2020/2145(DEC) | [ParlTrack]

Motion for a resolution
Paragraph 1 a (new)

1 a. Notes the Court’s recommendations for the Committee to implement a policy for dealing with sensitive functions; acknowledges the Committee’s replies explaining the steps envisaged and the fact that the preparatory activities started in the first semester of 2020;

Amendment 10 #

Motion for a resolution
Paragraph 16 a (new)

16 a. Encourages the Committee to follow the EDPS recommendations to renegotiate the Inter-Institutional Licensing Agreement and implementation contract, signed between the Union institutions and Microsoft in 2018, with the objective of achieving digital sovereignty, avoid vendor lock-in and lack of control and ensure the protection of personal data;

Amendment 11 #

Motion for a resolution
Paragraph 17 a (new)

17 a. Welcomes the fact that a series of measures have been implemented by the Committee to ensure adequate building security standards such as the installation of new equipment for access control; notes that the related security standards have reached the same level as the standards of Parliament and the Commission;

Amendment 12 #

Motion for a resolution
Paragraph 15

15. Welcomes the fact that during 2019, the IT security officer remained active in raising user cybersecurity awareness for staff, including a briefing for the IT steering committee and sectoral briefings at the level of individual departments; notes that ~~the Committee together with the Committee of Regions (‘CoR’) actively contributed to the ‘2019 European cybersecurity month’ campaign~~in 2019, two additional projects were launched concerning cybersecurity; encourages the Committee to continue its close cooperation with other committees, especially the Committee of Regions, to further develop synergies;

Amendment 13 #

Motion for a resolution
Paragraph 19

19. ~~Welcom~~Notes the fact that the VMA building is fully compliant with all regulatory requirements on asbestos applications and that an asbestos safe certificate was delivered in September 2019; ~~notes that this certificate specifies that~~expresses its concerns over the health of the workers and the presence of asbestos in the VMA building ~~contains asbestos bu~~, although the asbestos-safe certificate says that it does not represent any risks for the users of the building; welcomes the fact that all relevant information about asbestos in the Committees' buildings, such as asbestos policy, asbestos safe certificates and asbestos inventories, has been published on the intranet; notes that work to renovate the VMA building are planned to start in 2021;

Amendment 14 #

Motion for a resolution
Paragraph 21

21. Asks the Committee to develop a global sustainability plan; congratulates the Committee on the ongoing efforts in the framework of the environmental management system as regards the lowering of the carbon footprint and plastic, food and paper waste; agrees that the reduction of the carbon footprint is among the most important objectives for the coming years; calls on the Committee to pay due attention to the energy mix of its sources of electricity and encourages the procurement of electricity generated by wind, solar, bio and hydroplants; encourages the Committee to participate in related projects with the other Union bodies and to arrive at a comprehensive plan for the Committee to implement the principles and recommendations presented in the European Green Deal, with the general objective of becoming climate neutral by 2030;

Amendment 15 #

Motion for a resolution
Paragraph 12 a (new)

12 a. Underlines the importance of the role of the Committee but expresses concerns in the lack of impact of its work;

Amendment 16 #

Motion for a resolution
Paragraph 12 b (new)

12 b. Notes the importance of political dialogue between the Committee and Parliament to make sure that a valid contribution from the Committee can be incorporated into the work of Parliament and, in that light, reiterates its request to pursue the efforts to strengthen the political cooperation between the Committee and Parliament;

Amendment 17 #

Motion for a resolution
Paragraph 22

22. Is aware of the new service level agreement launched in 2019 between Parliament and the Committee which allows the Committee to benefit from the services of Parliament’s interpreters (for which payment will be made) every time the Committee uses Parliament’s premises for its meetings and occasionally also in the Committee’s premises; acknowledges that the agreement contributes to the optimisation of the use of the interpreters of Parliament; welcomes the existing cooperation agreements between Parliament, the Committee and the Committee of the Regions with a view to identifying other areas in which back- office functions could be shared; invites the Committee to identify further potential synergies and savings;

Amendment 18 #

Motion for a resolution
Paragraph 23

23. Recalls that the cooperation agreement between Parliament and the Committee of 5 February 2014 provides for compensation for the loss of translation capacity by providing additional amounts for both the Committee and the CoR; notes that an amount of EUR 2 million has been provided for the externalisation of translation with the possibility that a potential surplus can be used for further political work and an additional amount of EUR 1,1 million for increased political work; notes that the transfers took place in 2015 and 2016 with a reduction already being made during the conciliation process in 2017; notes that yearly savings resulting from the transfer of 36 posts can be estimated at EUR 3,42 million; is aware of the requests of both the Committee and the CoR in the frame of the discharge procedure for the ongoing cooperation agreement to be respected so that these committees are compensated for the posts transferred to the European Parliament Research Service (EPRS); asks the three parties to jointly report to the Parliament’s Committee on Budgetary Control on the ongoing revision of the agreement;

Amendment 19 #

Motion for a resolution
Paragraph 23 a (new)

23 a. Acknowledges that the agreement´s purpose is to allow for more flexibility to the advantage of all three involved parties, being the Committee, CoR and Parliament; notes that reallocation of unspent funds to other policy areas is part of this flexibility;

Amendment 2 #

Motion for a resolution
Paragraph 2 a (new)

2 a. Regrets, as an overall remark, that chapter 9 ‘Administration’ of the Annual Report of the Court has a rather limited scope and conclusions, even if Heading 5 'Administration' of the Multiannual Financial Framework is considered low risk; requests that the audit work for that chapter be more focused on issues of high relevance or even critical importance for the Committee

Amendment 20 #

Motion for a resolution
Paragraph 25

25. Encourages the Committee to ~~explore the possibility of joining the t~~join the Union Transparency rRegistry on the basis of a service level agreement in order to increase transparency of lobby meetings; acknowledges the inter- institutional cooperation through service level agreements between the Committee and other Union institutions and bodies such as with the Commission to further optimise processes in HR, finance, IT and other administrative areas; is interested in being informed if cost benefit analysis takes place before entering into any agreement;

