Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | CONT | CZARNECKI Ryszard ( ECR) | ZDECHOVSKÝ Tomáš ( EPP), CHINNICI Caterina ( S&D), STRUGARIU Ramona ( Renew), EICKHOUT Bas ( Verts/ALE), OMARJEE Younous ( GUE/NGL) |
Committee Opinion | LIBE | CHINNICI Caterina ( S&D) | Jadwiga WIŚNIEWSKA ( ECR), Clare DALY ( GUE/NGL), Clare DALY ( GUE/NGL), Saskia BRICMONT ( Verts/ALE), Saskia BRICMONT ( Verts/ALE), Olivier CHASTEL ( RE), Olivier CHASTEL ( RE), Peter KOFOD ( ID), Peter KOFOD ( ID), Lena DÜPONT ( PPE) |
Lead committee dossier:
Subjects
Events
The European Parliament decided by 528 votes to 127, with 43 abstentions, to postpone its decision on the discharge to the Executive Director of the European Border and Coast Guard Agency in respect of the implementation of the Agency's budget for the financial year 2019 and to postpone the closure of the Agency's accounts.
Budgetary and financial management
Parliament welcomed the fact that the budget monitoring efforts in 2019 resulted in a budget implementation rate of 99.84%, which represents an increase of 1.46% compared to 2018. However, it noted with concern that the implementation rate for payment appropriations was 69.13%, a decrease of 0.56% compared to 2018.
In 2019, the Agency had funding agreements with cooperating countries for operational activities which represented 55% of the Agency's budget. The Agency has taken steps to improve ex ante verifications and has reintroduced ex post verifications of reimbursements in 2019.
Members are concerned that the reimbursement of equipment-related expenditure is still based on actual costs and deeply deplores the fact that the project to move to unit-cost based reimbursements is still not completed. They are concerned that, according to the Court's report, cooperating countries did not always submit supporting documents for their cost claims showing the actual costs incurred in operations and that there were delays in submitting supporting documents.
Parliament called on the Agency to stop reimbursing for claims submitted without invoices, to finalise immediately the plan to move to unit cost reimbursements and to apply fully all principles of sound financial management.
Members also regretted that the Agency had changed the contractual provisions for reconstruction work on the Agency's premises at a late stage of the project and introduced the possibility of pre-financing of work still to be completed, whereas payments were initially foreseen only at the time of acceptance of the work. They invited the Agency to reconsider its mechanisms for such payments and also asked it to be more prudent in its budgetary implementation with regard to the organisation of events.
Performance
Parliament noted that the Agency uses certain measures as key performance indicators to assess the added value of its activities but called on the Agency to clarify why 'refusal of entry' is included in the key performance indicators.
The first technical and operational strategy for integrated European border management was adopted in March 2019. However, Members are concerned about the Court's findings from the previous year that the Agency still does not have a comprehensive business continuity plan approved by the Management Board. They invited the Agency to inform the discharge authority of the steps taken to adopt and implement such a plan.
The Agency is invited to provide its Fundamental Rights Officer with adequate resources and staff, in particular with a view to better developing and implementing the Agency's strategy for monitoring the situation of fundamental rights and ensuring their protection.
Staffing policy
Parliament regretted that as of 31 December 2019, only 75.83% of the establishment plan had been filled, with 367 temporary agents appointed out of the 484 temporary agents authorised under the EU budget (compared to 418 posts authorised in 2018). In addition, 214 contract agents and 168 seconded national experts worked for the Agency in 2019.
Members called on the Agency to address the significant gender imbalance reported for 2019, particularly at Management Board level (48 men and 8 women). They are also concerned about reports from journalistic investigations regarding the attitude of high ranking officials towards lower ranking staff. They highlighted in particular its concerns about reports of insulting and disrespectful behaviour towards staff, as well as remarks that allegedly control mechanisms at the Agency are becoming less effective.
The Agency's management has not taken the necessary steps to adapt to the changes in the role and competences of the Fundamental Rights Officer and Fundamental Rights monitors, which came into force in December 2019. This has led to several delays in the implementation of the fundamental rights provisions within the Agency.
