                  30.12.2015

                  EN

                  Official Journal of the European Union

                  C 440/200

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

         The European Parliament,

                  —

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

                  —

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

                  1.

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

         MANDATE

         Amendment 1

         Draft legislative resolution

         Paragraph 1 a (new)

                     Draft legislative resolution

                     Amendment

                        1a.

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

         Amendment 2

         Draft legislative resolution

         Paragraph 1 b (new)

                     Draft legislative resolution

                     Amendment

                        1b.

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

                            (1)

                        ; reiterates that sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil the existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; points out that even with an increase in the level of resources for the next MFF of at least 5 % compared to the 2013 level only a limited contribution can be made to the achievement of the Union’s agreed objectives and commitments and the principle of Union solidarity; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value;

         Amendment 3

         Draft legislative resolution

         Paragraph 1 c (new)

                     Draft legislative resolution

                     Amendment

                        1c.

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

         Amendment 4

         Proposal for a regulation

         Recital 1

                     Text proposed by the Commission

                     Amendment

                              (1)

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

                              (1)

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

         Amendment 5

         Proposal for a regulation

         Recital 1 a (new)

                     Text proposed by the Commission

                     Amendment

                                    (1a)

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

         Amendment 6

         Proposal for a regulation

         Recital 1 b (new)

                     Text proposed by the Commission

                     Amendment

                                    (1b)

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

         Amendment 7

         Proposal for a regulation

         Recital 1 c (new)

                     Text proposed by the Commission

                     Amendment

                                    (1c)

                                    In its resolution of 8 June 2011

                                        (2)

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

         Justification

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

         Amendment 8

         Proposal for a regulation

         Recital 2 a (new)

                     Text proposed by the Commission

                     Amendment

                                    (2a)

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

         Amendment 9

         Proposal for a regulation

         Recital 3

                     Text proposed by the Commission

                     Amendment

                              (3)

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

                              (3)

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

         Amendment 10

         Proposal for a regulation

         Recital 3 a (new)

                     Text proposed by the Commission

                     Amendment

                                    (3a)

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

         Amendment 11

         Proposal for a regulation

         Recital 6 a (new)

                     Text proposed by the Commission

                     Amendment

                                    (6a)

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

         Justification

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

         Amendment 12

         Proposal for a regulation

         Recital 8

                     Text proposed by the Commission

                     Amendment

                              (8)

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

                              (8)

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

         Amendment 13

         Proposal for a regulation

         Recital 11

                     Text proposed by the Commission

                     Amendment

                              (11)

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

                              (11)

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

         Amendment 14

         Proposal for a regulation

         Recital 13

                     Text proposed by the Commission

                     Amendment

                              (13)

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

                              (13)

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

         Amendment 15

         Proposal for a regulation

         Recital 13 a (new)

                     Text proposed by the Commission

                     Amendment

                                    (13a)

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

         Amendment 16

         Proposal for a regulation

         Recital 13 b (new)

                     Text proposed by the Commission

                     Amendment

                                    (13b)

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

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

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

         Justification

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

         Amendment 17

         Proposal for a regulation

         Recital 14

                     Text proposed by the Commission

                     Amendment

                              (14)

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

                              (14)

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

         Amendment 18

         Proposal for a regulation

         Recital 16

                     Text proposed by the Commission

                     Amendment

                              (16)

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

                              (16)

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

         Amendment 19

         Proposal for a regulation

         Recital 17

                     Text proposed by the Commission

                     Amendment

                              (17)

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

                              (17)

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

         Amendment 20

         Proposal for a regulation

         Recital 18

                     Text proposed by the Commission

                     Amendment

                              (18)

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

                              (18)

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

         Amendment 21

         Proposal for a regulation

         Recital 19

                     Text proposed by the Commission

                     Amendment

                              (19)

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

                              (19)

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

         Amendment 22

         Proposal for a regulation

         Recital 20

                     Text proposed by the Commission

                     Amendment

                              (20)

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

                              (20)

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

         Amendment 23

         Proposal for a regulation

         Recital 21

                     Text proposed by the Commission

                     Amendment

                              (21)

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

                              (21)

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

         Amendment 24

         Proposal for a regulation

         Recital 21 a (new)

                     Text proposed by the Commission

                     Amendment

                                    (21a)

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

         Amendment 25

         Proposal for a regulation

         Recital 22

                     Text proposed by the Commission

                     Amendment

                              (22)

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

                              (22)

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

         Amendment 26

         Proposal for a regulation

         Recital 23

                     Text proposed by the Commission

                     Amendment

                              (23)

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

                              (23)