Amendment 21 #

25. Encourages the Committee to explore the possibility of joining the transparency registry on the basis of a service level agreement; acknowledges the inter-institutional cooperation through service level agreements between the Committee and other Union institutions and bodies such as with the Commission to further optimise processes in HR, finance, IT and other administrative areas; is interested in being informed if cost benefit analysis takes place before entering into any agreement;

Amendment 22 #

Motion for a resolution
Paragraph 27 a (new)

27 a. Agrees with the need to further enhance political cooperation with respect to the annual and multi-annual programming, the joint declaration of Parliament, the Council and the Commission on legislative priorities and the monitoring of the annual work programme; encourages the Committee to work on concrete recommendations, such as better communication at the level of the Committee and Parliament rapporteurs, to develop a more systematic approach to political cooperation;

Amendment 23 #

Motion for a resolution
Paragraph 29

29. Remarks that at the end of 2019 the Committee's main Twitter account had 43.300 followers, while the main Facebook account had 32.600 followers; notes that the Committee’s fastest growing social media presence is on LinkedIn, which saw an increase during 2019 of 54 % in the number of followers to 14.500 followers at the end of 2019; ~~notes that with this combination of channels, the Committee reaches a well-balance~~encourages the Committee to establish a presence on free and open source social media networks, such as Mastodon, to achieve further transparency and gbro~~up of followers~~ader outreach;

Amendment 24 #

Motion for a resolution
Paragraph 30 a (new)

30 a. States with concern that the Committee’s total annual budget increased from EUR 108 000 000 in 2006 to more than EUR 138 000 000 in 2019 while the overall number of opinions and reports produced by the Committee decreased significantly (from 193 in 2006 to 127 in 2019), implying that each opinion in 2019 comes at a significantly higher cost for taxpayer’s money which is alarming; notes with concern that out of the 127 opinions and reports, only 55 were own-initiative opinions;

Amendment 25 #

Tomáš ZDECHOVSKÝ, Ádám KÓSA, Lefteris CHRISTOFOROU, Jeroen LENAERS

Motion for a resolution
Paragraph 12 c (new)

12 c. Notes with disappointment that the number of total opinions delivered by the Committees in 2019 dropped to 137 from 215 in 2018 and 155 in 2017; understand that the reduction in opinions delivered may be understood in relation of the electoral cycle, but is concerned about the raise of the cost per opinion (1.1million in 2019 compared to 630 thousand in 2018), and expresses concerns about the outsourcing to external companies of the reporting work;

Amendment 26 #

Motion for a resolution
Paragraph 30 b (new)

30 b. Notes that the annual activity report for 2019 only gives a very general overview of the Committee’s activities without deeper qualitative and quantitative evaluation of its work; calls on the Committee to introduce other key performance indicators in its annual activity report, such as the rate of implementation in Union legislation of the recommendations in its opinions, to enable an impact assessment of the Committee’s work;

Amendment 27 #

Tomáš ZDECHOVSKÝ, Ádám KÓSA, Lefteris CHRISTOFOROU, Jeroen LENAERS

Motion for a resolution
Paragraph 30 c (new)

30 c. Regrets that for 2019, the Committee’s most consulted opinion (on Blockchain and distributed ledger technology) did not reach more than 2 500 page views, while the other top five opinions reached just between 1 000 and 2 000 views; encourages the Committee to increase its efforts to achieve a higher attention of its opinions;

Amendment 28 #

Motion for a resolution
Paragraph 30 d (new)

30 d. Asks the Committee to rationalise its internal bodies and refocus the remits of its structures, as stated in the follow-up to the 2018 discharge, including providing clarifications of savings in connection with this process; notes the efforts of the bureau to set up a six-member ad hoc group to provide a comprehensive review on how to streamline the Committee's working structures and bodies, including the question of the remits of the sections and the Consultative Commission on Industrial Change (CCMI); asks the bureau to extend the streamlining to all other existing bodies and to report back to Parliament on the findings;

Amendment 29 #

Motion for a resolution
Paragraph 30 e (new)

30 e. Acknowledges the existing cooperation agreements between Parliament, the Committee and the Committee of the Regions with a view to identifying areas in which back office functions could be shared; calls, in addition, on the Committee to identify possible synergies related to such back office functions and services;

Amendment 3 #

Jeroen LENAERS

Motion for a resolution
Paragraph 7

7. ~~Welcomes the fact that during 2019 the vast majority of members' reimbursem~~Is deeply concerned about the OLAF case concerning inconsistent travel declarations by a member of the Committee which amounts to approximately EUR 91 000; notes that the unduly paid amounts have beent re~~quests were paid with~~covered; regrets that the former code of conduct did not provide for strong sentencing o~~ne week of their date of submission~~r for suspending fraudulent members; urges the Committee to apply all means available under the revised code of conduct to take far-reaching measures against this kind of fraud; notes that improvements were proposed to the current framework for reimbursing members' travel and subsistence costs such as a general deadline of six weeks for submitting the reimbursement claims in order to reduce the reimbursement time, ~~and also therefore t~~thereby also reduceing the need for carry- overs on these budget lines; ~~welcomes that the system has proved to be efficient;.~~calls, however, for a diligent and cautious approach rather than a swift handling of travel declarations cases; notes that it is unknown how many fraud cases remain under the radar; underlines that time pressure should not undermine a decent and thorough assessment of reimbursement requests; calls for an increase of samples of travel declarations examined during the Committee's internal audit procedure to achieve a higher discovery rate of travel declaration fraud;

Amendment 30 #

Jeroen LENAERS, Markus PIEPER, Monika HOHLMEIER

Motion for a resolution
Paragraph 32

Amendment 31 #

Motion for a resolution
Paragraph 32

32. Notes that in 2019 an exercise to assess compliance with the internal control standards took place which showed improvements as compared to 2018; notes, however, that not all standards were fully implemented and that follow-up actions were defined such as a formal assessment of sensitive functions and the implementation of a multiannual internal communication strategy in order to further improve compliance with the control standards; reminds the Committee about the recommendation from the 2019 annual report of the Court to implement a policy for dealing with sensitive functions; notes that the Committee communicated that the new policy should be operational by 2021; requests the Committee to provide Parliament with a detailed description of this policy - including a definition of sensitive functions - and the state of play of its implementation;

