Activities of Younous OMARJEE related to 2021/2146(DEC)
Shadow reports (2)
REPORT on discharge in respect of the implementation of the budget of the European Border and Coast Guard Agency for the financial year 2020
SECOND REPORT on discharge in respect of the implementation of the budget of the European Border and Coast Guard Agency for the financial year 2020
Amendments (50)
Amendment 2 #
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants/Refuses to grant the Executive Director of the European Border and Coast Guard Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2020;
Amendment 3 #
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Border and Coast Guard Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2020 / Postpones its decision on granting the Executive Director of the European Border and Coast Guard Agency discharge in respect of the implementation of the budget of the Agency for the financial year 2020;
Amendment 4 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to the OLAF report finalised on 15 February 2022, and made available in July 2022 to Members of the Committee on Civil Liberties, Justice and Home Affairs and of the Committee on Budgetary Control,
Amendment 5 #
Motion for a resolution
Recital A
Recital A
A. whereas the European Ombudsman publishas held its Decision in OI/4/2021/MHZ on howa series of inquiries regarding the European Border and Coast Guard Agency’s (the ‘Agency’) compliances with its fundamental rights obligations and ensures accountability in relation to its enhanced responsibilities in the cases OI/5/2020/MHZ and OI/4/2021/MHZ and made a series of recommendations to the Agency;
Amendment 6 #
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Border and Coast Guard Agency for the financial year 2020 / Postpones the closure of the accounts of the European Border and Coast Guard Agency for the financial year 2020;
Amendment 6 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the OLAF final report, as reported by the media, showed that the Parliament and the Agency's management board has had information concealed from them in the framework of their scrutiny work regarding the Agency; whereas the executive director lied to Members of Parliament at a series of hearings;
Amendment 9 #
Motion for a resolution
Recital A
Recital A
A. whereas, according to its statement of revenue and expenditure1 , the final budget of the European Border and Coast Guard Agency (the ‘Agency’) for the financial year 2020 was EUR 364 432 655, representing an increase of 10,40 % compared to 2019; whereas the Agency’s budget derives mainly from the Union budget; whereas the Agency has seen its budget expanded in the last years from EUR 118 million in 2011 to an annual average of EUR 900 million for the 2021- 2027 period despite serious concerns over the lack of implementation of its regulation, its management, and fundamental rights violations; _________________ 1 OJ C 143, 30.4.2020, p. 6.
Amendment 10 #
Motion for a resolution
Recital C
Recital C
C. whereas since December 2019 the Agency has been implementing a new mandate with an essential scale-up that is significant in terms of missions and staff, that requires an adequate budget; whereas the ‘Court’ in its special report 08/2021 stressed that when this new mandate was adopted, no prior assessment had fed into it and that the Agency had not yet implemented the requirements of its 2016 mandate;
Amendment 10 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes the resignation of the executive director of the Agency on 28 April 2022 and his former head of cabinet following the release of the OLAF report; deplores the absence of disciplinary proceedings against them despite the recommendations of OLAF in this regard; condemns the lies of its former Executive Director to the European Parliament at different occasions; welcomes the appointment by the management Board of an executive director ad interim as of 1 July 2022; notes the vacancy notice for a new executive director of the Agency published on 21 June 2022; calls on the management board of the Agency to appoint an executive director as soon as possible who should be strongly committed to ensure the respect of fundamental rights in all activities of the Agency;
Amendment 12 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 12 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. WelcomNotes the briefing note on ‘Actions taken by Frontex management during transition period’ that was sent to the Committee on Budgetary Control on 27 June 2022 that informs the discharge authority on the measures taken by the interim management of the Agency, in anticipation of the appointment of a new executive director; calls on the interim management and on the to be appointed executive director to continue with pro- actively informing the discharge authority on its response to its observations and recommendations;
Amendment 16 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the executive management of the Agency to continue withensure the implementation of the Agency’s mandate; recalls remarks made in the meeting of the Committee on Budgetary Control on 13 July 2022 that the fast growing pace imposed by the new m fully complies with fundamental rights; considers that the Agency’s management board has failed in its mission to uphold respect for fundamental rights by not acting, and thereby bears also the responsibility for the deterioration of fundamental rights standaterds of the Agency; caused difficulties that were, with hind sight, underestimated, leading to delays in recruitment in particularlls on the management board and the Commission to ensure that the Agency stops being involved in covering up fundamental rights violations;
Amendment 18 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Reiterates its concern that the executive director of the Agency used in violation of Financial Regulation a private plane on 4 March 2020, costing the agency 8500 EUR;
