| 15 December 2009 The Commission transmitted on 7 December 2009 a proposal for a Council Decision supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of the operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders.
The background for the proposal is that on 19 October 2009, the Schengen Borders Code Committee was asked to give a formal opinion on a draft Commission Decision on the same subject in the framework of the Regulatory procedure with scrutiny on the basis of Articles 12(5) and 33(2) of the Schengen Borders Code. However, as the Committee did not deliver an opinion, the Commission has submitted the proposal for a Council Decision pursuant to Article 5a(4)(a) of Council Decision 1999/468/EC. The text of the proposal should in particular be seen as a response to the conclusions of the European Council of June 2009, which underlined the need for "strengthened border control operations coordinated by Frontex, clear rules of engagement for joint patrolling and the disembarkation of rescued persons", and the European Council of October 2009, which called for "the enhancement of the operational capacities of Frontex", based on, inter alia, "the preparation of clear common operational procedures containing clear rules of engagement for joint operations at sea, with due regard to ensuring protection for those in need who travel in mixed flows, in accordance with international law". The Working Party on Frontiers/ Mixed Committee had a first exchange of views on the proposal at its meeting on 2 December 2009. The proposal was further examined by JHA Counsellors/ Mixed Committee on 8 and 11 December 2009. During the JHA Counsellors/Mixed Committee meeting on 11 December 2009, it was agreed to introduce a number of changes to the text in the light of comments made by delegations and by the Council Legal Service. Following the meeting, the Presidency has prepared the revised text. Coreper is invited to: - agree on the attached draft Council Decision, and - ask the Council to decide to: - envisage to adopt the draft Council Decision, and - submit the draft Council Decision to the European Parliament in accordance with Article 5a(4)(d) of Council Decision 2006/512/EC ("Comitology Decision"). eu-council-surv-sea-borders.pdf
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