Amendment 32 #

Motion for a resolution
Paragraph 33

33. CNotes that the Committee implemented a third follow-up action to the aforementioned exercise consisting of the harmonisation of processes and procedures across directorates and units; calls on the Committee to set up a centralised registry of processes and procedures to ensure harmonised written documentation; reiterates that this approach helps to enhance the respect for existing processes and procedures, and supports the covering of all main activities by a procedure;

Amendment 33 #

Motion for a resolution
Paragraph 34

34. ~~Remind~~Notes that in 2019 two audits were finalised by the internal audit service (IAS), one on compliance with institutional deadlines and one on interpretation; notes that, regarding the first audit ~~suggests that~~, the Committee is in the process of implementing administrative measures set out in the action plan, such as making institutional deadlines ~~should~~ appear prominently in the documents used by the Committee in order to better organise its work and that statistics be compiled on the Committee's compliance with deadlines in a consistent manner; ~~notes the importance of the audit on interpretation~~welcomes all the continued efforts made by the Committee to better contribute to the Union legislative process; notes the importance of the audit on interpretation as it is an instrumental component of Union decision-making, due both to significant budget cuts and to the higher costs of interpretation, as today the Committee can afford only around 75 % of the interpretation it could afford in 2014; notes that the purpose of this operational audit iwas to examine procedures, in particular whether any cost savings can be made without compromising the quantity and the quality of interpretation provided; observes that an analysis of selected cases showed that the procedures for provision of interpretation were well established, and that interpretation was provided as requested; notes that the overall satisfaction among end-users is high; notes that an agreed action plan is currently being implemented and includes ongoing identification of areas with potential for cost-saving;

Amendment 34 #

Joachim KUHS, Jean-François JALKH, Matteo ADINOLFI

Motion for a resolution
Paragraph 35

35. Observes that an audit on ethics and well-being at work was envisaged in the 2019 work programme but was postponed to the 2020 work programme; notes that the audit started in 2019, but the approach was altered following the Court’s special report on ethics published on 19 July 2019; notes it is the intention of the IAS to follow the approach chosen by the Court when assessing the ethical framework established within the Committee; advises the Committee’s IAS to also include in the audit the implementation of the currently reformed ethical frameworks;

Amendment 35 #

Motion for a resolution
Paragraph 37 a (new)

37 a. Finds it worrying that the Committee has not carried out a comprehensive risk assessment since 2014 with only one directorate having identified the risks to the achievement of its objectives, but without yet proposing mitigating controls that would reduce those risks to an acceptable level;

Amendment 36 #

Alin MITUȚA, Olivier CHASTEL, Ramona STRUGARIU

Motion for a resolution
Paragraph 39

39. Is aware that the Committee continues to implement its action plan 2017-2020 for equal opportunities and diversity; notes that gender balance among the Committee's managerial staff already reached parity in 2018 and remains relatively stable; ~~welcomes the ‘united in diversity’ conference on communication in a multicultural environment with the aim of fostering respectful relations at work while taking diversity into account~~regrets that the new political leadership of the Committee does not reflect this trend with only one out of seven section presidents and none of the three group presidents being women, especially when the Committee’s 2020- 2025 term of office has the highest number of new and female members since 2010; welcomes the awareness raising events organised in favour of diversity, such as the ‘united in diversity’ conference on communication in a multicultural environment with the aim of fostering respectful relations at work while taking diversity into account; welcomes in particular the specific activities and measures linked to disability; encourages the Committee to also put in place concrete measures such as mandatory gender equality or training to avoid unconscious bias in selection panels; observes the slight improvement in the geographical balance compared to 2018 with 19 % of the Committee’s managers currently being from Member States who joined the Union after 2004 (compared to 16 % in 2017 and 18,5 % in 2018);

Amendment 37 #

Motion for a resolution
Paragraph 39

Amendment 38 #

Motion for a resolution
Paragraph 39

39. Is aware that the Committee continues to implement its action plan 2017-2020 for equal opportunities and diversity; ~~notes that gender balance among the Committee's managerial staff already reached parity in 2018 and remains relatively stable;~~ welcomes the ‘united in diversity’ conference on communication in a multicultural environment with the aim of fostering respectful relations at work while taking diversity into account; observes the slight improvement in the geographical balance compared to 2018 with 19 % of the Committee’s managers currently being from Member States who joined the Union after 2004 (compared to 16 % in 2017 and 18,5 % in 2018); notes with concern the overrepresentation of certain nationalities in the Committee’s staff; urges the Committee to develop specific measures to address this imbalance; asks the Committee to ensure geographical balance as addressed in Rule 4 of the rules of procedure for members of the bureau;

Amendment 39 #

Ádám KÓSA

Motion for a resolution
Paragraph 39 a (new)

39 a. Asks the Committee to report to the discharge authority on the concrete achievements of the action plan for equal opportunities and diversity, the results of the measures taken as regards to strengthening diversity and making the Committee a more inclusive workplace for persons with disabilities;

Amendment 4 #

Motion for a resolution
Paragraph 11

11. ANotes that the Committee launched a call for tender in October 2018 in order to analyse and propose improvements to the current system concerning cost reimbursements for Committee members, delegates and experts; asks the Committee to provide information on the results of a detailed report on possible improvements to the current travelling and reimbursements system including various possible scenarios; notes of the delays in the implementation due to the COVID-19 crisis;

Amendment 40 #

Motion for a resolution
Paragraph 41

41. Recognises the measures put in place related to well-being such as the relaunch of a mentoring scheme for newcomers, which is part of a preventative approach to manage psychosocial risks; notes the exchanges of best practice to continuously improve the scheme; notes the extensive updating of the rules on teleworking that offer more flexibility for teleworkers; encourages the Committee to complete the flexible working arrangements with a protection of the staff members’ right to disconnect;

Amendment 41 #

Tomáš ZDECHOVSKÝ, Ádám KÓSA, Lefteris CHRISTOFOROU, Jeroen LENAERS

Motion for a resolution
Paragraph 41 c (new)

41 c. Notes that in 2019 the Committee hosted 54 long-term trainees who received a monthly maintenance grant, 15 short- term trainees who did not receive a grant from the Committee, and one trainee who received a grant awarded by an outside public body; underlines the fact that the possibility of hosting unpaid trainees should only be maintained in the case where such trainees receive payments from other sources;

