Progress: Awaiting Parliament's vote
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 opinion: PE695.030
- Amendments tabled in committee: PE696.475
- 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
- Committee opinion: PE695.030
- Amendments tabled in committee: PE696.475
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 |
120 |
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
2021/09/08
CONT
69 amendments...
Amendment 1 #
Proposal for a decision 1 Paragraph 1 1.
Amendment 10 #
Motion for a resolution Paragraph 3 b (new) 3 b. Welcomes the Agency's ongoing efforts to create a register of all documents that the Agency produces, in line with its transformation and digitalisation; welcomes that the Agency proactively published key documents on its website, making them available through the Public Access to Documents register; calls on the Agency to continue to improve public access to documents and to refrain from seeking to recover the costs of external lawyers from applicants in court cases based on access to information requests in the future;
Amendment 11 #
Motion for a resolution Paragraph 3 a (new) 3 a. Regrets that in reply to Parliament's 2019 discharge report, the Agency does not show willingness to withdraw its demand to recover the legal fees in the General Court case T-31/18; reiterates its call on the Agency to withdraw its demand and to refrain from seeking to recover the costs of external lawyers from applicants in court cases based on access to information requests in the future so as to support respect for the fundamental right to access to documents by citizens and civil society;
Amendment 12 #
Motion for a resolution Paragraph 4 4. Recalls the finding of the Court of Auditors (the ‘Court’) regarding financing agreements that reimbursements were still based on actual costs instead of on unit costs, and the associated issues identified with supporting evidence; recalls that this issue was also identified in the discharge for 2018; notes from the Agency’s follow- up report that the Agency has piloted the unit cost approach for heavy equipment and an analysis was made on the use of unit costs for the deployment of human resources and light technical equipment; notes that the pilot projects for heavy equipment revealed that the unit cost approach would increase the total costs, as the financial consequences of unpredictable events such as weather conditions, repairs and days needed for transfer of the asset, that are now reimbursable on the basis of presented evidence, would need to be factored into the unit cost; notes that the Agency concluded that moving to unit-based reimbursement is not feasible due to lack of interest from Member States; insists that unnecessary bureaucratic burden needs to be avoided; calls on the Court t
Amendment 13 #
Motion for a resolution Paragraph 4 4. Recalls the finding of the Court of
Amendment 14 #
Motion for a resolution Paragraph 4 4. Recalls the finding of the Court of Auditors (the ‘Court’) regarding financing agreements that reimbursements were still based on actual costs instead of on unit costs, and the associated issues identified with supporting evidence; recalls that this issue was also identified in the discharge for 2018; notes from the Agency’s follow-
Amendment 15 #
Motion for a resolution Paragraph 4 4. Recalls the finding of the Court of Auditors (the ‘Court’) regarding financing agreements that reimbursements were still based on actual costs instead of on unit costs, and the associated issues identified with supporting evidence; recalls that this issue was also identified in the discharge for 2018;
Amendment 16 #
Motion for a resolution Paragraph 5 5.
Amendment 17 #
Motion for a resolution Paragraph 5 5. Reiterates its call on the Agency to review its mechanisms concerning the construction payments and to ensure compliance with the principles of sound financial management; welcomes, from the Agency's reply, that a prevention mechanism of such payments has been implemented throughout the financial circuit; welcomes that financial verifiers have been instructed to reject such pre- financing payments and advised the authorising officers to reject them as well;
Amendment 18 #
Motion for a resolution Paragraph 6 6. Notes the Court’s Special Report 08/2021 entitled ‘Frontex’s support to external border management: not sufficiently effective to date’; notes
Amendment 19 #
Motion for a resolution Paragraph 6 6. Notes with concern the Court’s Special Report 08/2021 entitled ‘Frontex’s support to external border management: not sufficiently effective to date’;
Amendment 2 #
Proposal for a decision 1 Paragraph 1 1.
