proposal for a regulation Article 3 – paragraph 3 – point f (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 and funding for measures in third countries by the authorities of those countries.
Amendment 134 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part 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
Amendment 135 #
Proposal for a regulation Article 4 – paragraph 1 – point a Amendment 136 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) border crossing infrastructures, buildings and systems required at border crossing points and for surveillance between border crossing points, a
Amendment 137 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) border crossing infrastructures, buildings and systems required at border crossing points and for surveillance between border crossing points and effective tackling of i
Amendment 138 #
Proposal for a regulation Article 4 – paragraph 1 – point b (b) operating equipment
Amendment 139 #
Proposal for a regulation Article 4 – paragraph 1 – point b (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)
Amendment 140 #
Proposal for a regulation Article 4 – paragraph 1 – point b (b) operating equipment, means of transport and communication systems required for effective 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 141 #
Proposal for a regulation Article 4 – paragraph 1 – point b (b) operating equipment, means of transport and communication systems required for effective and secure 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;
Amendment 142 #
Proposal for a regulation Article 4 – paragraph 1 – point c (c) IT systems for the management of migration flows across borders, while strictly respecting human rights and in particular EU personal data protection legislation;
Amendment 143 #
Proposal for a regulation Article 4 – paragraph 1 – point d (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 144 #
Proposal for a regulation Article 4 – paragraph 1 – point e (e) studies, pilot projects
Amendment 145 #
Proposal for a regulation Article 4 – paragraph 1 – point e (e) studies, pilot projects, joint initiatives 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.
Amendment 146 #
Proposal for a regulation Article 4 – paragraph 1 – point e a (new) (ea) initiatives regarding the training of border guards in the protection of human rights including identification of victims of human trafficking;
Amendment 147 #
Proposal for a regulation Article 4 – paragraph 1 – point e a (new) (ea) studies, pilot projects and actions aiming to ensure an effective compliance with European and international law concerning respect for human rights obligations, in close cooperation with civil society.
Amendment 148 #
Proposal for a regulation Article 4 – paragraph 1 – point e a (new) (ea) studies, pilot projects and actions to monitor and guarantee effective compliance with international and European obligations regarding human rights, in particular the principle of non- refoulement.
Amendment 149 #
Proposal for a regulation Article 4 – paragraph 2 Amendment 150 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 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 151 #
Proposal for a regulation Article 4 – paragraph 2 – point b (b) actions aiming to foster
Amendment 152 #
Proposal for a regulation Article 4 – paragraph 2 – point c (c) studies,
Amendment 153 #
Proposal for a regulation Article 4 – paragraph 2 – point c (c) studies,
Amendment 154 #
Proposal for a regulation Article 4 – paragraph 2 – point d (d) studies, events
Amendment 155 #
Proposal for a regulation Article 4 – paragraph 2 – point d (d) studies, events, 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.
Amendment 156 #
Proposal for a regulation Article 4 – paragraph 2 – point d (d) studies,
Amendment 157 #
Proposal for a regulation Article 4 – paragraph 2 – point d a (new) (da) initiatives for the training of border guards regarding the protection of human rights;
Amendment 158 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 a (new) The Working Group set up by the Commission under Article 6a of Regulation (EU) No .../2012 (horizontal regulation) shall ensure coherence between actions regarding third countries or being carried out there and funded under this instrument and measures being implemented in the context of EU external action.