Amendment 19 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes with strong concern the media reports in August 2022 whereby the Agency is accused of exploiting cultural mediators by using a contractor who allegedly offers them an effective wage of less than €2.50 an hour, considering that they need to be available 24/7; points to the petition initiated by cultural mediators in this regard as well as their complaint to the European Ombudsman;
Amendment 21 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomNotes the report of the Agency on the implementation of the seven conditions formulated for the 2019 discharge of the Agency; notes that five of the seven conditions are reported as being implemented by the Agency; regrets to note that two conditions still have not been fully met;
Amendment 25 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that one of the conditions not yet met is the recruitment of at least 40 fundamental rights monitors (FRMs), as on 1 June 2022, 31 FRMs were in service, with three more to take office on 1 September 2022, more than one and a half year after the deadline set in the Agency’s founding regulation (5 December 2020); notes that the Agency now strives to have 46 FRMs; notes the explanation provided by the Agency that the delay was due to lengthy recruitment procedures in Union institutions; highlights in this regard the concluding findings of the Frontex Scrutiny Working Group indicating that the executive director of the Agency has caused a significant and unnecessary delay in the recruitment of FRMs; urges the Agency to swiftly recruit FRMs and to appoint them at AD level, as Parliament and the Commission have repeatedly called for;
Amendment 34 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the second condition not yet met is the call on the Agency to suspend its support-related activities in Hungary, in accordance with Article 46 of Regulation (EU) 2019/18961 ; notes that the Agency, instead of suspending the support-related activities, rather takes additional safeguarding measures to getely on the assurance from the Hungarian authorities that fundamental rights have been respected, and monitors this closely; notes that the Agency’s Fundamental Rights Officers recommend partially suspending return operations and additional saf; highlights the serious risks of fundamental rights violations in this reguards when conductions given the overall rule of law situation in Hungary and reiterates its call to suspend return operations in Hungary; _________________ 1 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 35 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Concludes that the Agency has implemented most of the coalls on the Agency to adopt promptly a detailed procedure for the implementation of Article 46 of Regulation (EU) 2019/1896, in line with the recommendiations formulated by the discharge authority in a satisfactory manner; calls nevertheless on the Agency to adopt promptly a detailed procedure for the implementation of Article 46 of Regulation (EU) 2019/1896, in line with the recommendations made by the Agency’s Fundamental Rights Officermade by the Agency’s Fundamental Rights Officer in its annual report for 2022; urges the Agency to implement correctly Article 46 of Regulation (EU) 2019/1896; notes in this regard with concern that the Agency, despite reports by the Fundamental Rights Officer that Lithuanian laws were incompatible with the Union and international law, which was confirmed by the Court of Justice of European Union in its judgment on 30 June 2022, failed to act in accordance with Article 46 of Regulation (EU) 2019/1896, and has led the Agency's staff to being complicit in fundamental rights violations; regrets that even after the Court of Justice of European Union judgement, Article 46 of Regulation (EU) 2019/1896 was not invoked and operational redeployment was justified only on the basis of operational needs; calls for a suspension of the Agency's operations in Lits annual report for 2022; huania and Latvia until their laws are in line with the Union acquis;
Amendment 40 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Reiterates its call to thoroughly evaluate its operations in Greece, in light of reports by OLAF, institutions of Member States, the Council of Europe and the UN, showing that the Agency was carrying out joint border surveillance operations in sections where at the time, fundamental rights violations were taking place; calls, given those evidences, for the immediate suspension of operations of the Agency in Greece;
Amendment 43 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the Court’s remark that, for the financial planning of its return operations, the Agency relies on estimates provided by the cooperating countries and that complete and timely availability of this information is crucial; notes the Court’s observation that in 2020 in one case a national authority included two previously unannounced return operations, totalling EUR 355 000, in a grant agreement at the financial closure of the action, resulting in a sudden budgetary deficit for the Agency, that forced the Agency to make an ex-post budgetary commitment, contravening the Agency’s Financial Regulation; acknowledges the dependence of the Agency on cooperating countries and calls on the Agency to be more strict in setting and enforcing standards related to completeness and timeliness for the receipt of information related to financial planning of operations, including the return oper; stresses that such returns should not have been supported by the Agency, as it was contravening the Agency’s Financial Regulation; condemns that the agency decided instead to make an ex-post budgetary amendment in violation of its Financial Regulation; calls on the Agency to comply in the future and refuse support to Member States if this would result in a breach of its Regulations;