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

         Amendment 27

         Proposal for a regulation

         Recital 24

                     Text proposed by the Commission

                     Amendment

                              (24)

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

                              (24)

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

         Amendment 28

         Proposal for a regulation

         Recital 26 a (new)

                     Text proposed by the Commission

                     Amendment

                                    (26a)

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

         Amendment 29

         Proposal for a regulation

         Recital 26 b (new)

                     Text proposed by the Commission

                     Amendment

                                    (26b)

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

         Amendment 30

         Proposal for a regulation

         Recital 26 c (new)

                     Text proposed by the Commission

                     Amendment

                                    (26c)

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

         Amendment 31

         Proposal for a regulation

         Recital 26 d (new)

                     Text proposed by the Commission

                     Amendment

                                    (26d)

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

         Amendment 32

         Proposal for a regulation

         Recital 26 e (new)

                     Text proposed by the Commission

                     Amendment

                                    (26e)

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

         Amendment 33

         Proposal for a regulation

         Recital 26 f (new)

                     Text proposed by the Commission

                     Amendment

                                    (26f)

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

         Amendment 34

         Proposal for a regulation

         Recital 26 g (new)

                     Text proposed by the Commission

                     Amendment

                                    (26 g)

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

         Amendment 35

         Proposal for a regulation

         Recital 26 h (new)

                     Text proposed by the Commission

                     Amendment

                                    (26h)

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

         Amendment 36

         Proposal for a regulation

         Recital 28

                     Text proposed by the Commission

                     Amendment

                              (28)

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

                              (28)

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

         Amendment 37

         Proposal for a regulation

         Article 2 — point a a (new)

                     Text proposed by the Commission

                     Amendment

                                    (aa)

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

         Amendment 38

         Proposal for a regulation

         Article 3 — paragraph 1

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 39

         Proposal for a regulation

         Article 3 — paragraph 2 — introductory part

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 40

         Proposal for a regulation

         Article 3 — paragraph 2 — point a — subparagraph 1

                     Text proposed by the Commission

                     Amendment

                              (a)

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

                              (a)

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

         Amendment 41

         Proposal for a regulation

         Article 3 — paragraph 2 — point a — subparagraph 2

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 42

         Proposal for a regulation

         Article 3 — paragraph 2 — point b — subparagraph 1

                     Text proposed by the Commission

                     Amendment

                              (b)

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

                              (b)

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

         Amendment 43

         Proposal for a regulation

         Article 3 — paragraph 2 — point b — subparagraph 2

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 44

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (ba)

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

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

         Amendment 45

         Proposal for a regulation

         Article 3 — paragraph 2 — last subparagraph (new)

                     Text proposed by the Commission

                     Amendment

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

         Amendment 46

         Proposal for a regulation

         Article 3 — paragraph 3 — point a

                     Text proposed by the Commission

                     Amendment

                              (a)

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

                              (a)

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

         Amendment 47

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (aa)

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

         Amendment 48

         Proposal for a regulation

         Article 3 — paragraph 3 — point b

                     Text proposed by the Commission

                     Amendment

                              (b)

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

                              (b)

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

         Amendment 49

         Proposal for a regulation

         Article 3 — paragraph 3 — point c

                     Text proposed by the Commission

                     Amendment

                              (c)

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

                              (c)

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

         Amendment 50

         Proposal for a regulation

         Article 3 — paragraph 3 — point d

                     Text proposed by the Commission

                     Amendment

                              (d)

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

                              (d)

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

         Amendment 51

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (da)

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

         Amendment 52

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (db)

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

         Amendment 53

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (dc)

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

         Amendment 54

         Proposal for a regulation

         Article 3 — paragraph 3 — point e

                     Text proposed by the Commission

                     Amendment

                              (e)

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

                              (e)

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

         Amendment 55

         Proposal for a regulation

         Article 3 — paragraph 3 — point f

                     Text proposed by the Commission

                     Amendment

                              (f)

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

                              (f)

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

         Amendment 56

         Proposal for a regulation

         Article 4 — paragraph 1 — introductory part

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 57

         Proposal for a regulation

         Article 4 — paragraph 1 — point a

                     Text proposed by the Commission

                     Amendment

                              (a)

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

                              (a)

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

         Amendment 58

         Proposal for a regulation

         Article 4 — paragraph 1 — point b

                     Text proposed by the Commission

                     Amendment

                              (b)

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

                              (b)

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

         Amendment 59

         Proposal for a regulation

         Article 4 — paragraph 1 — point d

                     Text proposed by the Commission

                     Amendment

                              (d)

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

                              (d)

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

         Amendment 60

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (da)

