11 Amendments of Malik AZMANI related to 2022/2124(DEC)
Amendment 3 #
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the Court of Auditors (the ‘Court’) has declared the transactions underlying the annual accounts of the European Border and Coast Guard Agency (‘Frontex’ or the ‘Agency’) for the financial year 2021 to be legal and regular in all material aspects; notes that the budget of the Agency increased from EUR 495 million in 2020 to EUR 741, according to its statement of revenue and expenditure the budget of the Agency increased to EUR 535.2 million (+ 5046.87 %) in 2021 and that the Agency's staff was increased from 1 234 to 1 554 (+ 26 %);
Amendment 5 #
Draft opinion
Paragraph 2
Paragraph 2
2. StressUnderlines that Frontex is bythe large thest EU decentralised Agency and that it has received morethe most significant budget increases inover the last years; recalls that the Agency budget has skyrocketed from €118 million in 2011 to €741 million in 2021, and to an annual average of €900 million for the 2021-2027 period, bringing it to €535.2 million in 2021; further notes that the budgetary allocation is planned to grow to an annual average of €900 million for the 2021-2027 period; recalls the great importance and responsibility of the Agency in fully delivering the implementation of its mandate;
Amendment 13 #
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the Court’s observation concerning weaknesses in recruitment procedures, which undermine the principles of transparency and equal treatment of the candidates; notes the serious internal control weaknesses in the Agency’ delegation process, ex-ante controls and procurement procedures; deplores the many payment delays; takes note of the Agency's acknowledgement of the problems; highlights that the Agency is currently undergoing a transition process, following the resignation of its former Executive Director, in light of an OLAF investigation into the mismanagement of the Agency; takes note that the Agency adopted more clear instructions to the selection committee members in order to ensure more consistent assessment and more transparency in its recruitment procedures in January 2022; notes that issues concerning the delegation process were corrected in 2022 with the delegation and sub-delegation of powers signed for all authorising officers; further acknowledges that the Agency is taking action to tackle the issue of late payments and that reminders are sent to authorising officers responsible for the delayed payments; calls on the Agency to continue addressing these issues and to report on the progress achieved to the discharge authority;
Amendment 20 #
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the drawing up of a fundamental rights strategy and action plan; deeply regrets thate significant delays in implementing the obligation included in Article 110(6) of Regulation (EU) 2019/1896 to deploy at least 40 fundamental rights monitors; has been met with significant delay; notes that the number of fundamental rights monitors now stands at 46; deeplyighlights the personal role played by the former Executive Director of the Agency in this delay, as well as his lack of cooperation with the Fundamental Rights Officer, against obligations set by the EBCG Regulation; welcomes that the number of fundamental rights monitors now stands at 46; highlights nevertheless that while 31 Fundamental Rights Monitors (FRM) are recruited at AD level, 15 remain recruited at AST level; calls on the Agency and the Commission to find a solution towards ensuring that all FRMs are recruited at AD level; calls for any further FRM recruitments to be conducted at AD level only; deplores that despite the significant overall staff increase for the Agency, the Fundamental Rights Officer still lacks adequate human resources; urges the Agency and the Commission to provide itsthe fundamental rights officer with adequate resources and staff;
Amendment 31 #
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the position that the Management Board should play a proactive role in identifying and preventing serious risk of fundamental rights violations; reiterates the importance to constantly review and control the activities of the management team, towards the timely identification and resolution of any mismanagement situations, as well as to implement the standard operating procedures, to withdraw the financing of, or suspend or terminate, or not launch Frontex activities in cases where such risks arise, in accordance with the provisions of Regulation (EU) 2019/1896;
Amendment 40 #
Draft opinion
Paragraph 6
Paragraph 6
6. Expresses its utmosgreat concerns with regard to allegations of push backs in the context of Frontex operations in Lithuania, Latvia, Croatia, Bulgaria and Greece; reiterates its call on the Agency to suspend its operations supporting return- related operations from Hungary as long as, and as concluded by the Court of Justice of the European Union, tcalls the conclusion of the Court of Justice of the European Union, that return decisions issued by the Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of Fundamental Rights of the European Union; calls on the Agency to refrain from participating in any operations that are incompatible with EU law; notes from the Agency's reply that it performed verifications and concluded that it had never been involved in returns related to the Hungarian legislation deemed incompatible with EU law by the CJEU (HU national Act LXXXIX of 2007 and Act LVIII of 2020 which); takes note that the Agency requires Hungary to confirm special disclaimers concerning procedural aspects when return decisions issued by the Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of Fundamental Rights of the European Unionquesting Frontex’ support, ensuring that all Frontex does its utmost to ensure that all return procedures supported by the Agency in Hungary are fully compliant with the relevant EU legal framework on return and asylum; further notes that the Agency increased monitoring activities in Hungarian returns and strengthened consultation and cooperation with the Fundamental Rights Officer on Hungary;