Amendment 43 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that OLAF and the Agency’s management board have made an anonymised version of the OLAF final report on the Agency’s activities available to the Members of the Committee on Budgetary Control and the Committee on Civil Liberties, Justice and Home Affairs; recalls that having access to that report was deemed necessary by the discharge authority to take a fully informed decision on the 2020 discharge; regrets the long delay taken towards granting access that hampered Members' scrutiny of the Agency; is profoundly concerned about the findings of that investigation that looked notably at the handling of reports of fundamental rights incidents including push-backs; expresses its utter condemnation of the behaviour and actions described in the findings presented;
Amendment 45 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Deeply regrets that the Agency has seen its budget expanded in the last years from EUR 118 million in 2011 to an annual average of EUR 900 million for the 2021-2027 period despite serious concerns over the lack of implementation of its regulation, its management, and fundamental rights violations, now all confirmed by the findings of the OLAF report; highlights that the Parliament should not have increased the budget nor granted discharge to the Agency in the previous years and should not grant discharge for the financial year 2020;
Amendment 46 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Calls on the acting executive director, the deputy executive directors and the Fundamental Rights Officer to urgently be granted access to the report in light of its crucial importance for their work; reiterates its call for public access to the OLAF investigation in light of its public interest;
Amendment 47 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the serious concerns raised on the basis ofby some Members over the years and at the partial presentation of findings from the final report in the Committee on Budgetary Control meeting of 28 February 2022 are indeed confirmed in the final report; points that two additional OLAF final reports are expected to be presented in 2022 in relation to this Agency; calls for immediate access of Members to these additional reports when they will be finalised to ensure Members' scrutiny as well as of all executive staff of the Agency that need to access the report to ensure a correct implementation of the Agency's budget in the future; notes from the statements of the Chair of the Agency’s management board in the Committee on Budgetary Control meeting of 13 July 2022 that some actions have been taken in follow-up to OLAF’s conclusions in the final report; highlights nevertheless that further actions need to be taken to address all the issues raised by this OLAF final report; notes the comments from the Chair of the Agency’s management board, and the Commission’s deputy director- general for Migration and Home Affairs that the report shows the failings of the individuals concerned, and that there is no structural issue; awaits further OLAF final reports to understand the depth of the problem;
Amendment 48 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 49 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the Agency implemented two rapid border interventions at the external land and maritime borders of Greece with Turkey that required deployment of technical equipment from the rapid reaction equipment and technical equipment pools, as well as human resources; expresses concerns that in both operational areas, there have been consistent and numerous reports of push- backs; stresses the high risk in this regard of the Agency being complicit of fundamental rights violations, notably through its key role of detection of irregular crossings;
Amendment 50 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recalls that the Parliament’s Frontex Scrutiny Working Group (FSWG) concluded that “several reliable actors, such as national- and international human rights bodies and organisations, consistently reported about fundamental rights violations at the border in a number of Member States, but that Frontex generally disregarded these reports”; stresses that the FSWG concluded "that the Agency found evidence in support of allegations of fundamental rights violations in Member States with which it had a joint operation, but failed to address and follow-up on these violations promptly, vigilantly and effectively"; notes that the "Agency also failed to adequately respond to internal observations about certain cases of probable fundamental rights violations in Member States" and that hat the FSWG “found deficiencies in Frontex’s mechanisms to monitor, report and assess fundamental rights situations and developments, and makes concrete recommendations for improvement";
Amendment 51 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Stresses that the FSWG expressed concern "about the lack of cooperation of the Executive Director to ensure compliance with some of the provisions of the EBCG Regulation, notably on fundamental rights";
Amendment 52 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the Agency’s surveillance aircraft services performed a total of 1 068 missions in 2020 out of which 1030 were surveillance flights and 38 related to fishery control; highlights that the information gathered during these surveillance flights has enabled different stakeholders to conduct push- backs in violation of Union and international law; stresses in this regard the incident of 18-19 April 2020; notes that during that night, as described in the final report of the Frontex Management Board Working group, “A Frontex Surveillance Aircraft observed a rubber boat in Greek Territorial waters. The rubber boat was empty and being towed by a Hellenic Coast Guard vessel towards Turkish Territorial waters. Approximately 20-30 people were on board the Hellenic Coast Guard vessel that was towing the rubber boat. After some time, these people were retransferred onto the rubber boat at the Greek-Turkish border. Afterwards, the Hellenic Coast Guard left the location;”