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

         Amendment 61

         Proposal for a regulation

         Article 4 — paragraph 1 — point e

                     Text proposed by the Commission

                     Amendment

                              (e)

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

                              (e)

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

         Amendment 62

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (ea)

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

         Amendment 63

         Proposal for a regulation

         Article 4 — paragraph 2 — introductory part

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 64

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (ba)

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

         Amendment 65

         Proposal for a regulation

         Article 4 — paragraph 2 — point c

                     Text proposed by the Commission

                     Amendment

                              (c)

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

                              (c)

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

         Amendment 66

         Proposal for a regulation

         Article 4 — paragraph 2 — point d

                     Text proposed by the Commission

                     Amendment

                              (d)

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

                              (d)

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

         Justification

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

         Amendment 67

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (da)

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

         Amendment 68

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

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

         Amendment 69

         Proposal for a regulation

         Article 5 — paragraph 2

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 70

         Proposal for a regulation

         Article 5 — paragraph 4 — subparagraph 1

                     Text proposed by the Commission

                     Amendment

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

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

         Justification

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

         Amendment 71

         Proposal for a regulation

         Article 5 — paragraph 4 — subparagraph 2

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 72

         Proposal for a regulation

         Article 5 — paragraph 4 a (new)

                     Text proposed by the Commission

                     Amendment

                        4a.

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

         Justification

         Bringing the wording into line with the revised Financial Regulation.

         Amendment 73

         Proposal for a regulation

         Article 5 — paragraph 5 — introductory part

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 74

         Proposal for a regulation

         Article 6 — paragraph 1 — introductory part

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 75

         Proposal for a regulation

         Article 6 — paragraph 1 — point a

                     Text proposed by the Commission

                     Amendment

                              (a)

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

                              (a)

                                    34 % as follows:

                                                (i)

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

                                                (ii)

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

         Amendment 76

         Proposal for a regulation

         Article 6 — paragraph 1 — point b

                     Text proposed by the Commission

                     Amendment

                              (b)

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

                              (b)

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

         Amendment 77

         Proposal for a regulation

         Article 6 — paragraph 1 — point c

                     Text proposed by the Commission

                     Amendment

                              (c)

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

                              (c)

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

         Amendment 78

         Proposal for a regulation

         Article 6 — paragraph 1 a (new)

                     Text proposed by the Commission

                     Amendment

                        1a.

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

         Amendment 79

         Proposal for a regulation

         Article 6 — paragraph 1 b (new)

                     Text proposed by the Commission

                     Amendment

                        1b.

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

         Amendment 80

         Proposal for a regulation

         Article 7 — paragraph 1

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 81

         Proposal for a regulation

         Article 7 — paragraph 2

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 82

         Proposal for a regulation

         Article 8 — paragraph 1 — subparagraph 1

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 83

         Proposal for a regulation

         Article 8 — paragraph 1 — subparagraph 2 — introductory part

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 84

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                              (i)

                              factor 1 for normal
                                    threat

                              (i)

                              factor 1 for normal
                                    risk

         Amendment 85

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                              (ii)

                              factor 3 for medium
                                    threat

                              (ii)

                              factor 3 for medium
                                    risk

         Amendment 86

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                              (iii)

                              factor 5 for high
                                    threat
                                 ;

                              (iii)

                              factor 5 for high
                                    risk
                                 ;

         Amendment 87

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                              (i)

                              factor 1 for normal
                                    threat

                              (i)

                              factor 1 for normal
                                    risk

         Amendment 88

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                              (ii)

                              factor 3 for medium
                                    threat

                              (ii)

                              factor 3 for medium
                                    risk

         Amendment 89

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                              (iii)

                              factor 5 for high
                                    threat
                                 .

                              (iii)

                              factor 5 for high
                                    risk
                                 .

         Amendment 90

         Proposal for a regulation

         Article 8 — paragraph 1 — subparagraph 3

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 91

         Proposal for a regulation

         Article 8 — paragraph 2 — point b

                     Text proposed by the Commission

                     Amendment

                              (b)

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

                              (b)

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

         Amendment 92

         Proposal for a regulation

         Article 8 — paragraph 3 — subparagraph 2

                     Text proposed by the Commission

                     Amendment

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

                        deleted

         Justification

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

         Amendment 93

         Proposal for a regulation

         Article 9 — paragraph 1

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 94

         Proposal for a regulation

         Article 9 — paragraph 2 — point b

                     Text proposed by the Commission

                     Amendment

                              (b)

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

                              (b)

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

         Amendment 95

         Proposal for a regulation

         Article 9 — paragraph 2 — point c

                     Text proposed by the Commission

                     Amendment

                              (c)