Public procurement, transparency
Parliament took note of the Agency's procurement of remotely piloted aircraft systems for medium altitude long endurance maritime aerial surveillance within a framework contract totalling a maximum of EUR 50 million and a maximum total duration of the contract of four years for each of the respective contractors in 2020.
Members recalled that both to rescue migrants in distress at the external border and to procure technical equipment to ensure border management are essential parts of the Agency's mission and encouraged the Agency to continue following the applicable procurement rules when acquiring technical equipment.
The resolution noted with concern that, according to journalistic investigations, the Agency held several meetings between 2018 and 2019 with representatives of industries relevant to its field of work and that 70% of these meetings involved representatives of companies not listed in the Union's transparency register.
Respect for fundamental rights
Parliament took note of repeated allegations of complicity by the Agency in fundamental rights violations by the Greek authorities concerning its involvement in migrant pushbacks. It recalled that the Agency is mandated to control borders while ensuring that border controls are conducted in accordance with the fundamental rights, the Convention relating to the Status of Refugees.
The resolution stressed the need to involve the Frontex Management Board Working Group, set up by Parliament's Committee on Civil Liberties, Justice and Home Affairs, in order to fully clarify the incidents. The Agency is asked to inform Parliament regularly about its work at the external borders.
Documents
- Committee draft report: PE695.041
- Text adopted by Parliament, single reading: T9-0191/2021
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, single reading: A9-0081/2021
- Committee report tabled for plenary: A9-0081/2021
- Amendments tabled in committee: PE680.801
- Committee opinion: PE661.920
- Supplementary non-legislative basic document: 05793/2021
- Committee draft report: PE657.220
- Non-legislative basic document: COM(2020)0288
- Non-legislative basic document: EUR-Lex
- Non-legislative basic document published: COM(2020)0288
- Non-legislative basic document published: EUR-Lex
- Non-legislative basic document: COM(2020)0288 EUR-Lex
- Committee draft report: PE657.220
- Supplementary non-legislative basic document: 05793/2021
- Committee opinion: PE661.920
- Amendments tabled in committee: PE680.801
- Committee report tabled for plenary, single reading: A9-0081/2021
- Text adopted by Parliament, single reading: T9-0191/2021
- Committee draft report: PE695.041
Activities
- Maria ARENA
Plenary Speeches (0)
- Dita CHARANZOVÁ
Plenary Speeches (0)
- Geoffroy DIDIER
Plenary Speeches (0)
- Bas EICKHOUT
Plenary Speeches (0)
- Juan Fernando LÓPEZ AGUILAR
Plenary Speeches (0)
- Dimitrios PAPADIMOULIS
Plenary Speeches (0)
- Birgit SIPPEL
Plenary Speeches (0)
- Clare DALY
Plenary Speeches (0)
- Sira REGO
Plenary Speeches (0)
- Saskia BRICMONT
Plenary Speeches (0)
- Susanna CECCARDI
Plenary Speeches (0)
- Joachim KUHS
Plenary Speeches (0)
- Ramona STRUGARIU
Plenary Speeches (0)
- Joachim Stanisław BRUDZIŃSKI
Plenary Speeches (0)
- Evin INCIR
Plenary Speeches (0)
- Abir AL-SAHLANI
Plenary Speeches (0)
- Elżbieta RAFALSKA
Plenary Speeches (0)
- Jean-Lin LACAPELLE
Plenary Speeches (0)
Votes
Décharge 2019 : Agence européenne de garde-frontières et de garde-côtes - 2019 discharge: European Border and Coast Guard Agency - Entlastung 2019: Europäische Agentur für die Grenz- und Küstenwache - A9-0081/2021 - Ryszard Czarnecki - Propositions de décision #
Décharge 2019 : Agence européenne de garde-frontières et de garde-côtes - 2019 discharge: European Border and Coast Guard Agency - Entlastung 2019: Europäische Agentur für die Grenz- und Küstenwache - A9-0081/2021 - Ryszard Czarnecki - Am 1 #