Amendment 53 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Points that, as reported by the media, OLAF investigators detail "how Frontex used European taxpayer money to fund pushbacks in at least six instances" and that this was concealed "from all subsequent inquiries made by the European Parliament and Frontex’s Management Board"; points to the findings reported by the media that an aerial asset has been withdrawn not to witness push-backs[1]; highlights that in April 2022, a new investigation coordinated by Ligthhouse reports showed that the Agency was involved in the illegal pushbacks of at least 957 refugees between March 2020 and September 2021; calls for an urgent re-examination by the Agency of all potential incidents based on the findings of the OLAF report, including the ones that were not categorised as a potential fundamental rights violation; [1] https://www.spiegel.de/international/europe/frontex- scandal-classified-report-reveals-full-extent-of-cover-up-a- cd749d04-689d-4407-8939-9e1bf55175fd
Amendment 54 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the Agency’s assets in maritime operations have helped to rescue more than 3 408 migrants during patrolling activities, which also resulted in the detection of 790 facilitators, four traffickers of human beings and a wide variety of other types of cross-border crimes, such as smuggling of illegal goods and substances (1 463 litres of alcohol, 4 013 pieces of ammunition, approximately 361 kilogrammes of cocaine, more than 144 tonnes of hashish and marijuana, and 40 kilogrammes of heroin); notes however the unfair prosecution of asylum seekers on the grounds of “facilitating illegal entry”, that has led many of them to be arrested without legal assistance, excessive pre-trial detention, lack of translations and representation by unprepared lawyers; stresses for example the case of an asylum seeker, sentenced in Greece for 142 years for facilitating illegal entry, despite being forced to drive at gunpoint by the Turkish trafficker;
Amendment 55 #
9 a. Highlights that the Agency’s aerial surveillance in the Central Mediterranean and its direct transmission of information to the so-called Libyan coast guards in order for the persons to be intercepted at sea, as reported by media, is making the Agency complicit of what has been described by the UN as “crimes against humanity” in Libya that are conducted against migrants in detention centers after they have been pulled back to Libya;
Amendment 55 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Agency’s management board and executive management to carefully re-assess the content of the OLAF final report and to address any issues that potentially do have a structural character; calls in particular to review issues potentiallythe conclusions on incidents examined by the management board in relatedion to the balance between border control and fundamental rightsir compliance with fundamental rights in light of the reported concealing of information to the management board as reported by the media, and on sharing of information within the Agency and between the Agency and the Parliament;
Amendment 56 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the Agency’s return operations, despite being impacted by the restrictions of the COVID-19 pandemic, continued with 21 Member States taking part as either organisers or participants in return operations by charter flights coordinated and co-financed by the Agency, with overall 7952 persons handed over, reaching 28 third countries of return, significant lower numbers than in 2019; notes that voluntary returns made up for 18 % of all supported flights; notes that 26 Member States carried out returns by scheduled flights with the Agency’s support, returning 3981 third country nationals to 83 countries of return, with among the returnees 2173 (55 %) unescorted and 1532 (38%) returning in a voluntary manner; recalls the call of the FSWG to suspend the Agency's support for return-related operations from Hungary as long as, and as concluded by the Court of Justice of the European Union, the return decisions issued by the Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of Fundamental Rights of the European Union and notes the continued support of the Agency despite this call and concerns expressed by the Commission;
Amendment 57 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes the legal actions against the Agency initiated at the Court of Justice of the European Union; notes further that one action brought in May 2021 was brought on behalf of two asylum-seekers - an unaccompanied minor and a woman - who were violently rounded up, assaulted, robbed, abducted, detained, forcibly transferred back to sea, collectively expelled, and ultimately abandoned on rafts with no means of navigation, food or water; is shocked that the applicants were also victims of other pushback operations during their attempts to seek protection in the Union; notes that another action was brought in October 2021 on behalf of a Syrian family that was returned from Greece to Turkey on a flight operated by the Agency and the Greek authorities;
Amendment 59 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Expresses serious concerns regarding the fact that an interpreter employed by the Agency was assaulted by Greek border guards in Greece alongside at least one hundred third-country nationals and was then forced, together with other persons, across the border into Turkey; highlights that this episode is another credible evidence of the systematic violations of fundamental rights that occur in Greece and should lead the Agency to suspend its operations in accordance with Article 46 of Regulation (EU) 2019/1896; expresses serious concerns at the numerous serious incident reports reporting violations of fundamental rights in Greece and Lithuania and the absence of appropriate actions taken by the executive director to address those violations, including by following all the recommendations of the Fundamental Rights Officer and suspending operations in line with Article 46 of Regulation (EU) 2019/1896;