Amendment 159 #
Proposal for a regulation Article 5 – paragraph 2 2. The annual appropriations shall be authorised by the budgetary authority within the
Amendment 160 #
Proposal for a regulation Article 5 – paragraph 3 – point e Amendment 161 #
Proposal for a regulation Article 5 – paragraph 3 – point f Amendment 162 #
Proposal for a regulation Article 5 – paragraph 3 – point f Amendment 163 #
Proposal for a regulation Article 5 – paragraph 4 – subparagraph 2 Amendment 164 #
Proposal for a regulation Article 5 – paragraph 4 – subparagraph 2 The method(s) of implementation of the budget for the programme on the development of new IT systems shall be set out in
Amendment 165 #
Proposal for a regulation Article 5 – paragraph 5 – point a (a)
Amendment 166 #
Proposal for a regulation Article 5 – paragraph 5 – point a (a) EUR [2,000] million for the national programmes of Member States;
Amendment 167 #
Proposal for a regulation Article 5 – paragraph 5 – point b Amendment 168 #
Proposal for a regulation Article 5 – paragraph 5 – point b Amendment 169 #
Proposal for a regulation Article 5 – paragraph 5 – point b (b) EUR [1,100] million for setting up the new IT systems supporting the management of migration flows across the external borders of the Union referred to in Article 15(2);
Amendment 170 #
Proposal for a regulation Article 5 – paragraph 5 – point c (c)
Amendment 171 #
Proposal for a regulation Article 5 – paragraph 5 – point c (c) EUR [150] million for the Special Transit Scheme;
Amendment 172 #
Proposal for a regulation Article 5 – paragraph 5 – point d (d)
Amendment 173 #
Proposal for a regulation Article 5 – paragraph 5 – point d (d) EUR 270 million for Union actions
Amendment 174 #
Proposal for a regulation Article 5 – paragraph 5 – point d (d) EUR [270] million for Union actions, emergency assistance and technical assistance at the initiative of the Commission.
Amendment 175 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. EUR [2,000] million shall be allocated to the Member States indicatively as follows:
Amendment 176 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) EUR 1,200 million, as
Amendment 177 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) EUR [450] million, based on the results of the mechanism described in Article 7;
Amendment 178 #
Proposal for a regulation Article 6 – paragraph 1 – point c (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.
Amendment 179 #
Proposal for a regulation Article 6 – paragraph 3 3. Member States which accede to the Union in the period 2012-2020 shall not benefit from allocations for national programmes under this instrument while and as long as they benefit from a temporary instrument of the Union which supports the beneficiary Member States to finance actions at new external borders of the Union for the implementation of the Schengen acquis on borders and visa and external border control.
Amendment 180 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3a. The Commission, in accordance with the Frontex Agency, shall define a minimum percentage of the resources to be earmarked for EUROSUR in each national programme.
Amendment 181 #
Proposal for a regulation Article 7 – paragraph 2 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 and provided the budgetary authority is informed on time.
Amendment 182 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 1. In order to allocate the amount indicated in point c) of Article 6(1), by 1 June 2017 the Commission
Amendment 183 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 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, the EASO, the Fundamental Rights Agency, civil society organisations and international organisations, a report which inter alia, in accordance with the Frontex risk analysis, shall set up threat levels at the external borders for the period 2017-2020.
Amendment 184 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 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 assessment reports drawn up as part of the Schengen evaluation and monitoring mechanism and 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.
Amendment 185 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 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 and the Member States whose borders coincide with EU external borders, 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.
Amendment 186 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 – introductory part The report shall determine the level of
Amendment 187 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 – point a – point i (i) factor 1 for normal
Amendment 188 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 – point a – point ii (ii) factor 3 for medium
Amendment 189 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 – point a – point iii (iii) factor 5 for high
Amendment 190 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 – point b – point i (i) factor 1 for normal
Amendment 191 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 – point b – point ii (ii) factor 3 for medium
Amendment 192 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 – point b – point iii (iii) factor 5 for high
Amendment 193 #
Proposal for a regulation Article 8 – paragraph 2 – point b (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
Amendment 194 #
Proposal for a regulation Article 8 – paragraph 2 – point b (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/
Amendment 195 #
Proposal for a regulation Article 9 – paragraph 2 – point b (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 lives lost at sea and to facilitate legitimate travel, including border crossings by persons in need of international protection, bearing in mind inter alia
Amendment 196 #
Proposal for a regulation Article 9 – paragraph 2 – point b (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 international provisions and standards in relation to
Amendment 197 #
Proposal for a regulation Article 9 – paragraph 2 – point c (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
Amendment 198 #
Proposal for a regulation Article 9 – paragraph 2 – point c (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
Amendment 199 #
Proposal for a regulation Article 9 – paragraph 2 – point d (d) reinforcing the integrated border management by testing and introducing new tools, interoperable systems while complying with the ban on all linkages of personal data and/or data from databases relating to third country nationals, and working methods which aim to enhance information exchange within the Member State or to improve interagency co- operation;
Amendment 200 #
Proposal for a regulation Article 9 – paragraph 2 – point e a (new) (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 201 #
Proposal for a regulation Article 9 – paragraph 2 – point f (f) increasing the capacity to face upcoming challenges
Amendment 202 #
Proposal for a regulation Article 9 – paragraph 2 – point f a (new) (fa) developing systems defined by the Commission for the information sharing for the maritime surveillance in accordance with Union legislation and guidelines;
Amendment 203 #
Proposal for a regulation Article 9 – paragraph 2 – point f a (new) (fa) stepping-up monitoring of effective compliance with international and European obligations with regard to human rights and in particular the principle of non-refoulement.