Amendment 49 #
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates its profound concerns about the findings of the OLAF report of 15 February 2022 on investigations into Frontex, and expresses its utter dismay in the behaviour and actions described in the findings and the lack of accountability; considers that the findings of the OLAF report are, that represent a matter of public interest and, should be made public without further delayas soon as possible, while fully respecting Regulation (EU, Euratom) 2020/2223(5) and all legal requirements on the protection of sensitive data and of the rights of the persons concerned;
Amendment 58 #
Draft opinion
Paragraph 8
Paragraph 8
8. Expresses its deep concerns in relation to media revelations that in the context of the expansion of a mass surveillance programme at Europe’s external borders (PeDRA, or ‘PNotes with concern the media reports about misconduct in expansion of the Processing of Personal Data for Risk Analysis programme (PeDRA), leading to an intrusive collection of personal data from migrants and refugees; notes from the Agency's reply that the project had been implemented between 2015 and 2017, allowing the Agency to develop capabilities required for processing personal data in accordance with Article 11c of Regulation 1168/2011; further takes note of the Agency's position that it had been processing only operational personal data of suspects of cross- border crime and terrorism, having not started the processing of Ppersonal Ddata for Risk Analysis’), Frontex and the European Commission side-lined their own data protection oversight bodies and pursued an intrusive collection of personal data from migrants and refugeof victims and witnesses; takes note of the Management Board decisions 56/2021, 68/2021 and 69/2021, upon the receipt of the EDPS opinions on the Agency's data protection rules, leading to the Agency's Data Protection Officer to prepare an Action Plan for the implementation of the EDPS recommendations; calls on the Agency to address to feed into Europol’s criminal databases; his situation and ensure full compliance with EU data protection rules, regularly consulting the EDPS over and keeping the discharge authority informed about the status and progress of the reform;
Amendment 63 #
Draft opinion
Paragraph 9
Paragraph 9
9. Notes that Frontex’ structural problems regarding fundamental rights protection of asylum seekers and migrants, transparency, data protection, and alleged sexual harassment within the Agency led the European Parliament to refuse discharge of the Agency’s 2020 budget; welcomes in this sense the various actions taken by the ad-interim management to improve its activities and standards; notes with satisfaction that these activities tackled budgetary and financial management issues such as the clarification of delegations and dub- delegations for payments authorising offices, greater respect for fundamental rights, through the recruitment of 46 fundamental rights monitors and the enhanced institutional cooperation between the ad-interim executive management and the fundamental rights officer, or the changes in the management culture through a visible shift towards decentralisation, delegation and improved dialogue in the decision-making process; calls on the Agency to continue its commitment towards fully implementing these necessary reforms, also after the appointment of a non-interim Executive Director, and to report to the discharge authority about the progress achieved;
Amendment 71 #
Draft opinion
Paragraph 10
Paragraph 10
10. Reiterates that the increased competences and budget of the Agency need to be accompanied with a corresponding increase in accountability and transparency, as well as full respect for and protection of fundamental rights; welcomes in this regard the use by the Agency of a Transparency Register and notes the prioritisation of efforts by both the Management Board and the Executive Management to further enhance integrity and accountability arrangements at the cross-Agency level; notes with satisfaction in this regard the adoption of an Internal Audit Capacity in September 2022; reiterates its dismay for the actions of the previous Executive Director with regards to accountability, transparency and respect for fundamental rights and welcomes the expressed commitment of the ad-interim executive management to fully address these issues; stresses that the granting of discharge in respect of the implementation of the budget of the Agency is conditional on such accountability and transparency, and fundamental rights compliance;
Amendment 75 #
Draft opinion
Paragraph 11
Paragraph 11