Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-04-25-Speech-3-398"
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"en.20070425.39.3-398"2
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".
Mr President, Commissioner, ladies and gentlemen, allow me to express my pleasure by saying straight away that, if the RABIT draft regulation can be put to the vote in this House tomorrow with a view to an agreement at first reading, it is thanks to the fact that our three institutions have cooperated in what I would describe as an exemplary fashion.
It is thanks to the Commission, firstly. Its initial proposal was of a high quality, and throughout the discussion process it has continually shown a great capacity for smoothing things over and for easing the way for compromise. It is also thanks to the Council, particularly during the Finnish Presidency and now during the German Presidency. It has continually affirmed its desire to succeed and has spared no efforts in order to convince all of the Member States. It is thanks, in particular, to the most recent presidency of Mrs Monika Schmitt-Vockenhausen. For my part, on behalf of Parliament, I have been able to rely from the start on the solid support and confidence of the majority of the shadow rapporteurs from the other political groups within the Committee on Civil Liberties, Justice and Home Affairs, and I should like publicly to thank them. I hope that they find, in this, the expression of my gratitude.
The root of the problem to be dealt with, Mr President, is both simple and urgent. It consists of organising assistance from the Member States for those of the Member States that have to cope with the sudden arrival of huge numbers of illegal immigrants, who are anxious to cross the Union’s external borders. This problem now affects, as we know – and tragic images constantly remind us of the fact – the countries of the south of the Union. Yet, no one can rule out the possibility that, in the future, other borders – particularly those to the south-east and to the east – will be under the same sudden, recurring pressure.
The draft regulation that has been submitted to this House confirms four major principles, which I have always vigorously defended on behalf of Parliament. The first principle: solidarity in the area of external border control is not an option, but an obligation. It is for this reason that the draft regulation stipulates that the Member States must contribute to the rapid intervention reserve and must make border guards available to Frontex, at its request, unless they themselves are faced with an emergency situation to which they must attend.
The second major principle: when deployed on the territory of another Member State within the rapid intervention teams, border guards posted to the reserve are not auxiliaries or second-rate agents compared with the border guards of the Member State. Of course – and this goes without saying – members of the teams will receive their instructions from the Member State that is hosting them but, otherwise, they are on an equal footing with the national border guards. The tasks that they may carry out are the same. They have the right to wear their own uniform, with the addition of a European badge. They may carry their service weapons, in accordance with the national law of their own Member State, except in the event of a disagreement between the two Member States concerned. They may be authorised to consult European and national databases, and their accreditation document, which was provided for in the initial draft, has been stripped of all the cumbersome elements that I feel it contained.
The third major principle – and I say this, in particular, for Mr Catania’s benefit – is that respect for fundamental rights applies in all circumstances. It is for this reason that the draft regulation stipulates: firstly, that the members of the teams, together with the national border guards, must abstain from any discriminatory behaviour; secondly, that they must act in accordance with the Member States’ obligations with regard to international protection and non-refoulement; and, thirdly, that the members of the teams must act fully in accordance with the obligations of international maritime law, especially in relation to search and rescue. That is what the Commissioner has just reaffirmed to us here. Therefore, Mr Catania, the amendment that you are tabling is unnecessary. I would even say that it is insulting because it makes the assumption that, when they discover ships that are in distress, border guards, including those from Spain, Italy or Malta now, would not be particularly concerned about saving people. Lastly, the draft regulation stipulates that the European directives on the protection of personal data must be applied in full.
The fourth principle: while the situation is urgent, it is urgent for everyone. Given that the issue is one of dealing with emergency situations, the terms of the regulation provide for very short deadlines in which to intervene. The director of Frontex has a maximum of five working days in which to decide how to intervene. Once the operational plan has been established, the actual deployment of the rapid intervention teams must take place within those five working days at the latest. That being the case, it was therefore only right that, in cases of interventions that are justified but where the budgetary resources of Frontex are not adequate to meet their costs, the budgetary authority should make a commitment, in accordance with the provisions of the financial regulation, urgently to find a budgetary solution. That is the meaning of the amendment that has been added to the text of the draft regulation and that formalises the agreement reached in this regard between the Commission, Parliament and the Council.
So much, Mr President, ladies and gentlemen, for the draft on which this House will have to vote tomorrow. I do not doubt, and I hope, that it will receive your broad support."@en1
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