A9-0081/2021 - Ryszard Czarnecki - Am 2/1 #
A9-0081/2021 - Ryszard Czarnecki - Am 2/2 #
A9-0081/2021 - Ryszard Czarnecki - Am 3 #
A9-0081/2021 - Ryszard Czarnecki - § 25/1 #
A9-0081/2021 - Ryszard Czarnecki - § 25/2 #
A9-0081/2021 - Ryszard Czarnecki - § 25/3 #
A9-0081/2021 - Ryszard Czarnecki - § 25/4 #
A9-0081/2021 - Ryszard Czarnecki - § 25/5 #
A9-0081/2021 - Ryszard Czarnecki - § 25/6 #
A9-0081/2021 - Ryszard Czarnecki - § 25/7 #
A9-0081/2021 - Ryszard Czarnecki - § 25/8 #
A9-0081/2021 - Ryszard Czarnecki - § 25/9 #
A9-0081/2021 - Ryszard Czarnecki - Am 4 #
A9-0081/2021 - Ryszard Czarnecki - Am 5 #
A9-0081/2021 - Ryszard Czarnecki - Am 9 #
A9-0081/2021 - Ryszard Czarnecki - Am 6/rev/1 #
A9-0081/2021 - Ryszard Czarnecki - Am 6/rev/2 #
A9-0081/2021 - Ryszard Czarnecki - Am 10 #
A9-0081/2021 - Ryszard Czarnecki - Am 7 #
A9-0081/2021 - Ryszard Czarnecki - Am 11 #
A9-0081/2021 - Ryszard Czarnecki - Am 12 #
A9-0081/2021 - Ryszard Czarnecki - Am 13 #
A9-0081/2021 - Ryszard Czarnecki - Am 14 #
A9-0081/2021 - Ryszard Czarnecki - Am 8/1 #
A9-0081/2021 - Ryszard Czarnecki - Am 8/2 #
Décharge 2019 : Agence européenne de garde-frontières et de garde-côtes - 2019 discharge: European Border and Coast Guard Agency - Entlastung 2019: Europäische Agentur für die Grenz- und Küstenwache - A9-0081/2021 - Ryszard Czarnecki - Proposition de résolution #
Amendments | Dossier |
51 |
2020/2167(DEC)
2021/07/06
LIBE
51 amendments...
Amendment 1 #
Draft opinion Paragraph -1 (new) -1. Recalls the conclusions of the first opinion of the Committee on Civil Liberties, Justice and Home Affairs and the final report of the Committee on Budgetary Control which led to the decision to postpone the granting of discharge in respect of the implementation of the Agency's budget for the financial year 2019 until these elements have been clarified and properly presented by the Agency, and until the OLAF investigation has been completed; emphasizes that by postponing the discharge, the Parliament has given the Agency an additional six months to respond to the various elements that were developed in the discharge report voted on the 28th April of 2021; is concerned about the resumption of our work in committee and the short period of time after the first vote in plenary;
Amendment 10 #
Draft opinion Paragraph 2 2. Notes with regret the weaknesses detected with respect to the Agency’s primary activities and acknowledges that the Agency has fulfilled the vast majority of its tasks in support of the fight against irregular immigration and the fight against cross-border crime
Amendment 11 #
Draft opinion Paragraph 2 2. Notes with regret the
Amendment 12 #
Draft opinion Paragraph 2 2. Notes
Amendment 13 #
Draft opinion Paragraph 2 2. Notes with regret the weaknesses detected with respect to the Agency’s primary activities in support of the fight against irregular immigration and the fight against cross-border crime which are caused by an incomplete implementation of the 2016 mandate and the failure of the Agency to take the measures necessary to adapt its organisation to fully implement that mandate; notes with concern that the Court identifies a significant risk that the Agency will struggle to carry out the mandate given to it by Regulation (EU) 2019/18962
Amendment 14 #
Draft opinion Paragraph 2 2. Notes with regret the weaknesses detected with respect to the Agency’s primary activities in support of the fight against irregular immigration and the fight against cross-border crime; w
Amendment 15 #
Draft opinion Paragraph 3 3. Is deeply concerned that according to the Special report of the ECA the Agency did not provide information about the impact or cost of its activities
Amendment 16 #
Draft opinion Paragraph 3 3.
