European Parliament 2014-2019 Committee on Transport and Tourism 2015/0310(COD) 21.3.2016 DRAFT OPINION of the Committee on Transport and Tourism for the Committee on Civil Liberties, Justice and Home Affairs on the proposal for a regulation of the European Parliament and of the Council on the European Border and Coast Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC (COM(2015)0671 C8-0408/2015 2015/0310(COD)) Rapporteur: Marie-Christine Arnautu PA\1090030.doc PE580.429v01-00 United in diversity
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SHORT JUSTIFICATION Context The principle cause of the beginning of the so-called migrant crisis was in the regrettable diplomatic and military decisions by western countries, primarily the United States, France and the United Kingdom, who sought the overthrow of the Arab republics of Iraq, Libya and Syria, regimes which can certainly be criticised on many counts, but who guaranteed stability and civil peace within their respective borders. In every case, the consequences of this policy have been chaos and the growth of Islamic terrorism, leading to the millions of people leaving, trying to escape at best hardship, if not slavery and death. In 2015, the European Union had to cope with the arrival of 1.83 million illegal immigrants in its territory and the request for asylum from 1.3 million of them, representing an increase of 130% in a single year. While the danger represented by the influx of refugees was underestimated as acknowledged by the Polish Prime Minister, Beata Szydło, herself, numerous reports from the Director of Europol state that between 3 000 and 5 000 Islamists belonging to Islamic State have taken advantage of the migrant flow to get into Europe. The terrible attacks of 13 November 2015 in Paris are proof of that. Furthermore, it should be remembered that the border management agency Frontex has itself made it clear that the great majority of these migrants were not fleeing war but seeking better living conditions. They have been encouraged in this by certain European leaders, including the German Chancellor, wanting to respond to the demands of major employers in their countries. Indeed, major employers prefer filling vacancies with employees who are less demanding than German nationals or more established immigrants in a situation nevertheless unique in the Union; that of full employment. The other Member States which have tens of millions of unemployed and a hopeless financial situation cannot, for their part, provide these new arrivals with even basic needs. The irresponsible call for immigration from these European leaders is the cause of hundreds of deaths in the Mediterranean. (...) Perhaps they believe their invitation is a positive humanitarian gesture. They are mistaken. On the contrary, they are doing Europe a disservice. But that is the furthest thing from their minds lamented Václav Klaus, former president of the Czech Republic. According to Europol, in 2015, smugglers would have made EUR 6 billion in profits, EUR 2 million alone from Turkey, a country which knowingly allows smugglers to organise trafficking to Greece, a ruined State subjected to the decisions of the Troïka and unable to cope with this organised invasion, to borrow a phrase used by the Czech President, Mr Miloš Zeman, in his Christmas message last year. This situation would never have occurred had the internal borders of the Union not been dismantled within the Schengen area. The European leaders who were the first to become aware of this, such as the Hungarian Prime Minister Viktor Orban, found themselves PA\1090030.doc 3/11 PE580.429v01-00
reprimanded and threatened with retaliatory measures when all they were seeking to do by applying the treaties was to protect their citizens and stop what the Slovakian Prime Minister Robert Fico has termed the ritual suicide of Europe. The situation had to steadily worsen before the other European leaders opened their eyes, as was the case with the Austrian Chancellor, Werner Faymann, who declared that all migrants stopped in the Aegean Sea should have been sent back to Turkey immediately. Impact on the transport sector It is obvious that the migrant crisis affects the safety and security of transport within the European Union. The port of Piraeus has received 4 000 migrants bound for northern Europe. The Calais jungle numbers 5 000 immigrants who try daily to reach Great Britain, notably by breaking into and stowing away in trucks bound for England. Truck drivers who repel these criminal acts are regularly assaulted. Cases of raids on ferries leading to paralysis of the port have occurred despite protective measures put in place by the French government in the area surrounding the Calais port facilities. Illegal immigrants walk along railway lines placing not only their lives in danger but also the lives of drivers using roads around the access zone areas to Great Britain. Finally, the current crisis has put the commercial maritime sector in the Mediterranean under pressure; in 2015, several hundred vessels were forced to divert to participate in rescue operations. Unfortunately this did not prevent more than 3 700 immigrants from dying at sea that same year. It is therefore urgent that effective measures are put in place to deter and prevent illegal immigrants from embarking on perilous crossings. Commission proposal and Rapporteur s position Given the urgency of the crisis and to save what remains of Schengen, the Commission proposes to strengthen the powers of Frontex. The Commission intends to use the migration crisis to undermine once again the sovereignty of States by permitting, without their agreement, the deployment of coast guards and border guards on their external borders. The report aims, without any hope of success, to ensure in an integrated way the survival of the Schengen area. The risk to its survival lies in its very existence, since before the Schengen area was created, Member States used to control their borders effectively. In matters that concern the TRAN Committee, the Rapporteur considers that given the magnitude of the crisis, cooperation between the European Maritime Safety Agency and the new agency, Frontex, may be beneficial, but only if such cooperation is approved by all Member States with the objective of combating illegal immigration and shipwrecks at sea by preventing illegal boats from setting off. Such cooperation should not lead to helping illegal immigrants to get from one shore to another, but should strongly deter them. For this reason, the rapporteur proposes, among other things, that the European Maritime Safety Agency be permitted to participate in dissuasive PE580.429v01-00 4/11 PA\1090030.doc