Amendment 42 #

Motion for a resolution
Paragraph 41 a (new)

41 a. Welcomes that long-term trainees receive a monthly maintenance grant, mobility and travel allowance; recommends the Committee to pay an adequate reimbursement to short-term trainees as well;

Amendment 43 #

Motion for a resolution
Paragraph 41 a (new)

41 a. Is highly concerned that in 2019 there were 15 unpaid trainees at the Committee; calls on the Committee to always hire trainees on a paid contract with an allowance that covers at least their living costs;

Amendment 44 #

Motion for a resolution
Paragraph 41 a (new)

41 a. Notes with satisfaction the actions related to long-term sick leave, in particular those aimed to facilitate a return to work;

Amendment 45 #

Motion for a resolution
Paragraph 41 b (new)

41 b. Expresses serious concerns about the public allegations caused by certain recruitment procedures used by the Committee; calls on the Committee to elaborate clear internal guidelines regarding the publication of vacancies and a clear definition of the interest of the service for temporary moves of staff members; stresses the importance of strictly ensuring the accomplishment in fully transparency of each and all phases, without exception, as established in the Committee’s rules of procedure and in the Staff Regulations throughout the whole procedure (publication, selection, appointment and establishment) in order to avoid any reputational risks not only for the Committee but for all the Union institutions;

Amendment 46 #

Motion for a resolution
Paragraph 42

42. Welcomes the fact that the Committee ~~continues~~started to promote respect in the workplace with the aim of ensuring that all staff are familiar with the current ethical framework; notes that a wide-ranging awareness-raising campaign started in 2019, called respect@work and which takes on board a number of proposals from the Report of the European Ombudsman on dignity at work in the EU institutions and agencies (SI/2/2018/AMF); welcomes the fact that the network of confidential counsellors was reinforced; notes that following a decision of the European Ombudsman the Committee adopted its guidelines on managing conflicts of interest of staff in the performance of their duties and provided relevant information to all staff; notes that the guidelines are intended to serve as a practical handbook for staff in cases where they need to perform overlapping duties, such as management duties in parallel with staff representation activities;

Amendment 47 #

Motion for a resolution
Paragraph 42

42. Welcomes the fact that the Committee continues to promote respect in the workplace with the aim of ensuring that all staff are familiar with the current ethical framework; notes that a wide-ranging awareness-raising campaign started in 2019, called respect@work and which takes on board a number of proposals from the Report of the European Ombudsman on dignity at work in the EU institutions and agencies (SI/2/2018/AMF); welcomes the fact that the network of confidential counsellors was reinforced; notes that following a decision of the European Ombudsman the Committee adopted its guidelines on managing conflicts of interest of staff in the performance of their duties and provided relevant information to all staff; notes that the guidelines are intended to serve as a practical handbook for staff in cases where they need to perform overlapping duties, such as management duties in parallel with staff representation activities; invites the Committee to go further with the measures to respond to the Ombudsman’s report;

Amendment 48 #

Motion for a resolution
Paragraph 43

43. Requests the Committee to report on any achievements related to the European Ombudsman’s recommendation such as the guidelines on external activities; notes that in 2019 the European Ombudsman published her report on the publication of information in relation to former senior staff so as to enforce the one year lobbying and advocacy ban (SI/2/2017/NF) and that the Committee was examining the possibility of revising its decision on external activities; invites the Committee to take this opportunity to reinforce its system to avoid any potential case of conflict of interests;

Amendment 49 #

Motion for a resolution
Paragraph 44

44. Expresses its concern with respect to the investigations carried out by the European Anti-Fraud Office (OLAF) in 2019; notes that two cases were closed concerning members and misappropriation of Union funds; ~~acknowledges~~notes with satisfaction that the amounts have been recovered by the Committee; notes that two cases were opened (one in relation to a member and one in relation to a staff member) ~~and that~~, of which the first case is ongoing and the second case was closed in 2020 with no infraction found; notes that in 2020 atwo case s were open, of which one (from 2018 - confirming fraudulent action by a member) was closed, within the same year and one is ongoing; notes that another case against a member has been opened and is ongoing; notes that to the best of the Committee’s knowledge there are currently two open OLAF investigations, both concerning members and not related to harassment;

Amendment 5 #

Motion for a resolution
Paragraph 12

12. Regrets that the bureau of the Committee in 2020 adopted a decision allowing for the reimbursement of expenses for remote participation in cases where a member was prevented from travelling to Brussels as a result of COVID-19 related issues.; calls on the Committee to withdraw this decision, which is not proportionate to the real cost of participation but does represent a serious cost for the Union budget and damages the reputation of the Committee; asks the Committee to look into new remuneration practices to ensure a fair and proportionate remuneration for members, which is not based mostly on travel expenses and does not rely solely on physical presence of members in Brussels;

Amendment 50 #

Motion for a resolution
Paragraph 46

46. Asks the Committee to continue to inform the discharge authority onabout the procedures and processes the Committee has rolled out or intends to roll out ~~as to how~~in order to avoid cases of harassment or similar issues concerning staff ~~will be avoided~~ in the future in order to ensure that comparable regrettable developments which have caused ~~negative publicity~~suffering to the victims and damaged the reputation of the Committee and the Union at large will not be repeated;

Amendment 51 #

Motion for a resolution
Paragraph 46

46. ~~Ask~~Urges the Committee to inform the discharge authority on the procedures and processes the Committee has rolled out or intends to roll out as to how cases of harassment or similar issues concerning staff will be avoided in the future in order to ensure that comparable regrettable developments which have caused negative publicity and damaged the reputation of the Committee will not be repeated;

Amendment 52 #

Motion for a resolution
Paragraph 46 a (new)

46 a. Reiterates its request for clear and strong protection and support measures for the victims of harassment; urges the Committee to introduce specific rules and procedures on harassment, considering that the fact that the Staff Regulation cannot be imposed on a member of the Committee is not an excuse.