Amendment 20 #
Motion for a resolution Paragraph 6 6. Notes the Court’s Special Report 08/2021 entitled ‘Frontex’s support to external border management: not sufficiently effective to date’; notes the Court’s conclusion that the Agency’s support to Member States and Schengen associated countries in fighting against illegal immigration and cross-border crime is not sufficiently effective and that the Agency has not fully implemented its mandate under Regulation (EU) 2016/16243
Amendment 21 #
Motion for a resolution Paragraph 6 6. Notes the Court’s Special Report 08/2021 entitled ‘Frontex’s support to external border management: not sufficiently effective to date’; notes the Court’s conclusion that the Agency’s support to Member States and Schengen associated countries in fighting against illegal immigration and cross-border crime is not sufficiently effective and that the Agency has not fully implemented its mandate under Regulation (EU) 2016/16243 ; notes further that the Court highlighted risks related to the Agency’s mandate under Regulation (EU)
Amendment 22 #
Motion for a resolution Paragraph 6 a (new) 6 a. Notes that only two years after the previous amendment came into force, the Commission put forward a proposal for a new regulation for the Agency in absence of an impact assessment for the new legislation; calls on the Commission and the Agency to quickly find an adequate solution to ensure a proper and timely implementation of the Agency's new mandate, urges the Commission and the Court of Auditors to regularly assess Agency’s and the Member States’ performance to identify areas for improvement, including in the respective legal bases for Agency’s activities, and also in the light of results and impacts achieved;
Amendment 23 #
Motion for a resolution Paragraph 6 a (new) 6 a. Notes with concern the Court’s conclusion that the Agency’s operational reporting fails to inform decision-makers adequately as it lacks information on actual cost and performance;
Amendment 24 #
Motion for a resolution Paragraph 7 7. Notes with concern the Court’s conclusion that although a functional information exchange framework is in place to support the
Amendment 25 #
Motion for a resolution Paragraph 7 7. Notes the Court’s conclusion that although a functional information exchange framework is in place to support the fight against illegal immigration, it did not function well enough to provide accurate, complete and up-to-date situational awareness of the Union’s external borders; regrets that adequate information exchange framework has not yet been established for cross-border crime, affecting the capacity of the Agency and Member States to respond quickly to any threats detected; notes that the Agency dispatches timely and relevant migration information about the situation at the external borders and provides information about specific events; notes, however, some drawbacks as far as external border control is concerned, such as the lack of information, technical standards for border control equipment, a common catalogue for cross-border crime reporting, and near-
Amendment 26 #
Motion for a resolution Paragraph 7 7. Notes the Court’s conclusion that although a functional information exchange framework is in place to support the fight against illegal immigration, it did not function well enough to provide accurate, complete and up-to-date situational awareness of the Union’s external borders; notes that the Agency dispatches timely and relevant migration information about the situation at the external borders and provides information about specific events; notes, however, some drawbacks as far as external border control is concerned, such as the lack of information, technical standards for border control equipment, a common catalogue for cross-border crime reporting, and near- real-time information about the situation at the Union’s air borders, and delays in updating the common integrated risk analysis model; underlines that the latter observation cannot be solely attributed to the Agency, but needs to be remedied jointly with Member States and the Commission;
Amendment 27 #
7. Notes the Court’s conclusion that although a functional information exchange framework is in place to support the fight against illegal immigration, it did not function well enough to provide accurate, complete and up-to-date situational awareness of the Union’s external borders; notes that the Agency dispatches timely and relevant migration information about the situation at the external borders and provides information about specific events;
Amendment 28 #
Motion for a resolution Paragraph 7 7. Notes with concern the Court’s conclusion that although a functional information exchange framework is in place to support the fight against illegal immigration, it did not function well enough to provide accurate, complete and up-to-date situational awareness of the Union’s external borders; notes that the Agency dispatches timely and relevant migration information about the situation at the external borders and provides information
Amendment 29 #
Motion for a resolution Paragraph 7 a (new) 7 a. Notes that Frontex, as regards the common integrated risk assessment model, cannot assess risks and monitor the situation sufficiently because of differences in reporting across Member States in terms of frequency, format, data or definition of cases; further notes that Member States inconsistently report on cross-border crime; regrets that the needed exchange between the Agency and the Member States to fight against illegal migration and cross-border crime is hampered; concludes that the Agency cannot sufficiently fulfil its mandate because of missing data; calls on the Commission to strengthen the cooperation between the Member States and the Agency by clear legal guidance;
Amendment 3 #
Proposal for a decision 1 Paragraph 1 1.