communication operations and in the drafting of an annual study on the organisation of the coast guards of non-eu countries whose maritime borders are hermetically sealed. AMDMTS The Committee on Transport and Tourism calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to take into account the following amendments: 1 Recital 26 (26) For the purpose of fulfilling its mission and to the extent required for the accomplishment of its tasks, the European Border and Coast Guard Agency may cooperate with Union institutions, bodies, offices and agencies as well as with international organisations in matters covered by this Regulation in the framework of working arrangements concluded in accordance with Union law and policy. Those working arrangements should receive the Commission s prior approval. (26) For the purpose of fulfilling its mission and to the extent required to accomplish its tasks, the European Border and Coast Guard Agency may cooperate with Union institutions, bodies, offices and agencies as well as with international organisations in matters covered by this Regulation in the framework of working arrangements concluded in accordance with accordance with Union law and policy and those of Member States. Those working arrangements should receive the Commission s prior approval and that of the Member States. The cooperation of the European Border and Coast Guard Agency must be endorsed by Member States on the grounds that the national organisations in matters concerning external maritime border surveillance are the first affected by the activities of the European Border and Coast Guard Agency. 2 Recital 27 (27) National authorities carrying out coast guard functions are responsible for a wide (27) National authorities carrying out coast guard functions are responsible for a wide PA\1090030.doc 5/11 PE580.429v01-00
range of tasks, including, but not limited to, maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. The European Border and Coast Guard Agency, the European Fisheries Control Agency established by Council Regulation (EC) No 768/2005 of the European Parliament and of the Council (16) and the European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council (17) should therefore strengthen their cooperation both with each other and with the national authorities carrying out coast guard functions to increase maritime situational awareness as well as supporting coherent and cost-efficient action. range of tasks, including, but not limited to, maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. The European Border and Coast Guard Agency, the European Fisheries Control Agency established by Council Regulation (EC) No 768/2005 of the European Parliament and of the Council (16) and the European Maritime Safety Agency established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council (17) should therefore strengthen their cooperation both with each other and with the national authorities carrying out coast guard functions to increase maritime situational awareness as well as supporting coherent and cost-efficient action, with the principal objectives of avoiding the tragedies at sea related to illegal immigration and guaranteeing an increased level of security to merchant and passenger vessels. To that end, and with the support of the European Maritime Safety Agency, the European Border and Coast Guard Agency shall cooperate with the national authorities of Member States to prevent the departure of vessels transporting illegal immigrants from non-eu countries or, where applicable, to board the vessels and destroy them once the illegal immigrants have been escorted to land. The European Maritime Safety Agency should provide support to the European Border and Coast Guard Agency and to the national authorities concerned since it is authorised to patrol the territorial waters of the country of departure, off the coasts of Turkey and Libya, for example. In fact, by providing integrated maritime services, the EMSA is helping the fight against illegal immigration which leads to tragedies at sea. It also helps to reducing the impact of the migrant crisis on maritime transport. PE580.429v01-00 6/11 PA\1090030.doc
3 Recital 27 a 27 (a) In cooperation with the European Maritime Safety Agency, the European Border and Coast Guard Agency must draft a report each year on the work of coast guard authorities of non-eu countries to demonstrate the monitoring and control of illegal trespassing in their territorial waters. The report shall then be forwarded to national authorities responsible for the control of external maritime borders. In order to bring an end to tragic shipwrecks, some States have undertaken ambitious measures to strengthen control of their maritime borders and prevent illegal trespassing in their territorial waters. This approach, used notably by Australia, consists of dissuading illegal immigrants from attempting to pay smugglers to make dangerous crossings in fragile, overloaded vessels. It would therefore be useful if the European agencies and national authorities responsible for the control of maritime borders could refer to them. 4 Recital 27 b 27 (b) The European Border and Coast Guard Agency, in close cooperation with the European Maritime Safety Agency and the national authorities responsible for the control of maritime borders, should communicate publicly to deter illegal immigrants from attempting sea crossings which put their lives at risk and hamper international maritime trade. It should warn that any illegal trespassing in the territorial waters of Member States is subject to sanctions, including expulsion to the country of departure or PA\1090030.doc 7/11 PE580.429v01-00