Amendment 53 #

Motion for a resolution
Paragraph 47

47. Recalls that several members of staff have suffered acts of psychological harassment by the then president of Group I for an long period of time; regrets that the anti-harassment measures in place in the Committee failed to tackle and remedy this case sooner because of the senior position of the member concerned; regrets that the measures taken to protect the victims until the end of the investigation by OLAF seem to have been improvised and insufficient, especially in light of the judgement of the Civil Service Tribunal of 12 May 2016 in in Case F-50/157 , FS v European Economic and Social Committee (EESC), which should have served as a lesson for the Committee; notes with concern that shortcomings in the internal proceedings, including an unclear division of reporting responsibilities at the senior management level, resulted in the inaction by the Committee's administration which translated into a breach of the duty of care and of the obligation to report to OLAF; regrets the length of time that the Committee took to take the necessary measures to adapt the Committee's rules of procedure and code of conduct in order to avoid such situation in the future; _________________ 7Judgment of the Civil Service Tribunal (Third Chamber) of 12 May 2016, FS v European Economic and Social Committee (EESC), F-50/15, ECLI:EU:F:2016:119.

Amendment 54 #

Motion for a resolution
Paragraph 47

47. Recalls that several members of staff have suffered acts of psychological harassment by the then president of Group I for an long period of time; ~~regret~~condemns that the anti-harassment measures in place in the Committee failed to tackle and remedy this case sooner because of the senior position of the member concerned; regrets that the measures taken to protect the victims until the end of the investigation by OLAF seem to have been improvised and insufficient, especially in light of the judgement of the Civil Service Tribunal of 12 May 2016 in in Case F-50/157 1a, FS v European Economic and Social Committee (EESC), which should have served as a lesson for the Committee; notes with concern that shortcomings in the internal proceedings resulted in the inaction by the Committee's administration which translated into a breach of the duty of care and of the obligation to report to OLAF; ~~regret~~condemns the length of time that the Committee took to take the necessary measures to adapt the Committee's rules of procedure and code of conduct in order to avoid such situation in the future; notes that the four victims and multiple whistle- blowers were calling on the administration, especially on the Secretary General, to act immediately against Mr Krawczyk already in 2018; _________________ 71aJudgment of the Civil Service Tribunal (Third Chamber) of 12 May 2016, FS v European Economic and Social Committee (EESC), F-50/15, ECLI:EU:F:2016:119.

Amendment 55 #

Motion for a resolution
Paragraph 47 a (new)

47 a. Reminds that OLAF identified the victims of harassment in its 2018 investigation; regrets that the victims were forced to compensate by their own means the lack of action by the Committee's administration to initiate the process; notes that the follow-up of the formal requests initiated by the victims under Article 24 of the Staff Regulations started in January 2020; notes with concern that the formal recognition of the status of victim only occurred on 2 October 2020, although the Committee alleges having implicitly recognised their status months before; notes the detailed explanations provided by the Committee President regarding the communication and the assistance offered to the victims (legal, medical and psychological support); notes that the discussions with the victims are ongoing and asks the Committee to promptly inform the Parliament's Committee on Budgetary Control on the resolution of all the cases; reminds the Committee of its obligations to protect whistle-blowers;

Amendment 56 #

Motion for a resolution
Paragraph 47 a (new)

47 a. welcomes the efforts made by the new leadership of the Committee to follow Parliament’s recommendations regarding the reinforcement of the ethics and integrity framework by facilitating dialogue with the staff and ensuring proper measures to penalise misconduct at all levels of seniority with the aid of the newly adopted code of conduct; recommends that the new leadership of the Committee gets full access to the OLAF conclusions regarding the case of Mr Krawczyk and that it takes a more active role in negotiations on settlement agreements with the victims of harassment and misconduct with the aim of reaching a fair and satisfactory agreement supported by all sides, as well as to avoid any conflict of interests;

Amendment 57 #

Tomáš ZDECHOVSKÝ, Ádám KÓSA, Lefteris CHRISTOFOROU, Jeroen LENAERS

Motion for a resolution
Paragraph 47 b (new)

47 b. Considers it appropriate to recall that Parliament refused to grant the Committee's secretary-general discharge in respect of the financial year 2018, among other causes on the ground of a flagrant breach of the duty of care and the lack of action by the administration, along with the financial consequences; deeply regrets the lack of decisive action, in particular prevention and reparation measures, by the former director of HR and finance and now secretary-general until the refuse of 2018 discharge; notes that during the 2018 and part of the 2019 discharge procedures the secretary- general was unable to provide sufficient, transparent and reliable information to Parliament's Committee on Budgetary Control as evidenced by the number of times that the information provided was refuted by whistleblowers, the Committee's trade unions, the defence of the victims or the perpetrator himself; reminds the Committee's leadership that no ethical framework can exist without enabling effective accountability;

Amendment 58 #

Motion for a resolution
Paragraph 49

49. Acknowledges that the Committee is well aware of the political impact of the refusal of the 2018 discharge and is striving to further strengthen its ~~capacity~~efforts to tackle harassment situations; notes that ~~a detailed action plan will be endorsed at the latest by the end of 2020~~the directorate of human resources and finances and the internal auditor prepared a revision of the ethics and integrity framework; agrees that the Committee continues to raise staff and management awareness through better targeted internal communication; asks the Committee to provide the Parliament with a complete overview of all actions undertaken;

Amendment 59 #

Motion for a resolution
Paragraph 49

49. ~~Acknowledg~~Notes that the Committee informed Parliament that it is well aware of the political impact of the refusal of the 2018 discharge and is striving to further strengthen its capacity to tackle harassment situations; condemns the internal communication that was given orally to the staff saying that the 2018 discharge refusal by Parliament was only “an orange light for warning”; notes that a detailed action plan will be endorsed at the latest by the end of 2020; ~~agre~~urges ~~that~~ the Committee ~~continues~~ to raise staff and management awareness through better ~~targeted~~ internal communication; reminds the Committee that being refused discharge is a serious matter which requires immediate actions;