Amendment 61 #
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Involvement in fundamental rights violations
Amendment 63 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Highlights that new media reports published on 7 July 2022 showed that the Agency sidelined its own data protection watchdogs in pursuing an expansion of “intrusive” data collection from migrants and asylum seekers under the PeDRA programme, including genetic data and sexual orientation to store, analyse and share that data with the Europol and security agencies of Member States; condemns the decision by the Agency's former Executive Director, the Commission and the Agency's management board to ignore the Agency’s own Data Protection Officer, who warned repeatedly that the PeDRA expansion “cannot be achieved by breaching compliance with Union legislation” and that the programme posed “a serious risk of function creep in relation to the Agency’s mandate.” as well as the decision to not consult European Data Protection Supervisor despite warnings of the serious risks of the programme by the DPO;[1] [1] https://balkaninsight.com/2022/07/07/eus-frontex-tripped- in-plan-for-intrusive-surveillance-of-migrants/
Amendment 64 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Highlights the fact that the Agency’s aerial surveillance in the Central Mediterranean and its direct transmission of information to the so- called Libyan coast guards in order for the persons to be intercepted at sea, as reported by media, is making the Agency complicit of what has been described by the UN as “crimes against humanity” in Libya that are conducted against migrants in detention centers after they have been pulled back to Libya;
Amendment 65 #
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Notes the legal actions against the Agency initiated at the Court of Justice of the European Union; notes further that one action brought in May 2021 was brought on behalf of two asylum-seekers - an unaccompanied minor and a woman - who were violently rounded up, assaulted, robbed, abducted, detained, forcibly transferred back to sea, collectively expelled, and ultimately abandoned on rafts with no means of navigation, food or water; is shocked that the applicants were also victims of other pushback operations during their attempts to seek protection in the Union; notes that another action was brought in October 2021 on behalf of a Syrian family that was returned from Greece to Turkey on a flight operated by the Agency and the Greek authorities; highlights that another case was brought in March 2022 to the Court by A.H. who landed on a Greek island with 21 other asylum-seekers in April 2020, and, instead of processing their asylum claims, were subsequently abducted, detained, transferred to, and abandoned by the authorities on, a raft left adrift for 17 hours with no life-vests, water, food, means of navigation or communication while an aerial asset of the Agency surveilled from above;
Amendment 66 #
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Expresses serious concerns regarding the fact that an interpreter employed by the Agency was assaulted by Greek border guards in Greece alongside at least one hundred third-country nationals and was then forced, together with other persons, across the border into Turkey; strongly deplores that there has still not been any conclusion by the Agency nor Greek authorities of the investigation in this specific case that was reported in November 2021 to the Agency's management board; highlights that this episode is another credible evidence of the systematic violations of fundamental rights that occur in Greece and the absence of appropriate actions taken by the Agency to address those violations;
Amendment 69 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls the European Ombudsman’s decision in its own initiative enquiry on fundamental rights obligations; notes its conclusion that the Agency should ensure a more proactive approach to transparency, including publishing documents that are needed to understand the respective roles and responsibilities of the actors involved in its operations; notes that the Agency cannot share information of a tactical nature that could be abused for human trafficking or other illegal activities; calls on the Agency to sensibly implement the Ombudsman’s recommendations;
Amendment 70 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Welcomes the acknowledgement by the acting executive director of the standing problems of the Agency and the commitments she made in her presentation in Parliament’s Committee on Civil Liberties, Justice and Home Affairs on 30 May 2022, which included commitments to ensure that the Agency operates in full respect of the rule of law and fundamental rights, to change the organisational culture of the Agency, including to make sure people are not afraid to speak up about possible wrongdoings; welcomes in particular her commitment to transparency; expects decisive steps to fulfil those commitments;
