18 Amendments of Juan Fernando LÓPEZ AGUILAR related to 2023/2729(RSP)
Amendment 6 #
Recital A (new)
A. whereas in 2021 the FSWG was constituted within the LIBE Committee for the purpose of monitoring all aspects of the functioning of Frontex, including its reinforced role and resources for integrated border management, the correct application of the EU acquis and its execution of Regulations 2019/1896 and 656/2014;
Amendment 7 #
Recital B (new)
B. whereas the FSWG was mandated to carry out a fact finding investigation, gathering all relevant information and evidence regarding alleged violations of fundamental rights in which the Agency was involved in, was aware of and/or did not act, the Agency’s internal management, including procedures for reporting and handling of complaints; and transparency and accountability of the Agency towards the European Parliament; whereas the FSWG adopted its report in July 2021 which contained 42 specific recommendations to the Agency, the Management Board, the Commission, Member States and the Council;
Amendment 8 #
Recital C (new)
C. whereas in response to the FSWG report, the Agency and its Management Board have made efforts to implement the recommendations of FSWG and have reported that they have implemented 36 FSWG recommendations to date; whereas a limited number of recommendations are still pending including those relating to Frontex operations in Greece and Hungary, better whistle-blower protection, exceptional reporting under the Serious Incident Reports mechanism, communication with national governments, adequate handling of allegations of fundamental rights violations by Member States.
Amendment 9 #
Recital D (new)
D. whereas the OLAF report of 15 February 2022 on investigations into Frontex revealed serious misconduct and other irregularities by three individuals employed by the Agency, including the former Executive Director, as well as three other key issues, namely the fact that the FRO was prevented from accessing operational information, the fact that the FRO was not assigned as case handler for reports on serious incidents with alleged violations of fundamental rights, and the fact that staff members who reported serious incidents to the hierarchy were ignored by the individuals investigated by OLAF; whereas there was a long delay for Members of the Parliament and the FRO to be granted access to the OLAF report; whereas the decision not to make the OLAF report on Frontex' activities promptly available to Parliament, affected the powers of democratic scrutiny over the Agency’s responsibilities for fundamental rights violations; whereas - despite multiple requests - based on legal concerns related to the procedural rights of the persons of interest, the report was not made public until 31.10.22 whereas two additional OLAF reports are expected to be presented this year in relation to Frontex;
Amendment 10 #
Recital E (new)
E. whereas serious problems affecting Frontex’ internal oversight mechanisms, and the Agency’s serious shortcomings regarding fundamental rights protection of asylum seekers and migrants, transparency, data protection, alleged sexual harassment and maladministration within Frontex, led the European Parliament to refuse discharge of the Agency’s 2020 budget;
Amendment 11 #
Recital F (new)
F. whereas the Court of Justice of the European Union (CJEU) has ruled 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 (the Charter) and has failed to fulfil its obligations under Directive 2013/32/EU and Directive 2013/33/EU[1]; whereas Frontex performed verifications and concluded that the Agency 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); whereas the Agency requires Hungary to make specific commitments concerning the procedures followed when requesting Frontex’ support; whereas Frontex has also officially requested Hungary to systematically share all available reports prepared by the Prosecutor’s Office of Hungary, which is the responsible authority to monitor the detention and forced returns of third country nationals; [1] CJEU, Case of 17 December 2020, C - 808/18, Commission vs Hungary.
Amendment 12 #
Recital G (new)
G. whereas national human rights institutions, Council of Europe bodies, UNHCR, media and NGOs have issued further reports on alleged push-backs and other serious fundamental rights violations including violence against migrants at the EU's external land and sea borders, including in the context of joint border surveillance operations in which Frontex participated; whereas four legal actions in relation to alleged push- backs have been brought against Frontex before the General Court of the EU, of which one was ruled inadmissible and three are pending;
Amendment 13 #
Recital H (new)
H. whereas, following the opinions and recommendations of the FRO regarding his assessment of the situation in Greece, including his Opinion of 1 September 2022 in which he advised that “well-founded allegations of fundamental rights violations in Greece have reached the level at which the conditions for triggering Article 46(4) of the EBCG regulation are met”, the former Executive Director ad interim set up a working group and engaged in a process with the Hellenic authorities in operational activities carried out in Greece; whereas further to these discussions, the Hellenic authorities have drawn up a plan to implement fundamental rights safeguards; whereas the FRO acknowledged in the 36th report to the MB of March 2023 the efforts made by the Greek authorities and the endorsements from the Agency of the actions to be taken to address fundamental rights concerns, but that despite the action plan, the allegations of pushbacks, accompanied by ill-treatment of migrants, persist; whereas, the FRO reiterated at the Management Board meeting in June 2023 that the conditions triggering Article 46 are fully met and advocated a suspension of activities, which should be resumed only when a relationship of trust with the Greek authorities has been re-established, and that the meantime, Frontex should maintain a presence on the ground in the country.