Amendment 6 #

Motion for a resolution
Paragraph 12

Amendment 60 #

Motion for a resolution
Paragraph 49

49. Acknowledges that the Committee is well aware of the political impact of the refusal of the 2018 discharge and is striving to further strengthen its capacity to tackle ~~harassment situations~~unethical behaviour; notes that a detailed action plan w~~ill~~as to be endorsed at the latest by the end of 2020; agrees that the Committee continues to raise staff and management awareness through better targeted internal communication on the existing structures available to help cope with any kind of difficult situation in the workplace; asks the Committee to make the training sessions on ethics and integrity mandatory for its members;

Amendment 61 #

49. Acknowledges that the Committee is well aware of the political impact of the refusal of the 2018 discharge and is striving to further strengthen its capacity to tackle harassment situations; notes that a detailed action plan will be endorsed at the latest by the end of 2020; agrees that the Committee continues to raise staff and management awareness through better targeted internal communication; but expect far more than that in its actions;

Amendment 62 #

Motion for a resolution
Paragraph 49 a (new)

49 a. Calls on the Committee to take notice of the damages caused to the victims and whistle-blowers, both in material and moral terms, resulting from insufficient support and lack of rightful rehabilitation and compensation; is deeply concerned that the victims filed a complaint because of the inaction of the Committee’s administration in the rehabilitation procedure; calls on the Committee to swiftly reach a settlement agreement with the victims and report in detail on the protective and compensatory measures offered;

Amendment 63 #

Motion for a resolution
Paragraph 49 b (new)

49 b. Expects settlements with the victims to be based on the principles of transparency and decency and to include a public apology, fair conditions of the settlement, full rehabilitation of the victims to their working environment and guaranteed protection against further consequences from the case; emphasises that the Committee should not prevent the victims from disclosing any details of the final settlement and therefore strongly opposes any pressure applied on the victims to sign clauses of non-disclosure and preventing them from confidentially providing any information regarding the settlement to Parliament's Committee on Budgetary Control;

Amendment 64 #

Motion for a resolution
Paragraph 50

50. Underlines that on the basis of the observations made by Parliament’s Committee on Budgetary Control, the re~~port~~commendations issued by OLAF and the reflections of the Committee’s advisory committee on the conduct of members, the Committee set up a joint internal working group on the ethical framework with a mandate to review all potential gaps in the current framework with a view to recommending improvements; notes that the advisory committee also has the opportunity to liaise with the joint internal working group in order to ensure coherence of the overall ethical framework within the Committee and to explore possible synergies;

Amendment 65 #

Motion for a resolution
Paragraph 50

50. Underlines that on the basis of the observations made by Parliament’s Committee on Budgetary Control, the report by OLAF and the reflections of the Committee’s advisory committee on the conduct of members, the Committee set up a joint internal working group on the ethical framework with a mandate to review all potential gaps in the current framework with a view to recommending improvements; notes that the advisory committee also has the opportunity to liaise with the joint internal working group in order to ensure coherence of the overall ethical framework within the Committee and to explore possible synergies; notes that the advisory committee on the conduct of members became the ethical committee and that a provision on the appointment of reserve members has been added, as well as the possibility for one of its member to recuse himself or herself, or to be removed if found guilty of breaching the code of conduct; welcomes the fact that the Committee has now explicit investigative powers in order to carry out its mission, and may also seek advice from external experts;

Amendment 66 #

Motion for a resolution
Paragraph 51

51. Calls on the Committee to report on the current situation of the victims identified as well as on implementation of the Committee’s revised code of conduct and rules of procedure following the 2018 OLAF investigation; notes that the bureau has decided on a partial and light revision of the rules of procedure and a more comprehensive revision of the code of conduct, with a particular view to strengthening sanctions; ~~notes that the revision of the code of conduct should be ready by December 2020;~~

Amendment 67 #

Jeroen LENAERS, Angelika WINZIG

Motion for a resolution
Paragraph 51

51. ~~Calls on the Committee to report on the implementation of~~Welcomes the fact that the Committee’s revised code of conduct and rules of procedure following the 2018 OLAF investigation was approved in the Committee plenary by a vast majority in January 2021; notes that the bureau has decided on a partial and light revision of the rules of procedure and a more comprehensive revision of the code of conduct, with a particular view to strengthening sanctions; notes that the ~~revision of the code of conduct should be ready by December~~Committee has also updated its ethics and integrity framework through the adoption of an action plan for a stronger ethical framework, which entered into force on 7 January 20201;

Amendment 68 #

Motion for a resolution
Paragraph 51

51. Calls on the Committee to report on the implementation of the Committee’s revised code of conduct and rules of procedure following the 2018 OLAF investigation; notes that the bureau has decided on a partial and light revision of the rules of procedure and a more comprehensive revision of the code of conduct, with a particular view to strengthening sanctions; ~~notes that~~welcomes the revision of the code of conduct ~~should be ready by December 2020~~adopted by the Committee plenary assembly, which now contains a sanctions regime that is in proportion to the severity of harassment and fraud; welcomes in particular the introduction of financial sanctions and the possibility to expel a member from the Committee; urges the Committee to apply the enforced sanctions when necessary;

Amendment 69 #

Tomáš ZDECHOVSKÝ, Ádám KÓSA, Lefteris CHRISTOFOROU, Jeroen LENAERS

Motion for a resolution
Paragraph 51 a (new)

51 a. Acknowledges that on 28 January 2021 the Committee’s plenary assembly adopted the revised code of conduct, which repeals and replaces the code adopted in March 2019, and modified some of the Committee’s rules of procedures accordingly; congratulates the Committee on the ambitious, comprehensive and reinforced code of conduct which addresses Parliament’s observations as well as the relevant recommendations of the European Ombudsman; notes with satisfaction the emphasis on the appropriate behaviour of the Committee’s members and the respect of the staff members’ dignity and integrity; welcomes the numerous improvements regarding, inter alia, harassment, conflicts of interests, the ethical committee and the sanctions system; strongly suggests that the ethical committee establishes a permanent liaise with the Committee’s legal service rather than an optional consultation, especially when an investigation is opened; expects a strict observance by the Committee's members as well as a coherent attitude by the Committee's political leadership, including the three internal groups representing employers, workers and civil society;

Amendment 7 #

Motion for a resolution
Paragraph 12

12. Regrets that in 2020 the bureau of the Committee ~~in 2020~~ adopted a decision allowing for the reimbursement of expenses for remote participation in cases where a member was prevented from travelling to Brussels as a result of COVID-19 related issues.; asks the Committee to present a report on the financial impact of this decision including the reasons for the reimbursement;