Amendment 204 #
Proposal for a regulation Article 10 – paragraph 2 – point a (a) compliance with the Union acquis on borders, asylum and visa;
Amendment 205 #
Proposal for a regulation Article 10 – paragraph 2 – point a (a) compliance with the Union acquis on borders, asylum and visa;
Amendment 206 #
Proposal for a regulation Article 10 – paragraph 2 – point a a (new) (aa) 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 207 #
Proposal for a regulation Article 10 – paragraph 2 – point b a (new) (ba) compliance with a list of priorities as regards border management defined by the Frontex Agency.
Amendment 208 #
Proposal for a regulation Article 10 – paragraph 2 – point b a (new) (ba) compliance with international and European human rights standards, including respect of the principle of non- refoulement.
Amendment 209 #
Proposal for a regulation Article 10 – paragraph 5 a (new) 5a. If shortcomings are identified through the Schengen evaluation mechanism, operational support shall be suspended but resources may be reallocated with a view to remedying the shortcomings identified in accordance with the provisions of Article 12 of this regulation.
Amendment 210 #
Proposal for a regulation Article 10 – paragraph 6 6. The Commission shall set out, by
Amendment 211 #
Proposal for a regulation Article 10 – paragraph 6 a (new) 6a. The Frontex Agency shall ensure coordination between Member States as regards the activities financed under the operating support.
Amendment 212 #
Proposal for a regulation Article 11 – paragraph 2 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.
Amendment 213 #
Proposal for a regulation Article 12 – paragraph 3 In dialogue with the Commission and the Frontex Agency, where appropriate, it shall reallocate resources under its programme, including
Amendment 214 #
Proposal for a regulation Article 13 – paragraph 2 – point a (a) to support the preparatory, monitoring, administrative and technical support, for the development of an evaluation mechanism, required to implement external borders, asylum and visa policies, including with regard to compliance with human rights obligations and humanitarian law, including to implement Schengen governance as determined by the Schengen evaluation and monitoring mechanism as established by the Regulation (EU) No … on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis and the Schengen Borders Code;
Amendment 215 #
Proposal for a regulation Article 13 – paragraph 2 – point c (c) to support the development of common statistical tools and methods and common indicators;
Amendment 216 #
Proposal for a regulation Article 13 – paragraph 2 – point d (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 on human rights;
Amendment 217 #
Proposal for a regulation Article 13 – paragraph 2 – point e (e) to promote networking, mutual learning, identification and dissemination of good practices and innovative approaches at European level with a view to progressively introducing an integrated European border management system;
Amendment 218 #
Proposal for a regulation Article 13 – paragraph 2 – point e (e) to promote networking, mutual learning, identification and dissemination of
Amendment 219 #
Proposal for a regulation Article 13 – paragraph 2 – point e (e) to promote networking, mutual learning, identification and dissemination of good practices and innovative approaches amongst different stakeholders at European level;
Amendment 220 #
Proposal for a regulation Article 13 – paragraph 2 – point f Amendment 221 #
Proposal for a regulation Article 13 – paragraph 2 – point g (g) to boost the capacity of European networks to assess, promote, support and further develop Union policies and objectives;
Amendment 222 #
Proposal for a regulation Article 13 – paragraph 2 – point h (h) to support particularly innovative projects developing new methods
Amendment 223 #
Proposal for a regulation Article 13 – paragraph 2 – point i Amendment 224 #
Proposal for a regulation Article 13 – paragraph 2 – point i a (new) (ia) to support coordinating activities and information sharing between EUROPOL, Frontex Agency and the Agency for the Operational Management of Large-Scale IT-Systems.
