Brussels, 30/05/2016 (Agence Europe) - Following the EU Council of Ministers' general approach, adopted on 6 April, on Monday 30 May, the European Parliament's civil liberties committee discussed the European Commission's plans, announced in December, to set up a European Border Guard and Coast Guard (EUROPE 11526).
By 40 votes to 10 and 5 abstentions, the committee adopted a report by Latvian Pabriks Artis (EPP), giving him a negotiating mandate for talks with the Council, which the EPP says in a press release will start on 31 May.
One of the most controversial aspects of the future agency, which is due to replace and strengthen Frontex, is related to the right of initiative proposed by the Commission, which would allow the new agency, in the event of a serious failure to manage an area of the EU's external border, to intervene in a particular country, possibly without its consent. The proposal foresees in this connection a vulnerability assessment in countries particularly subject to migratory pressure, an idea that was validated by LIBE on Monday.
According to the report adopted on Monday, rapid reaction at borders would require a decision by the Council in a crisis situation. If a member state is facing increased pressure at its external border, such as migratory pressure or disproportionate cross-border criminality, rapid reaction border teams could be deployed temporarily either upon request from a member state or under a Council decision following a request from a member state, an operational plan would be approved with the European border and coast guard agency, which would deploy the necessary staff and technical equipment within three working days.
If a member state fails to use the measures proposed by the European border and coast guard or if the migratory pressure jeopardises the functioning of the Schengen area, the Commission would be able to submit an action proposal to the Council, said the EP in a press release. The Council would then decide by qualified majority on the need to send intervention teams to the border in question. The operational plan would need to be approved by the member state concerned and the European border and coast guard before the deployment could take place, stipulates the adopted text. The European Commission's initial proposal made no mention of consent being given by the member state in question.
The MEPs agreed to extend the agency's role vis-à-vis returns, but allowing it to help member states in returns operations (returning people from outside the EU who are illegal immigrants within the EU to their country of origin), both in terms of operations and in terms of technical matters, but the decision to return an individual would remain in the hands of the member state in question. Nevertheless, the MEPs decided that the European border and coast guard should not organise returns to a third country where there is a risk of violations of fundamental rights, thus complying with the principle of non-refoulement.
The MEPs emphasised the agency's search and rescue work at sea, providing information to immigrants and protecting their fundamental rights. The rapporteur says the new agency, which will be able to mobilise a permanent reserve of 1,500 border guards and organise shared management of the EU's external borders between the European level and the member states, will boost solidarity among the member states, deepen integration in terms of border management and help prevent crisis situations along external borders, explains the report.
The rapporteur suggested a number of amendments to allow the agency to be better able to achieve its aims. He says it is crucial for the agency to have the border guards and equipment it needs and to be able to deploy them rapidly when necessary. When it comes to the procedure for situations requiring urgent action, the rapporteur says that the proposal respects member states' sovereignty as it also foresees that the member state in question must agree with the agency on a plan of operations to be applied and it will be that member state that gives instructions to the various teams.
Echoing the Council, the rapporteur feels that the decisions to act and intervene should be taken by the Council in order to boost the decision-making process and put greater emphasis on member states' sovereignty. There should also be a realistic action procedure in cases for when a member state fails to implement a Council decision. It might also be necessary as a last resort in well-defined circumstances to restore border controls along some internal borders in order to protect the Schengen area as a whole, said the rapporteur, again echoing the Council's views.
The idea is to reach agreement with the Council by the summer so that the agency can come on stream in the autumn. EUROPE will return to this on 31 May. (Original version in French by Solenn Paulic)