Amendment 70 #

Motion for a resolution
Paragraph 51 a (new)

51 a. Notes that the mandate given by the bureau in June 2020 to draft proposals to revise the code of conduct and the provisions of the rules of procedure concerning the code of conduct was postponed by the bureau on 15 September 2020 because of Mr Krawczyk, active as president of Group 1, advised to carry over the advisory committee's decision on the rules of procedure to after October 2020; is concerned that a member who was found responsible for harassment was still active in the bureau after the OLAF recommendation and managed to delay the adoption of the new code of conduct for members;

Amendment 71 #

Jeroen LENAERS, Angelika WINZIG

Motion for a resolution
Paragraph 52

52. notes that the proposal for revision of the code of conduct should include elements such as stronger sanctions, support mechanisms for victims, automatically informing the Council and the Commission of the names of Committee members who have been found to be responsible for breaching the code of conduct and an annual review of the functioning of the code of conduct; nNotes that the decision on harassment and the decision on administrative investigations are currently being revised in order to further improve the mechanisms allowing staff to make formal harassment complaints; notes in relation to the informal procedure and the possibility for staff members to share their concerns on any perceived situation of harassment that the number of confidential counsellors has been increased and that the entire network of confidential counsellors receives continuous support through regular supervision and training; notes that the confidential counsellors are part of an inter-institutional network, which allows for the exchange of best practices;

Amendment 72 #

Motion for a resolution
Paragraph 52

52. ~~not~~Welcomes that the ~~proposal for revision of the~~revised code of conduct ~~should~~ includes elements such as stronger sanctions, and support mechanisms for victims~~, automatically informing~~; urges that Parliament, the Council and the Commission should be automatically informed of the names of Committee members who have been found to be responsible for breaching the code of conduct ~~and~~; calls for an annual review of the functioning of the code of conduct; notes that the decision on harassment and the decision on administrative investigations are currently being revised in order to further improve the mechanisms allowing staff to make formal harassment complaints; notes in relation to the informal procedure and the possibility for staff members to share their concerns on any perceived situation of harassment that the number of confidential counsellors has been increased and that the entire network of confidential counsellors receives continuous support through regular supervision and training; notes that the confidential counsellors are part of an inter-institutional network, which allows for the exchange of best practices;

Amendment 73 #

Motion for a resolution
Paragraph 52

52. ~~not~~Welcomes that the ~~proposal for re~~revised code of conduct includes elements such as prevention and prohibition of harassment practices and improved provisions ofn the codeclaration of financial interests and ofn con~~duct should include~~ flict of interest; encourages the Committee to consider including other elements such as stronger sanctions, support mechanisms for victims, automatically informing the Council and the Commission of the names of Committee members who have been found to be responsible for breaching the code of conduct and an annual review of the functioning of the code of conduct; notes that the decision on harassment and the decision on administrative investigations are currently being revised in order to further improve the mechanisms allowing staff to make formal harassment complaints; notes in relation to the informal procedure and the possibility for staff members to share their concerns on any perceived situation of harassment that the number of confidential counsellors has been increased and that the entire network of confidential counsellors receives continuous support through regular supervision and training; notes that the confidential counsellors are part of an inter-institutional network, which allows for the exchange of best practices;

Amendment 74 #

Motion for a resolution
Paragraph 52 a (new)

52 a. Welcomes the new strengthened code of conduct for members adopted on 28 January 2021, based on the recommendations of the European Ombudsman and Parliament's observations in the context of the refusal to grant discharge for the 2018 budget, in order to better tackle issues related to fraud and misconduct, such as harassment; notes that in the most severe cases, it will be possible to expel a member from the Committee; is however deeply concerned that there is no clause mentioning the immediate expulsion of a member found responsible by OLAF of harassment; asks the Committee to start the necessary procedure to expel Mr Krawczyk, who has been found responsible by OLAF of harassment and misconduct relating to several staff members for a number of years and whose immunity has been lifted for prosecution by the Belgian authorities;

Amendment 75 #

Motion for a resolution
Paragraph 52 b (new)

52 b. Is concerned that despite the bureau decision of July 2020, the bureau approved on 1 December 2020 the establishment of Mr Krawczyk as representative of Group 1 for the category on transport, automatically putting Mr Krawczyk in contact with staff of Group 1, including his victims;

Amendment 76 #

Motion for a resolution
Paragraph 52 c (new)

52 c. Asks the Committee to provide its legal service with a formalised working strategy to ensure that it is officially and systematically involved in the most important matters of the Committee without leaving the decision on whether to consult it up to the different services; considers the replies to the questions in this regard insufficient and asks the Committee to report to Parliament on what has been done to include its legal service in a more systematic and independent manner;

Amendment 77 #

Motion for a resolution
Paragraph 52 d (new)

52 d. Asks the Committee to inform the Council and the Member States representatives, in due time before any re- appointment, about members who are under investigation by OLAF, have been found responsible by OLAF of breaching the code of conduct, or are subject to disciplinary sanctions by the Committee; believes that the Committee should do everything it legally can to avoid the re- appointment of a member found responsible for harassment and misconduct towards its staff;

Amendment 78 #

Motion for a resolution
Paragraph 53

53. Values the Committee’s commitment to tacklinge harassment in the working environment and to fostering a culture of zero tolerance with regard to ~~harassment by working on the revision of the~~the revised ethics and integrity framework and the revision of the Committee’s decisions on harassment, whistleblowing and administrative enquiries; welcomes that a related, detailed action plan is supposed to be endorsed by the end of 2020 and covers a number of measures such as ~~the revision of the code of conduct for members,~~ the possible creation of an independent internal ombudsman function, a brochure focusing on respect and dignity at work, the establishment of a dedicated compulsory learning path before entrusting staff management responsibilities, whether on Committee’s managers or on members, and regular awareness-raising activities,; appreciates that an internal audit on ethics and integrity will take the form of a mapping exercise followed by an analysis aimed at establishing a comprehensive overview of rules, standards and measures in relation to ethics and integrity; notes that the audit will also tackle issues such as gifts and entertainment, outside activities and assignments, conflicts of interest and post-Union employment;