Amendment 225 #
Proposal for a regulation Article 14 Amendment 226 #
Proposal for a regulation Article 15 Amendment 227 #
Proposal for a regulation Article 15 – paragraph 1 1. The indicative amount allocated for the
Amendment 228 #
Proposal for a regulation Article 15 – paragraph 2 – subparagraph 3 a (new) The Commission shall inform the European Parliament and Council of progress in developing new IT systems at least once a year and whenever appropriate.
Amendment 229 #
Proposal for a regulation Article 17 – paragraph 2 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 230 #
Proposal for a regulation Article 17 – paragraph 5 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 t
Amendment 231 #
Proposal for a regulation Article 21 – paragraph 1 On the basis of a proposal of the Commission, the European Parliament and the Council shall review this Regulation by
Amendment 232 #
Proposal for a regulation Annex III – paragraph 1 – introductory part Objective 1: 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, ensuring the smooth and safe crossing at the external borders, including the maritime borders
Amendment 233 #
Proposal for a regulation Annex III – paragraph 3 – introductory part 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 234 #
Proposal for a regulation Annex III – paragraph 3 – introductory part Objective 3:
Amendment 235 #
Proposal for a regulation Annex III – paragraph 3 – indent 1 – operational management of SIS
Amendment 236 #
Proposal for a regulation Annex III – paragraph 3 – indent 4 – communication infrastructure and security as well as data protection related matters
source: PE-496.290
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History
(these mark the time of scraping, not the official date of the change)
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Old
PURPOSE: to establish, as part of the Internal Security Fund, the instrument for financial support for external borders and visa. This Fund will take over from the External Borders Fund 2007-2013 which shall be repealed with effect from 1 January 2014. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: the policies related to the Area of Freedom, Security and Justice have been steadily growing in importance over the last years. These policies are at the heart of the European project to create an area without internal borders where Union citizens and third-country nationals may enter, circulate, live and work. In the field of Internal Security, key documents such as the Commission's Communication on the Internal Security Strategy have provided clear guidance on the direction of activities in the years to come. For border management and visa policy, the Communication on Migration outlined in more detail the challenges ahead in relation to border security and the development of an area without internal borders. The Communication on the Schengen governance presented proposals to strengthen the Schengen acquis by means of a governance system capable of responding effectively, and in a timely and coordinated Union-wide way, to exceptional circumstances and challenges which might put the overall functioning of Schengen at stake. The Communication on smart borders options and the way ahead outlines how new IT systems such as an Entry/exit system and a Registered Traveller Programme can contribute to a better management of migration flows in the Union. A key component in the common integrated border management system has been the development of Union solidarity mechanisms, supporting a uniform and high-quality application of the Union standards on border management and the common visa policy. Enhancing the coordination of operational co-operation by the Member States on border control through the Frontex Agency constitutes an important step towards the development of the system. Moreover, with the External Borders Fund, the Union expresses solidarity through financial assistance to those Member States that apply the Schengen provisions on external borders and visa. It is against this background that the Commission, in its proposal on the next multi-annual financial framework for the period 2014-2020, suggested to set up an Internal Security Fund, as part of a simplified two-Fund structure for future expenditure in the home affairs area which also includes the creation of an Asylum and Migration Fund. IMPACT ASSESSMENT: in accordance with the greater emphasis placed on evaluation as a tool to inform policy making, this proposal is informed by evaluation results, stakeholder consultation and impact assessment. Work on the preparation of the future financial instruments for home affairs started in 2010 and continued into 2011. It was completed in July 2011 and brought together available evaluation results for the existing financial instruments and informed the problems, objectives and policy options, including their likely impact, examined in the impact assessment. On the basis of this study, the Commission drafted an impact assessment report. The main conclusion may be summarised as follows:
In the area of internal security, stakeholders considered that the broad thematic priorities have already been fixed by the 2009 Stockholm Programme and the 2010 Internal Security Strategy. A future funding mechanism should therefore be defined comprehensively, comprising law enforcement, border guards and customs communities. The need to make greater use of relevant Union agencies, such as Europol and Frontex was also considered important. There was broad support to reduce the number of financial instruments to a two-Fund structure on the condition that this leads to simplification. Stakeholders also agreed on the need for a flexible emergency response mechanism. LEGAL BASIS: Article 77 (2) of the Treaty on the Functioning of the European Union (TFEU). The creation of the Internal Security Fund requires the adoption of two legislative instruments which jointly constitute the Fund. This overall structure was chosen in light of the Treaty obligations. It is not legally possible to draw up one single comprehensive legislative proposal for an Internal Security Fund, despite the coherence of the policy objectives to be addressed. The Internal Security Fund is therefore created as a comprehensive financial framework which is composed of two separate acts, setting up the different components of the Fund and laying down the objectives, the eligible actions and the envelopes of each component: - A Regulation setting up, as part of the Fund, the component for police co-operation, preventing and combating crime, and crisis management; - This Regulation setting up, as part of the Fund, the border management and common visa policy component. CONTENT: with this proposal, the Commission proposes to establish the instrument for financial support for the management of external borders and the common visa policy as part of the Internal Security Fund. Jointly with the future Regulation establishing as part of the Internal Security Fund, the instrument for financial support for police co-operation, preventing and combating crime, and crisis management, this Regulation establishes for the period from 1 January 2014 to 31 December 2020 the Internal Security Fund. Main objectives: the general objective of the Instrument shall be to contribute to ensuring a high level of security in the European Union. Within the general objective, the Instrument shall contribute - in line with the priorities identified in relevant EU Strategies, programmes, threat and risk assessments - to the following specific objectives:
To achieve these objectives, the instrument shall contribute to the following operational objectives:
For each of these objectives, key indicators are defined. It should be noted that actions related to the temporary and exceptional reintroduction of border control at internal borders as referred to in the Schengen Borders Code are not eligible. Implementation: the Commission envisages to give the implementation tasks of this programme to the Agency for the Operational Management of Large-Scale IT-Systems in the area of Freedom, Security and Justice (IT Agency). This Regulation would in this case be amended at the appropriate time to include the tasks specifically in the mission of the Agency. Allocation of Funds: in view of the above, the allocation of funding under shared management is based on a combination of:
(1) The basic amount is allocated to the Member States at the start of the next MFF and calculated on the basis of objective criteria and needs. It is 60% of the overall envelope for national programmes and the allocations are laid down per Member State in Annex I of this Regulation. They are based on the 2010-2012 calculations under the External Borders Fund, whilst incorporating a minimum amount for each Member State. This will ensure some continuity with the current MFF and give the Member States financial stability to plan their national multiannual programmes. (2) The flexible amount will be added to the basic amount depending on the willingness of each Member State to finance under its national programme actions that respond to specific Union priorities. These specific actions are defined in Annex II and can be amended. In principle, it would be allocated in two phases: at the start of the MFF, as part of the policy dialogue and negotiations on the national programmes of the relevant Member States, and during a mid-term review in 2017. This mid-term review would be the occasion to re-examine the situation in Member States and to allocate new resources for the remaining years of the MFF (2018-2020). Mid-term review: this mid-term review would be the occasion to re-examine the situation in Member States and to allocate new resources for the remaining years of the MFF (2018-2020). These risk/needs assessments could be produced with the help of the Frontex Agency. Member States who, on the basis of these assessments, have more needs or face increased risks will receive an additional amount, thereby giving tangible expression to the principle of solidarity and responsibility-sharing. Union agencies: to use more effectively the competences and expertise of relevant Union agencies in the home affairs field, the Commission also envisages to make use of the possibility offered by the Financial Regulation to entrust, with the resources available under this Regulation, the implementation of specific tasks to such agencies, in the framework of their missions and in complementarity to their work programmes. For the tasks covered under this Instrument this concerns in particular: (i) the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex Agency), for activities in and outside the Union requiring operational expertise on border control;(ii) the European Asylum Support Office (EASO), for activities such as training on asylum addressed to border guards; (iii) the European Police Office (Europol) and the European Police College (CEPOL) in the light of interagency co-operation of law enforcement authorites with border guards; (iv) the Agency for the Operational Management of Large-Scale IT-Systems in the Area of Freedom Security and Justice (IT Agency) insofar as the development of new IT systems is concerned. BUDGETARY IMPLICATION: the Commission's proposal for the next multi-annual framework includes a proposal of EUR 4 648 million (in current prices) for the Internal Security Fund for the period 2014-2020. Within this global envelope, the resources available for the implementation of this specific Regulation amount to EUR 3,520 million. Indicatively:
Moreover, outside the scope of the Internal Security Fund, a separate envelope of EUR 822 million (current prices) is set aside for the management of existing large scale-IT systems (Schengen Information System II, Visa Information System and Eurodac). The management of these systems will gradually be transferred from the Commission to the future Agency for the Operational Management of Large-Scale IT-Systems in the Area of Freedom Security and Justice (IT Agency) after it begins operations in late 2012. DELEGATED ACTS: in order to supplement or amend provisions in this instrument regarding the definition of specific actions under the national programmes the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. 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. New
PURPOSE: to establish, as part of the Internal Security Fund, the instrument for financial support for external borders and visa. This Fund will take over from the External Borders Fund 2007-2013 which shall be repealed with effect from 1 January 2014. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: the policies related to the Area of Freedom, Security and Justice have been steadily growing in importance over the last years. These policies are at the heart of the European project to create an area without internal borders where Union citizens and third-country nationals may enter, circulate, live and work. In the field of Internal Security, key documents such as the Commission's Communication on the Internal Security Strategy have provided clear guidance on the direction of activities in the years to come. For border management and visa policy, the Communication on Migration outlined in more detail the challenges ahead in relation to border security and the development of an area without internal borders. The Communication on the Schengen governance presented proposals to strengthen the Schengen acquis by means of a governance system capable of responding effectively, and in a timely and coordinated Union-wide way, to exceptional circumstances and challenges which might put the overall functioning of Schengen at stake. The Communication on smart borders options and the way ahead outlines how new IT systems such as an Entry/exit system and a Registered Traveller Programme can contribute to a better management of migration flows in the Union. A key component in the common integrated border management system has been the development of Union solidarity mechanisms, supporting a uniform and high-quality application of the Union standards on border management and the common visa policy. Enhancing the coordination of operational co-operation by the Member States on border control through the Frontex Agency constitutes an important step towards the development of the system. Moreover, with the External Borders Fund, the Union expresses solidarity through financial assistance to those Member States that apply the Schengen provisions on external borders and visa. It is against this background that the Commission, in its proposal on the next multi-annual financial framework for the period 2014-2020, suggested to set up an Internal Security Fund, as part of a simplified two-Fund structure for future expenditure in the home affairs area which also includes the creation of an Asylum and Migration Fund. IMPACT ASSESSMENT: in accordance with the greater emphasis placed on evaluation as a tool to inform policy making, this proposal is informed by evaluation results, stakeholder consultation and impact assessment. Work on the preparation of the future financial instruments for home affairs started in 2010 and continued into 2011. It was completed in July 2011 and brought together available evaluation results for the existing financial instruments and informed the problems, objectives and policy options, including their likely impact, examined in the impact assessment. On the basis of this study, the Commission drafted an impact assessment report. The main conclusion may be summarised as follows:
In the area of internal security, stakeholders considered that the broad thematic priorities have already been fixed by the 2009 Stockholm Programme and the 2010 Internal Security Strategy. A future funding mechanism should therefore be defined comprehensively, comprising law enforcement, border guards and customs communities. The need to make greater use of relevant Union agencies, such as Europol and Frontex was also considered important. There was broad support to reduce the number of financial instruments to a two-Fund structure on the condition that this leads to simplification. Stakeholders also agreed on the need for a flexible emergency response mechanism. LEGAL BASIS: Article 77 (2) of the Treaty on the Functioning of the European Union (TFEU). The creation of the Internal Security Fund requires the adoption of two legislative instruments which jointly constitute the Fund. This overall structure was chosen in light of the Treaty obligations. It is not legally possible to draw up one single comprehensive legislative proposal for an Internal Security Fund, despite the coherence of the policy objectives to be addressed. The Internal Security Fund is therefore created as a comprehensive financial framework which is composed of two separate acts, setting up the different components of the Fund and laying down the objectives, the eligible actions and the envelopes of each component: - A Regulation setting up, as part of the Fund, the component for police co-operation, preventing and combating crime, and crisis management; - This Regulation setting up, as part of the Fund, the border management and common visa policy component. CONTENT: with this proposal, the Commission proposes to establish the instrument for financial support for the management of external borders and the common visa policy as part of the Internal Security Fund. Jointly with the future Regulation establishing as part of the Internal Security Fund, the instrument for financial support for police co-operation, preventing and combating crime, and crisis management, this Regulation establishes for the period from 1 January 2014 to 31 December 2020 the Internal Security Fund. Main objectives: the general objective of the Instrument shall be to contribute to ensuring a high level of security in the European Union. Within the general objective, the Instrument shall contribute - in line with the priorities identified in relevant EU Strategies, programmes, threat and risk assessments - to the following specific objectives:
