CM1308

Note on the Proposal for a Regulation establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by Frontex (COM(2013) 197 final

The Meijers Committee is pleased to note that the proposal meets several key criticisms of Council Decision 2010/252/EU, which was annulled by the Court of Justice and is now being replaced by the current proposal.
However, the Meijers Committee is of the opinion that the proposal fails to deal with several issues
satisfactorily and recommends:
– in case of disembarkation in a third country, guarantees must be included pertaining to the presence of
legal advisors and interpreters and the availability of a remedy before an independent authority with
suspensive effect;
– interception measures should be brought in conformity with the provisions on entry conditions and
refusals of entry in the Schengen Borders Code;
– the relationship with the recast of the Asylum Procedures Directive should be clarified;
– to align the interception competences in respect of vessels found in the contiguous zone which have
not previously entered the territorial sea with those that apply to vessels found in the high seas;
– to include the provisions of the proposal on search and rescue, interception competences and
fundamental rights in Annex VI of the Borders Code, so that they will apply to all maritime controls.

Published on
23 May 2013

asylum law
EU agencies
migration law

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