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

                              (c)

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

         Justification

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

         Amendment 96

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (da)

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

         Amendment 97

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (db)

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

         Amendment 98

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (ea)

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

         Amendment 99

         Proposal for a regulation

         Article 9 — paragraph 2 — point f

                     Text proposed by the Commission

                     Amendment

                              (f)

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

                              (f)

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

         Amendment 100

         Proposal for a regulation

         Article 10 — paragraph 1

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 101

         Proposal for a regulation

         Article 10 — paragraph 2 — point a

                     Text proposed by the Commission

                     Amendment

                              (a)

                              compliance with the Union acquis on borders and visa;

                              (a)

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

         Amendment 102

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (aa)

                                    compliance with the objectives of the national programme;

         Amendment 103

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (ab)

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

         Amendment 104

         Proposal for a regulation

         Article 10 — paragraph 5 a (new)

                     Text proposed by the Commission

                     Amendment

                        5a.

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

         Amendment 105

         Proposal for a regulation

         Article 10 — paragraph 6

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 106

         Proposal for a regulation

         Article 10 — paragraph 6 a (new)

                     Text proposed by the Commission

                     Amendment

                        6a.

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

         Amendment 107

         Proposal for a regulation

         Article 11 — paragraph 2

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 108

         Proposal for a regulation

         Article 12 — subparagraph 1

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 109

         Proposal for a regulation

         Article 12 — subparagraph 2

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 110

         Proposal for a regulation

         Article 12 — subparagraph 3

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 111

         Proposal for a regulation

         Article 13 — paragraph 2 — point b

                     Text proposed by the Commission

                     Amendment

                              (b)

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

                              (b)

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

         Amendment 112

         Proposal for a regulation

         Article 13 — paragraph 2 — point c

                     Text proposed by the Commission

                     Amendment

                              (c)

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

                              (c)

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

         Amendment 113

         Proposal for a regulation

         Article 13 — paragraph 2 — point d

                     Text proposed by the Commission

                     Amendment

                              (d)

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

                              (d)

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

         Amendment 114

         Proposal for a regulation

         Article 13 — paragraph 2 — point e

                     Text proposed by the Commission

                     Amendment

                              (e)

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

                              (e)

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

         Amendment 115

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (ea)

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

         Amendment 116

         Proposal for a regulation

         Article 13 — paragraph 2 — point g

                     Text proposed by the Commission

                     Amendment

                              (g)

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

                              (g)

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

         Amendment 117

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

                                    (ia)

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

         Amendment 118

         Proposal for a regulation

         Article 15 — paragraph 1

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 119

         Proposal for a regulation

         Article 15 — paragraph 2 — subparagraph 2

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 120

         Proposal for a regulation

         Article 15 — paragraph 2 — subparagraph 3

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 121

         Proposal for a regulation

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

                     Text proposed by the Commission

                     Amendment

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

         Amendment 122

         Proposal for a regulation

         Article 17 — paragraph 2

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 123

         Proposal for a regulation

         Article 17 — paragraph 5

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 124

         Proposal for a regulation

         Article 22

                     Text proposed by the Commission

                     Amendment

                  Article
                        21

                  Article
                        22

                  Review

                  Review

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

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

         Amendment 125

         Proposal for a regulation

         Annex I

                     Text proposed by the Commission

                     Amendment

                        Annex deleted

         Amendment 126

         Proposal for a regulation

         Annex III — Objective 1 — indent 2

                     Text proposed by the Commission

                     Amendment

                              —

                              staff
                                    cost

                              —

                              staff
                                    costs, including for training

         Amendment 127

         Proposal for a regulation

         Annex III — Objective 2 — indent 2

                     Text proposed by the Commission

                     Amendment

                              —

                              staff
                                    cost

                              —

                              staff
                                    costs, including for training

         Amendment 128

         Proposal for a regulation

         Annex III — Objective 3 — indent 2

                     Text proposed by the Commission

                     Amendment

                              —

                              staff
                                    cost

                              —

                              staff
                                    costs, including for training

         Amendment 129

         Proposal for a regulation

         Annex III — paragraph 3 — introductory part

                     Text proposed by the Commission

                     Amendment

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

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

         Amendment 130

         Proposal for a regulation

         Annex III — paragraph 3 — indent 4

                     Text proposed by the Commission

                     Amendment

                              —

                              communication infrastructure and security related matters

                              —

                              communication infrastructure and security
                                    as well as data protection
                                  related matters

         (1)
            Texts adopted, P7_TA(2011)0266.

         (2)
            Texts adopted, P7_TA(2011)0266.