To achieve these objectives, the instrument shall contribute to the following operational objectives:
For each of these objectives, key indicators are defined. It should be noted that actions related to the temporary and exceptional reintroduction of border control at internal borders as referred to in the Schengen Borders Code are not eligible. Implementation: the Commission envisages to give the implementation tasks of this programme to the Agency for the Operational Management of Large-Scale IT-Systems in the area of Freedom, Security and Justice (IT Agency). This Regulation would in this case be amended at the appropriate time to include the tasks specifically in the mission of the Agency. Allocation of Funds: in view of the above, the allocation of funding under shared management is based on a combination of:
(1) The basic amount is allocated to the Member States at the start of the next MFF and calculated on the basis of objective criteria and needs. It is 60% of the overall envelope for national programmes and the allocations are laid down per Member State in Annex I of this Regulation. They are based on the 2010-2012 calculations under the External Borders Fund, whilst incorporating a minimum amount for each Member State. This will ensure some continuity with the current MFF and give the Member States financial stability to plan their national multiannual programmes. (2) The flexible amount will be added to the basic amount depending on the willingness of each Member State to finance under its national programme actions that respond to specific Union priorities. These specific actions are defined in Annex II and can be amended. In principle, it would be allocated in two phases: at the start of the MFF, as part of the policy dialogue and negotiations on the national programmes of the relevant Member States, and during a mid-term review in 2017. This mid-term review would be the occasion to re-examine the situation in Member States and to allocate new resources for the remaining years of the MFF (2018-2020). Mid-term review: this mid-term review would be the occasion to re-examine the situation in Member States and to allocate new resources for the remaining years of the MFF (2018-2020). These risk/needs assessments could be produced with the help of the Frontex Agency. Member States who, on the basis of these assessments, have more needs or face increased risks will receive an additional amount, thereby giving tangible expression to the principle of solidarity and responsibility-sharing. Union agencies: to use more effectively the competences and expertise of relevant Union agencies in the home affairs field, the Commission also envisages to make use of the possibility offered by the Financial Regulation to entrust, with the resources available under this Regulation, the implementation of specific tasks to such agencies, in the framework of their missions and in complementarity to their work programmes. For the tasks covered under this Instrument this concerns in particular: (i) the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex Agency), for activities in and outside the Union requiring operational expertise on border control;(ii) the European Asylum Support Office (EASO), for activities such as training on asylum addressed to border guards; (iii) the European Police Office (Europol) and the European Police College (CEPOL) in the light of interagency co-operation of law enforcement authorites with border guards; (iv) the Agency for the Operational Management of Large-Scale IT-Systems in the Area of Freedom Security and Justice (IT Agency) insofar as the development of new IT systems is concerned. BUDGETARY IMPLICATION: the Commission's proposal for the next multi-annual framework includes a proposal of EUR 4 648 million (in current prices) for the Internal Security Fund for the period 2014-2020. Within this global envelope, the resources available for the implementation of this specific Regulation amount to EUR 3,520 million. Indicatively:
Moreover, outside the scope of the Internal Security Fund, a separate envelope of EUR 822 million (current prices) is set aside for the management of existing large scale-IT systems (Schengen Information System II, Visa Information System and Eurodac). The management of these systems will gradually be transferred from the Commission to the future Agency for the Operational Management of Large-Scale IT-Systems in the Area of Freedom Security and Justice (IT Agency) after it begins operations in late 2012. DELEGATED ACTS: in order to supplement or amend provisions in this instrument regarding the definition of specific actions under the national programmes the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. 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. |
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Old
The Council held a first exchange of views on the Commission proposals in the justice and home affairs area in the context of the multiannual financial framework (2014-2020):
On the justice side, the Council discussed the two proposals for regulations establishing the Justice programme and the Rights and Citizenship programme. New
The Council held a first exchange of views on the Commission proposals in the justice and home affairs area in the context of the multiannual financial framework (2014-2020):
On the justice side, the Council discussed the two proposals for regulations establishing the Justice programme and the Rights and Citizenship programme. |


