Regulation (EU) No. 656/2014 (external sea borders regulation)
 Regulation (EU) No. 656/2014 |
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|---|---|
| Title: | Regulation (EU) No. 656/2014 of the European Parliament and of the Council of 15 May 2014 laying down rules for the surveillance of the external sea borders within the framework of the operational co-ordination of the European Agency for the operational cooperation at the external borders of the member states of the European Union collaboration |
| Designation: (not official) |
External sea border ordinance |
| Scope: | EU |
| Legal matter: | Border regime |
| Basis: | TFEU , in particular Art. 77 para. 2 lit. d |
| Procedure overview: |
European Commission European Parliament IPEX Wiki |
| To be used from: | 17th July 2014 |
| Reference: | OJ L 189 of June 27, 2014, pp. 93-107 |
| Full text |
Consolidated version (not official) basic version |
| Regulation has entered into force and is applicable. | |
| Please note the information on the current version of legal acts of the European Union ! | |
The Regulation (EU) no. 656/2014 coordinated the European Parliament and of the Council of 15 May 2014 laying down rules for the monitoring of the maritime borders within the framework of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union operational cooperation - also called the EU external sea border regulation - is a regulation (EU) of the European Parliament, which regulates the implementation of border surveillance operations at sea, which are coordinated by the EU agency Frontex . The ordinance came into force on July 17, 2014.
The regulation refers to Directive 2013/32 / EU (Asylum Procedures Directive) .
content
Article 6 regulates the authority of emergency services to instruct a ship (or boat), if apprehended in the territorial sea, “to change its course in the direction of a destination outside the territorial sea or the adjacent zone or to leave this, including escorting or escorting the ship until confirmed that the ship adheres to the given course ”.
Article 7 regulates the authority of the emergency services to “warn and instruct the ship not to enter the territorial sea or the adjacent zone and, if necessary, request the ship to set its course in the direction of a destination outside the territorial sea or the adjacent zone to change". The emergency services are also authorized, if necessary, to “arrange for the ship or the persons on board to be transported to a third country or, otherwise, to transfer the ship or the persons on board to the authorities of a third country”.
Article 9 includes an obligation to rescue at sea . It regulates search and rescue operations in the event that a ship or a person on board is in an emergency.
The regulation confirms the principle of non-refoulement laid down in Article 33 of the Geneva Refugee Convention by prohibiting push-back . The ordinance does not allow the emergency services to push boats away or to force them to return to the open sea. It prohibits disembarkation in countries where those who have been arrested or rescued are threatened with life or freedom.
criticism
Critics emphasize that when disembarking in third countries there are no guarantees for interpreters and legal assistance, as well as procedural guarantees with suspensive effect, should a person concerned actually have a right to asylum . This could undermine the principle of non-refoulement. The non-governmental organization ProAsyl considers the non-refoulement requirement unenforceable in view of the far-reaching powers of Frontex and sees it as a failure to implement the requirements of the European Court of Human Rights of 23 February 2012.
ProAsyl also criticized the fact that the regulation only applies to border surveillance operations coordinated by Frontex, but not to other border surveillance operations of the member states. Push-backs can therefore still take place when deployed within the 12 mile zone of a member state. This applies in particular to push-backs towards Turkey from the 12 mile zone of Greece.
Web links
Individual evidence
- ↑ a b c EU border protection. No push-back: Stricter rules for Frontex. (No longer available online.) Wiener Zeitung, April 17, 2014, archived from the original on April 27, 2014 ; accessed on January 24, 2015 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ^ Minutes Wednesday 16 April 2014 - Strasbourg, provisional edition, 7.22. Monitoring of the external sea borders (vote). European Parliament, April 16, 2014, accessed January 24, 2015 .
- ↑ Bendel: Disembarking refugees violates their right to asylum. Deutsche Welle, April 15, 2014, accessed January 24, 2015 .
- ↑ Commentary: Frontex in the Mediterranean. No asylum on the high seas. taz.de, April 2, 2014, accessed January 24, 2015 .
- ↑ EU Parliament votes on regulations for Frontex at the external sea borders. ProAsyl, April 15, 2014, accessed January 24, 2015 .
