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MT 20 December 2015

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maltatoday, SUNDAY, 20 DECEMBER 2015 19 Inside the EP LABOUR MEP Alfred Sant says a new EU coast guard with the power to override national compe- tences is not acceptable. "Most states at the EU's so-called external borders are small and have limit- ed resources. What is be- ing proposed, unless rad- ically amended, amounts to a further reduction of their sovereignty without any transparent counter- balancing measures that would ensure the burdens of immigration are being contained and fairly dis- tributed," the MEP said. Sant said the EU needed a functioning migration and asylum policy to un- derpin the Schengen sys- tem. "We obviously do not have it. The proposal to create a new, stronger Frontex is another pro- posal in firefighting mode. It aims to staunch the flow of migrants and refugees that has become uncontrollable in past months." Sant has however called for stronger, more effec- tive border controls and greater coherence in the formulation of migration policies. "These cannot be simply packaged in beau- tiful statements about solidarity and European values, while lacking the tools to manage them. Nor can migration poli- cies simply be declared unilaterally, provoking greater problems, and then expecting border states to assume full responsibility. The latter would then need to mobilise ad- ditional own finan- cial resources, even as Dublin 2 remains in force." The European Commission unveiled a controver- sial proposal Tuesday for a new EU border force with the power to intervene "in urgent situations" if it believes countries are failing to guard their exter- nal frontiers effectively. The measure is already drawing criticism from some countries that see it as an encroachment on their sovereign powers. The Commission is propos- ing a European Border and Coast Guard to ensure a strong and shared management of the external borders, and the introduction of systematic checks against relevant databases for all people entering or exiting the Schengen area. As European Commission First Vice-President Frans Timmermans said: "The crisis has exposed clear weaknesses and gaps in existing mechanisms aimed at making sure that EU standards are upheld. Therefore, it is now time to move to a truly integrated system of border management." Some countries are already voicing opposition to the idea of giving the Commission authority to intervene in emergency situa- tions. Polish Foreign Minister Witold Waszczykowski said Monday that the plan to up- grade Frontex to "a structure that is independent of member states is astounding. There would be an undemocratic structure reporting to nobody knows who." France and Germany have been largely supportive of the idea. Earlier this month, their interior min- isters, Bernard Cazeneuve and Thomas de Maizière, sent a letter to the Commission saying that "in exceptional circumstanc- es, Frontex should also take initiative to deploy under its own responsibility rapid intervention teams at its external borders." Italy is also backing the measure. San- dro Gozi, the country's under-sec- retary for European Affairs, told reporters Tuesday that his country was in favour of the creation of an EU border force but wouldn't comment further. The European Border and Coast Guard will bring together a reinforced Agency, with the ability to draw on a reserve pool of people and equipment, and the Member States' au- thorities, who will continue to exercise day-to-day bor- der management. European Commission- er for Migration, Home Affairs and Citizenship, Dimitris Avramopoulos said that where Fron- tex used to be limited to supporting member- stsates in managing their external borders, the new Border Agency will go beyond this. "What we are creating today is more Europe: to manage our external borders, to step up returns of irregular migrants, to allow our asylum system to function properly for those in need and to strength- en checks at the external borders of the European Union. The Border Package we are presenting to- day will increase security for our citizens and en- sure high standards of border management." The European Border and Coast Guard will bring together a European Border and Coast Guard Agen- cy built from Frontex and the Member States' au- thorities responsible for border management, who will continue to exercise the day-to-day manage- ment of the external border. The coast guard will have a rapid reserve pool of border guards and technical equipment. The Agen- cy will be able to draw on at least 1,500 experts that can be deployed in under three days. For the first time the Agency will be able to acquire equipment itself and to draw on a pool of technical equip- ment provided by the Member States. There will no longer be shortages of staff or equipment for Euro- pean border operations. The new Agency's human resources will more than double that of Frontex, to reach 1,000 permanent staff, including field opera- tives, by 2020. But it will also have the right to intervene: member states can request joint operations and rapid bor- der interventions, and deployment of the European Border and Coast Guard Teams to support these. Where deficiencies persist or where a member state is under significant migratory pressure putting in peril the Schengen area and national action is not forthcoming or not enough, the Commission will be able to adopt an implementing decision determin- ing that the situation at a particular section of the external borders requires urgent action at Euro- pean level. National coastguards will be part of the European Border and Coast Guard to the extent that they carry out border control tasks. A European Return Office will be established with- in the Agency to allow for the deployment of Eu- ropean Return Intervention Teams composed of es- corts, monitors and return specialists who will work to effectively return illegally staying third country nationals. A standard European travel document for return will ensure a wider acceptance of returnees by third countries. Obligatory checks on EU citizens will be intro- duced against databases such as the Schengen Information System, the Interpol Stolen and Lost Travel Documents Database and relevant national systems, in order to verify that persons arriving do not represent a threat to public order and internal security. The proposal also reinforces the need to verify the biometric identifiers in the passports of EU citizens in case of doubts on the authenticity of the pass- port or on the legitimacy of the holder. Checks will now also be mandatory when exiting the European Union. Since controls on documents and persons can be carried out in parallel, authorities should be able to consult relevant databases without delaying border crossings. The rules provide for flexibility in cases where systematic checks could have a dispropor- tionate impact on the flow of traffic at the border. Brussels' proposal for EU border guard raises sovereignty concerns Inside the EP Sant: New Frontex agency that overrides national competences? 'Unacceptable'

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