Amendment 14 #
Recital I (new)
I. whereas, in its judgement of 30 June 2022, the CJEU found that Lithuanian legislation permitting the denial of international protection and the placing in automatic detention of applicants solely on the grounds that they have irregularly crossed the border is incompatible with Union law; whereas, as of July 2022, Frontex no longer participates or supports Lithuania with border surveillance; whereas, the Agency maintained its joint operation Terra in Lithuania, with agents working on border checks and returns, even after the judgment of the CJEU;
Amendment 15 #
Recital J (new)
J. whereas, in its 2023 Opinion on the Agency’s Discharge for 2021, the LIBE Committee expressed concern over reports that revealed that the implementation of the Processing of Personal Data for Risk Analysis Programme (PEDRA) lead to an intrusive collection of personal data by Frontex from migrants and refugees to feed into Europol’s criminal databases; whereas the Agency claimed that the project had been implemented between 2015 and 2017; whereas upon the receipt of the European Data Protection Supervisor (EDPS) opinions on the Agency’s Management Board decisions 56/2021, 68/2021 and 69/2021, the Agency's Data Protection Officer prepared an Action Plan for the implementation of the EDPS recommendations; whereas the Management Board Decision 56/2021 was revised in March 2023;
Amendment 16 #
Recital K (new)
K. whereas, in the 36th report to the Management Board, the Fundamental Rights Officer addressed increasing concerns regarding Bulgaria including allegations of unlawful returns ("pushbacks”), accompanied by ill- treatment of migrants during apprehensions by the national authorities, and underlining the need for effective and impartial investigations by the national authorities;
Amendment 17 #
Recital L (new)
L. whereas the Agency has been and is in a transition process: in June 2021 the new Fundamental Rights Office of Frontex has taken office; end of 2021 and beginning of 2022 three Deputy Executive Directors have taken office for the first time in the Agency’s history; in April 2022 a new Chair of the Management Board has started his term; following an investigation by the European Anti-Fraud Office (OLAF) into the mismanagement of the Agency, the Executive Director has resigned in April 2022, after which Frontex’ Management Board chose one of the Deputy Executive Directors to lead the Agency as Executive Director ad interim; a new Executive Director was appointed in December 2022 and took office in March 2023;
Amendment 18 #
Recital M (new)
M. whereas in its Resolution[1] granting the Agency’s Discharge for 2021, Parliament noted the steps taken by the Agency to improve the management culture and promote staff well-being, including the decentralization of decision- making to distribute responsibility and ownership of decisions, encouragement of open dialogue through Agency’s Management meetings, the development of a comprehensive internal communication strategy, strengthening of internal communications team, and the enlargement of the network of Confidential Counsellors; [1] P9_TA(2023)0165
Amendment 19 #
Recital N (new)
N. whereas Frontex’ role in practical and operational cooperation with third countries, including the Western Balkan, Moldova and Morocco, has significantly increased, inter alia on return and readmission, the fight against human trafficking, the provision of training, operational and technical assistance to authorities of third countries for the purpose of border management and border control, carrying out operations or joint operations at the EU’s external borders or in the territories of third countries, and deploying liaison officers in third countries;
Amendment 20 #
Recital O (new)
O. whereas the Commission is currently negotiating to significantly expand the Agency’s mandate in the EU’s neighbourhood by concluding new or upgraded Status Agreements with North Macedonia, Albania, Montenegro, Serbia, Bosnia and Herzegovina and Moldova;
Amendment 21 #
Recital P (new)
P. whereas the Commission is in negotiations with the governments of Senegal and Mauritania with a view to concluding status agreements with those countries; whereas such status agreements would be the first with third countries outside Europe;
Amendment 22 #
Recital Q (new)
Q. whereas, on 20 March 2023, the Council decided to extend the mandate of the EU CSDP operation EUNAVFOR MED IRINI until March 2025, tasked, inter alia, to support capacity building and training of the Libyan Coast Guard and Navy; whereas Frontex has a working relationship with that operation; whereas in its report A/HRC/52/83, the UN Independent Fact-Finding Mission to Libya, raised serious concerns about the involvement of Libyan actors in crimes against humanity and gross human rights violations against migrants;
Amendment 23 #
Recital R (new)
R. whereas the Commission is required to carry out an evaluation of the European Border and Coast Guard Regulation by 5 December 2023, assessing whether the rules are working as intended; whereas the Commission is required to review the Frontex standing corps by 31 December 2023, assessing the overall number and composition of the standing corps;