Amendment 17 #
Draft opinion Paragraph 3 3. Is concerned that the Agency did not provide information about the performance, real impact
Amendment 18 #
Draft opinion Paragraph 3 3. Is concerned that the Agency
Amendment 19 #
Draft opinion Paragraph 3 3. Is concerned that the Agency did not provide information about the impact or actual cost of its activities and performances, more particularly about the real cost of its joint operations, either aggregated or disaggregated by operation (maritime and aerial) and type of costs (e.g. human resources and light equipment, or heavy equipment); notes that the Agency only presents costs based on estimates that can reveal significant differences; is disappointed that the Agency’s operational reporting means that decision makers are not adequately informed;
Amendment 2 #
Draft opinion Paragraph 1 1. Notes with concern the findings of the Court of Auditors
Amendment 20 #
Draft opinion Paragraph 3 a (new) 3 a. Underlines the Court's finding that Frontex has not attributed sufficient importance to the role of cultural mediator, who is required to understand cultural differences and the social norms of different cultures, while inspiring confidence in those who have recently arrived at the border;
Amendment 21 #
Draft opinion Paragraph 4 Amendment 22 #
Draft opinion Paragraph 4 4. Welcomes the recruitment of the fundamental rights officer, who took office on 1 June 2021, and the appointment of 20 fundamental rights monitors; regrets that 15 of those appointments were made at AST level which is not in keeping with the Agency’s mandate under Regulation (EU) 2019/1896; reiterates that Regulation (EU) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors by 5 December 2020; insists that the Agency swiftly recruits the remaining 20 fundamental rights monitors and does so in AD positions; recalls that the Parliament and the European Commission have made repetitive calls on the Executive Director to comply with this obligation without further delay;
Amendment 23 #
Draft opinion Paragraph 4 4. Welcomes the recruitment of the fundamental rights officer, who took office on 1 June 2021, and the appointment of 20 fundamental rights monitors;
Amendment 24 #
Draft opinion Paragraph 4 4. Welcomes the partial recruitment of the fundamental rights officer, who took office on 1 June 2021, and the appointment of 20 fundamental rights monitors; regrets that 15 of those appointments were made at AST level which is not in keeping with the Agency’s mandate under Regulation (EU) 2019/1896; reiterates that Regulation (EU) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors by 5 December 2020;
Amendment 25 #
Draft opinion Paragraph 4 4. Welcomes the recruitment of the fundamental rights officer, who took office on 1 June 2021, and the appointment of 20 fundamental rights monitors; notes regrets that 15 of those appointments were made at AST level which is not in keeping with the Agency
Amendment 26 #
Draft opinion Paragraph 4 a (new) 4 a. Notes that former Fundamental Rights Officers have also faced difficulties while evaluating Joint Operations; stresses that the former FRO has encountered many problems in regard to the cooperation of the Member States, more precisely on the matter of replies by national authorities on the substance of cases; notes that this undermines the work and the tasks the FRO is assigned with;
Amendment 27 #
Draft opinion Paragraph 4 b (new) 4 b. Notes that in November 2019, new rules came into force concerning the complaints mechanism giving the FRO responsibility, in addition to dealing with complaints submitted through the mechanism and with Serious Incident Reports, for dealing with complaints alleging violations of the rules on the use of arms; notes that the Ombudsman opened an inquiry on her own initiative to look into how the Agency deals with alleged breaches of fundamental rights through its complaints mechanism, and to address the role and independence of the FRO in this regard; notes that among the Ombudsman’s main findings are the following: since its creation, the complaints mechanism has dealt with a very low number of complaints; between 2016 and January 2021, the FRO had received 69 complaints of which 22 were admissible; notes furthermore that this is explained by a number of factors including: (i) lack of awareness and understanding among potential complainants about the mechanism; (ii) fear of negative repercussions, coupled with the fact that it is not possible to submit anonymous complaints, (iii) stressful situations in which potential complainants find themselves; (iv) lack of engagement on the ground by Frontex deployed officers who could play a more active role in receiving and transmitting complaints to the FRO; notes that the Ombudsman concluded that there has been inadequate transparency in relation to the mechanism’s activities; notes that the FRO has no independence about its role vis-a-vis the SIRs in the context of fundamental rights issues; notes furthermore that with the FRO being given a role only late-on in the process of dealing with SIRs, the crucial role of the FRO in this process is undermined;
Amendment 28 #
Draft opinion Paragraph 5 5.