Amendment 72 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the Agency reported to have been notified of 17 cases of alleged sexual harassment in 2020; notes from the Agency’s follow-up to the first 2020 discharge report that only two of those 17 cases were opened as informal procedures under the Agency’s manual of procedures for confidential counsellors while; deplores the fact that the other 15 cases were closed without further follow- up; welcomes the statements of the acting executive director in the meeting of the Committee on Budgetary Control that the Agency remains vigilant in this area and that additional measures have been taken, such as the re- opening of a closed case regarding the suicide of the staff member, to make sure all cases are properly treated related to alleged practices of sexual harassment, to make sure all cases are properly treated; calls on the executive director to conduct a full and detailed investigation about this particularly severe and worrying case, to keep the discharge authority informed about the results of this investigation and to fully cooperate with criminal investigation authorities in the process; calls on the executive director to conduct a thorough investigation into the implementation of existing procedures against sexual harassment, to report back to the discharge authority about the findings and to present a detailed action plan with measures ensuring zero tolerance towards sexual harassment in both its administrative and operational activities;
Amendment 73 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls the discharge authority’s concern about the absence of recruitment of the Agency’s fundamental rights monitors in the appropriate grades; calls on the Agency to swiftly complete the ongoing recruitment procedures and work on embedding the work of the FRO into the operational procedures of the Agencyby the deadline of 5 December 2020 set by Regulation (EU) 2019/1896 and the lack of progress on the appointment of the first 20 fundamental rights monitors afterwards in the appropriate grades; calls on the Agency to swiftly recruit the remaining 20 fundamental rights monitors and to appoint them at AD level; underlines the personal responsibility of the Executive Director in delaying this process in violation of the Agency’s Regulation;
Amendment 74 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Commends the staff of the Agency, that has been through a very difficult period, facing challenges about which the acting executive director made statements in the meeting of the Committee on Civil Liberties, Justice and Home Affairs of 30 May 2022; points in particular towards the treatment of the former FRO whose work has been hampered over the years by the former executive management of the Agency, as reported by the media; calls on the executive management of the Agency and on the management board to continue with making the Agency a safe place to work; takes courage from the statements that many staff members reported wrongdoings they witnessed to their superiors and calls on the Agency to make sure that all signals about professional misconduct are taken serious, and properly followed-up;
Amendment 79 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that the European Anti- Fraud Office opened an investigation in 2019 over allegations of harassment, misconduct and migrant pushbacks involving the Agency; reiterates its call on the Agency to fully cooperate with OLAF and to keep the discharge authority informed on any developments that are relevant for the discharge procedure; notes that OLAF closed part of its investigations into the handling of fundamental rights incidents including push-backs on February 15, 2022 and that two other investigations are still ongoing; calls on OLAF and FRONTEX Management Board to make the full report available to Members of the European Parliament from the Budgetary Control Committee and Committee on Civil Liberties, Justice and Home Affairs in light of the high relevance for their scrutiny role; stresses that the discharge of the Agency can not be granted without access to these crucial findings;
Amendment 91 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recalls the discharge authority’s remarkconcerns in the 2019 discharge regarding transparency and interest representation for the Agency; notes that the Agency implemented a new process to increase transparency and equal opportunities by streamlining industry dialogues; notes that all industry meetings (i-days) were organised online with presentation of more than 60 solutions by 50 companies, with the participation of 430 representatives of the Agency, Member States and Union partners, as well as international organisations; notes that the Agency, in addition to the i-days, organised an online demonstration of technological solutions relevant for the implementation of entry- exit-system back-to-back with the International Conference on Biometrics for Borders, showcasing over 100 solutions, with 23 industry presentations to over 470 conference attendees; notes that very few meetings appear however to be registered in the newly established transparency register; calls on the Agency to comply with the highest standards as regards transparency and to keep its online transparency register up-to-date;
Amendment 92 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Stresses that the European ombudsman urged the Agency to "ensure a more proactive approach to transparency"; recalls the call of the FSWG on the Agency “to further increase its transparency by acting in accordance with the practice of the AsktheEU portal and not resort to any copyright clause” and “that SIRs, reports on the use of force and individual complaints should only be classified as restricted documents when necessary and on a case-by-case basis;”
Amendment 99 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recalls that on 15 June 2021, the European Ombudsman concluded that there had been delay on the part of the Agency in implementing the important changes introduced by Regulation (EU) 2019/1896; Notes that the European Ombudsman handled 13 cases that relate to the Agency, six on public access to documents, six on human resources management and one related to fundamental rights; notes that the Ombudsman did not provide recommendations in six cases, that the implementation of four recommendations is ongoing and that in three cases the recommendation has already been implemented;