Amendment 79 #

Motion for a resolution
Paragraph 53

53. ~~Valu~~Notes the Committee’s commitment to tacklinge harassment in the working environment and to fostering a culture of zero tolerance with regard to harassment by working on the revision of the ethics and integrity framework and the revision of the Committee’s decisions on harassment, whistleblowing and administrative enquiries; welcomes that a related, detailed action plan is supposed to be endorsed by the end of 2020 and covers a number of measures such as the revision of the code of conduct for members, the possible creation of an independent internal ombudsman function, a brochure focusing on respect and dignity at work, the establishment of a dedicated compulsory learning path before entrusting staff management responsibilities, whether on Committee’s managers or on members, and regular awareness-raising activities,; appreciates that an internal audit on ethics and integrity will take the form of a mapping exercise followed by an analysis aimed at establishing a comprehensive overview of rules, standards and measures in relation to ethics and integrity; notes that the audit will also tackle issues such as gifts and entertainment, outside activities and assignments, conflicts of interest and post-Union employment;

Amendment 8 #

Motion for a resolution
Paragraph 12

Amendment 80 #

Motion for a resolution
Paragraph 53

53. Values the Committee’s commitment to tacklinge harassment in the working environment and to fostering a culture of zero tolerance with regard to harassment by working on the revision of the ethics and integrity framework and the revision of the Committee’s decisions on harassment, whistleblowing and administrative enquiries; expects a robust and reliable set of measures regarding the protection, prohibition of retaliation, and support of the victims; welcomes that a related, detailed action plan is supposed to be endorsed by the end of 2020 and covers a number of measures such as the revision of the code of conduct for members, the possible creation of an independent internal ombudsman function, a brochure focusing on respect and dignity at work, the establishment of a dedicated compulsory learning path before entrusting staff management responsibilities, whether on Committee’s managers or on members, and regular awareness-raising activities,; appreciates that an internal audit on ethics and integrity will take the form of a mapping exercise followed by an analysis aimed at establishing a comprehensive overview of rules, standards and measures in relation to ethics and integrity; notes that the audit will also tackle issues such as gifts and entertainment, outside activities and assignments, conflicts of interest and post-Union employment;

Amendment 81 #

Jeroen LENAERS, Angelika WINZIG

Motion for a resolution
Paragraph 55

55. Emphasises in relation to the OLAF findings of harassment against a member of the Committee and pursuant to the decision of 9 June 2020 of the Committee’s bureau that the member in question iwas fully discharged from all tasks related to the management and administration of the Group I secretariat's staff until the end of his mandate; notes that ~~as of~~on 7 September 2020, the member ~~is no longer a~~withdrew his candidatecy for the ~~Committee’s presidency~~position of the president of the Committee; is concerned that the ~~has been~~ Council appointed ~~as member~~him again as a member of the Committee for a new mandate;

Amendment 82 #

Motion for a resolution
Paragraph 55

55. Emphasises in relation to the OLAF findings of harassment against a member of the Committee and pursuant to the decision of 9 June 2020 of the Committee’s bureau that the member in question is fully discharged from all tasks related to the management and administration of the Group I secretariat's staff; notes that as of 7 September 2020, the member is no longer a candidate for the Committee’s presidency; isregrets that, given the legal principle of non-retroactivity of sanctions, the enforced sanctions regime under the revised code of conduct cannot be applied in this specific case; is deeply concerned that the perpetrator has been appointed by the Council as member for a new mandate; highlights that he does not acknowledge or regret his wrongdoings, which demonstrates a complete lack of self- reflection and respect for the victims concerned;

Amendment 83 #

Motion for a resolution
Paragraph 55

55. Emphasises in relation to the OLAF findings of harassment against Mr Krawczyk, a member of the Committee, and pursuant to the decision of 9 June 2020 of the Committee’s bureau that the member ~~in question~~ is fully discharged from all tasks related to the management and administration of the Group I secretariat's staff; notes that as of 7 September 2020, the member is no longer a candidate for the Committee’s presidency; is, however, strongly concerned that he has been appointed as member for a new mandate and that victims and whistle- blowers risk facing retaliation by him or by people supporting him in the Committee;

Amendment 84 #

Motion for a resolution
Paragraph 55 a (new)

55 a. Reiterates its concern over the fact that the Committee's website still features a statement by the member concerned in his capacity as president of Group I that is in reality a personal self-defence testimony with the aggravating factor that the cases mentioned are either pending or expected before the Union judicial authorities and the Belgian authorities;

Amendment 85 #

Ádám KÓSA

Motion for a resolution
Paragraph 55 a (new)

55 a. Welcomes the Committee’s efforts to build a more diverse and inclusive work environment and culture by taking actions in favour of people with disabilities, such as making the intranet and website digitally accessible to persons with visual impairment; asks for a follow-up on obtaining the relevant certification of equal access to its website for people with disabilities;

Amendment 86 #

Ádám KÓSA

Motion for a resolution
Paragraph 55 b (new)

55 b. Notes that a complex approach is needed in order to make the Union institutions’ home pages accessible to persons with all kind of disabilities, including the availability of national sign languages; suggests that disability-related organisations are involved in this process;

Amendment 87 #

Olivier CHASTEL, Alin MITUȚA, Martina DLABAJOVÁ, Gilles BOYER, Pierre KARLESKIND, Ramona STRUGARIU

Motion for a resolution
Paragraph 57

57. Notes that the plenary session of the Committee on 15 and 16 July 2020 confirmed the decision of 9 June 2020 of the bureau as regards joining as a civil party in the procedure that will be opened by the Brussels Labour Auditor before the Brussels Criminal Court; notes that the Brussels Labour Auditor has been informed of the waiving of ~~the member~~Mr Krawczyk 's immunity, but no further information about the proceedings have been received to date.

Amendment 88 #

Motion for a resolution
Paragraph 57 a (new)

57 a. notes the decisions taken by the general assembly of the Committee on 18 January 2021 and welcomes the adoption of a new code of conduct and the establishment of a framework dedicated to ethics and integrity.

Amendment 9 #