Amendment 29 #
Draft opinion Paragraph 5 5.
Amendment 3 #
Draft opinion Paragraph 1 1. Notes with deep concern the findings of the Court of Auditors’ (the Court) in its special report1
Amendment 30 #
Draft opinion Paragraph 5 5. Urges the Agency’s management board to swiftly
Amendment 31 #
Draft opinion Paragraph 5 a (new) 5 a. Notes that a legal action has been filed with the European Court of Justice against Frontex over human rights violations in the Aegean Sea and Frontex’s failure to terminate its operations in Greece despite serious, systematic, and widespread violations of fundamental rights under EU Law; recalls that the case was filed on behalf of two asylum seekers – an unaccompanied minor and a woman – who, while seeking asylum on EU soil (Lesbos), 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;
Amendment 32 #
Draft opinion Paragraph 5 b (new) 5 b. Expresses serious concerns regarding the "Serious Incident Report" number 11095 in which Frontex’s own staff noted that during the night from 18 to 19 April 2020, 30 migrants were illegally taken out of Greek waters by Greek coast guard members and left then adrift in Turkish waters; recalls that the agency is aware of many allegations of pushbacks in its operational areas; highlights that Frontex's assets have been ordered at different occasions to leave the area by national authorities to proceed with pushbacks and even ordered to carry out one push back as was the case on 2 March 2020; urges the Agency to immediately stop these pushbacks and respect international maritime law, fundamental rights and the right to apply for asylum;
Amendment 33 #
Draft opinion Paragraph 6 6. Notes that the OLAF investigation into Frontex over allegations of harassment, misconduct and migrants pushbacks is still ongoing; notes also that the European Ombudsman’s inquiry with respect to the Agency’s
Amendment 34 #
Draft opinion Paragraph 6 6. Notes that the OLAF investigation into Frontex is still ongoing; notes also that the European Ombudsman
Amendment 35 #
Draft opinion Paragraph 6 6. Notes that the OLAF investigation into allegations of harassment, misconduct and migrant pushbacks by Frontex is still ongoing; notes also that the European Ombudsman’s inquiry with respect to the Agency’s complaints mechanism, case OI/5/2020/MHZ, was closed on 15 June 2021, finding, among other things, a regrettable lack of transparency; notes in addition that the Agency’s management board has closed its investigation on 13 incidents in the Aegean
Amendment 36 #
Draft opinion Paragraph 6 6. Notes that the OLAF investigation into Frontex is still ongoing; notes also that the European Ombudsman’s inquiry with respect to the Agency’s complaints mechanism, case OI/5/2020/MHZ, was closed on 15 June 2021,
Amendment 37 #
Draft opinion Paragraph 6 a (new) 6 a. Recalls that the Progress Lawyers Network, Front-LEX and the Greek Helsinki Monitor have submitted a legal action against Frontex at the CJEU on behalf of two asylum seekers who had been victims of pushbacks operations during their attempts to seek protection in the EU; underlines that this is the first time that Frontex is being taken to the CJEU over human rights violations;
Amendment 38 #
Draft opinion Paragraph 6 a (new) 6 a. Urges furthermore the Agency to carry out an independent investigation into these violations and reinforce internal reporting processes, ensuring concerns are effectively reported and not covered-up;
Amendment 39 #
Draft opinion Paragraph 7 7. Concludes that the increased competences and budget for the Agency need to be accompanied by a corresponding increase in accountability and transparency, as well as full respect for and protection of fundamental rights; stresses that discharge for the Agency is conditional on such accountability
Amendment 4 #
Draft opinion Paragraph 1 1. Notes with concern the findings of the Court of Auditors’ (the Court) in its special report1
Amendment 40 #
Draft opinion Paragraph 7 7. Concludes that the increased competences and budget for the Agency need to be accompanied by a
Amendment 41 #
Draft opinion Paragraph 7 7.