any other non-eu countries with which Member States have readmission agreements. As stated above, this amendment is based on the approach of preventing illegal immigrants from taking voyages which put their lives at risk and feed networks of unscrupulous smugglers. It is only by sending a strong message to potential immigrants that the national and European authorities with coastguards, could put an end to sordid human trafficking by smugglers. At the moment, the latter are cynically making use of the European policy of welcoming refugees to enrich themselves at the expense of their clients. 5 Article 51(2) 2. Such cooperation shall take place within the framework of working arrangements concluded with those bodies. Such arrangements shall have received the Commission's prior approval. In every case the Agency shall inform the European Parliament of any such arrangements. 2. Such cooperation shall take place within the framework of working arrangements concluded with those bodies. Such arrangements shall have received the Commission s prior approval after consultation with the Member States. In every case the Agency shall inform the European Parliament and national parliaments of any such arrangements. See justification for 1. 6 Article 51(4) 4. The Union institutions, agencies, bodies, offices and international organisations referred to in paragraph 1, shall use information received by the Agency only within the limits of their competences and 4. The Union institutions, agencies, bodies, offices and international organisations referred to in paragraph 1, shall use information received by the Agency only within the limits of their competences and PE580.429v01-00 8/11 PA\1090030.doc
in compliance with fundamental rights, including data protection requirements. Onward transmission or other communication of personal data processed by the Agency to other Union agencies or bodies shall be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval of the European Data Protection Supervisor. As regards the handling of classified information, those arrangements shall provide that the Union institution, body, office, agency or international organisation concerned shall comply with security rules and standards equivalent to those applied by the Agency. in compliance with fundamental rights, including data protection requirements. Onward transmission or other communication of personal data processed by the Agency to other Union agencies or bodies shall be subject to specific working arrangements regarding the exchange of personal data and subject to the prior approval of the European Data Protection Supervisor and shall, where applicable, inform the agency or body which collected the data initially thereof. As regards the handling of classified information, those arrangements shall provide that the Union institution, body, office, agency or international organisation concerned shall comply with security rules and standards equivalent to those applied by the Agency. This amendment is justified by the fact that the European Border and Coast Guard Agency handles a great deal of personal data provided to it by the agencies and bodies with which it collaborates. For example, if the Agency decides to transmit to such an authority certain personal data which is has received from the EMSA, the latter should be informed so that it can ensure the tracking of such data. 7 Article 52(1) introductory part 1. The Agency shall, in cooperation with the European Fisheries Control Agency and the European Maritime Safety Agency, support national authorities carrying out coast guard functions at national and Union level, and where appropriate, at international level by: 1. The Agency shall, in cooperation with the European Fisheries Control Agency and the European Maritime Safety Agency, in an effort to combat the illegal crossing of external maritime borders and prevent shipwrecks, support national authorities carrying out coast guard functions at national and Union level, and where appropriate, at international level by: PA\1090030.doc 9/11 PE580.429v01-00
See justification for amendments 2, 3 and 4. 8 Article 52(1)(d) d) capacity sharing, including the planning and implementation of multipurpose operations and the sharing of assets and other capabilities across sectors and borders. d) capacity sharing, including the planning and implementation of multipurpose operations with the prior approval of the Member States concerned, and the sharing of assets and other capabilities across sectors and borders; The planning and implementing of operations with multiple objectives should be strictly controlled by Member States, both those in whose territorial waters the operations are taking place and those who are competing for the supply of personnel and material. 9 Article 52(1)(d) (i) (new) d)(i) drafting a report each year on the work of coast guard authorities of non- EU countries showing evidence of the monitoring and controlling illegal trespassing of their territorial waters, such report to be duly forwarded to the national coast guard authorities of Member States; See justification for 3 PE580.429v01-00 10/11 PA\1090030.doc
10 Article 52(1)(d) (ii) (new) d)(ii) conducting communication campaigns aimed at strongly deterring immigrants without visas from travelling by sea to a Member State. See justification for 4. 11 Article 52(3) 3. The Commission may adopt, in the form of a recommendation, a practical handbook on European cooperation on coast guard functions, containing guidelines, recommendations and best practices for the exchange of information and cooperation at national, Union and international level. 3. The Commission, the Council or the European Parliament may adopt, in the form of an opinion, a practical handbook on European cooperation on coast guard functions, containing guidelines, recommendations and best practices for the exchange of information and cooperation at national, Union and international level. The Commission is not alone in being concerned by the methods of cooperation between coast guard authorities. PA\1090030.doc 11/11 PE580.429v01-00