Amendment 42 #
Draft opinion Paragraph 7 7. Concludes that the increased competences and budget for the Agency need to be accompanied by a corresponding increase in accountability and transparency; stresses that discharge for the Agency is conditional on such accountability and transparency, especially on the Agency's commitment to Union law; stresses
Amendment 43 #
7. Concludes that the increased competences and budget for the Agency need to be accompanied by a corresponding increase in accountability and transparency; stresses that discharge for the Agency is conditional on such accountability and transparency, especially on the Agency's commitment to Union law and the fundamental rights therein; stresses in this context the need for a full clarification of the alleged violations of fundamental rights at the external borders;
Amendment 44 #
Draft opinion Paragraph 7 – subparagraph 1 (new) Stresses that discharge for the Agency is conditional on such accountability and transparency, especially on the Agency's commitment to Union law; stresses in this context the need for full compliance with fundamental rights at the external borders; expects the fundamental rights monitors to carry out their mission thoroughly and support the implementation of the action plan;
Amendment 45 #
Draft opinion Paragraph 7 a (new) 7 a. Recalls that in its decision on Frontex’s 2019 discharge adopted on 28 April 2021, the Parliament “expects the Agency to fully implement the recommendations of WG FRaLO and to present to the discharge authority concrete actions with a clear timetable to address the problems identified; considers these steps to be a mandatory condition for granting the discharge to the Agency” (paragraph 53); stresses therefore that the decision on the discharge shall be based in light of the implementation of Frontex's roadmap;
Amendment 46 #
Draft opinion Paragraph 7 a (new) 7 a. Notes that Frontex’s vulnerability assessments face several issues, one of them being that they fail to take into account fundamental rights; urges the Agency to comply with its obligations and take fundamental rights into account in these assessments;
Amendment 47 #
Draft opinion Paragraph 8 8. Declares th
Amendment 48 #
Draft opinion Paragraph 8 8. Declares that
Amendment 49 #
Draft opinion Paragraph 8 8. Declares th
Amendment 5 #
Draft opinion Paragraph 1 1. Notes with concern the findings of the Court of Auditors’ (the Court) in its special report1 ; takes the view that any future special report by the Court on the Agency's activities should include analysis regarding respect for and the protection of fundamental rights, where in line with its tasks and competences; _________________ 1
Amendment 50 #
Draft opinion Paragraph 8 a (new) 8 a. Requests the Committee on Budgetary Control, as the committee responsible, to postpone its decision on granting the executive director of Frontex discharge.
Amendment 51 #
Draft opinion Paragraph 8 b (new) 8 b. Expresses its deep concern on the role of the Executive Director who has the final responsibility for the Agency and its commitment to fulfilling its mandate and complying with its budgetary reporting obligations and respect for fundamental rights.
Amendment 6 #
Draft opinion Paragraph 1 1. Notes
Amendment 7 #
Draft opinion Paragraph 1 1. Notes with great concern the findings of the Court of Auditors’ (the Court) in its special report1 ; takes the view that any future special report by the Court on the Agency's activities should include analysis regarding respect for and the protection of fundamental rights; _________________ 1
Amendment 8 #
Draft opinion Paragraph 1 1. Notes with concern the findings of the Court of Auditors’ (the Court) in its special report1
Amendment 9 #
Draft opinion Paragraph 2 2. Notes with regret the weaknesses detected with respect to the Agency
source: 695.229
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