Amendment 30 #
9 a. Is concerned by the Court’s finding that the Agency did not provide adequate information about the impact or cost of its activities and that the Agency did not carry out a robust evaluation of joint operations, did not explain any deviation or identify the impact of any gaps in resources, and did not provide information about the real costs of its joint operations; highlights that the Agency has an obligation to provide adequate information about the impacts and costs of its activities to ensure transparency and accountability;
Amendment 31 #
Motion for a resolution Paragraph 10 10. Notes that the Commission and the Agency accepted or partially accepted, all recommendations of the Court
Amendment 32 #
Motion for a resolution Paragraph 10 10. Notes that the Commission and the Agency accepted or partially accepted, all recommendations of the Court and calls on the budgetary authority to look into the possibility to put a part of the Agency’s future budget appropriations in a reserve that can be made available when the following conditions are met: a. at least 40 fundamental rights monitors are recruited at AD grade in line with Article 110 of Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624; b. three deputy executive directors are recruited in line with Article 107 of Regulation (EU) 2019/1896; c. a detailed specific procedure for the implementation of Article 46 of Regulation (EU) 2019/1896 is adopted; d. milestones in the implementation of the Court’s recommendations are met;
Amendment 33 #
Motion for a resolution Paragraph 10 10. Notes that the Commission and the Agency accepted or partially accepted, all recommendations of the Court and calls on the budgetary authority to look into the possibility to put a part of the Agency’s future budget appropriations in a reserve that can be made available when
Amendment 34 #
Motion for a resolution Paragraph 10 10. Notes that the Commission and the Agency accepted or partially accepted, all recommendations of the Court and calls on the budgetary authority to
Amendment 35 #
Motion for a resolution Paragraph 10 a (new) 10 a. Recalls that during a meeting of the Committee on Budgetary Control of 1 September 2021 the Deputy Director General of DG HOME stated that all enquiries have come to an end and that none have led to conclusions that there were traces of budgetary or financial mismanagement or fundamental rights violations or that the Agency had refused to comply with obligations under its regulation;
Amendment 36 #
Motion for a resolution Paragraph 10 b (new) 10 b. Recalls that during the last budgetary conciliation it was agreed for the Commission to exert stronger control functions regarding the agencies; calls therefore on the Commission and the Agency to expound how the identified deficits including recruitment and procurement will be solved for the budget 2022; calls on the Commission and the Agency to ensure a clear and transparent distribution of responsibilities; calls on the Commission as Guardian of the Treaties to ensure legal clarity regarding the implementation of Regulation (EU) 2019/1896;
Amendment 37 #
Motion for a resolution Paragraph 11 Amendment 38 #
Motion for a resolution Paragraph 11 a (new) 11 a. Highlights that the outcome of the OLAF investigation is a crucial element without which the decision to grant discharge or not cannot be taken;
Amendment 39 #
Motion for a resolution Paragraph 12 12. Recalls the great concerns of Parliament on the meetings conducted in 2018 and 2019 by the Agency with representatives of industries relevant for the Agency’s work, with a majority of representatives not listed in the Union transparency register; raises strong concerns regarding the fact that the Executive Director lied to the Parliament when he stated that the Agency had met exclusively with lobbyists listed in the EU Transparency Register 2019; highlights that a report by Corporate Europe Observatory disclosed that in 2018 and 2019, 72% (91 out of a total of 125) of all lobbyists that the Agency met were not registered in the EU Transparency Register1a; points to Article 118 of Regulation (EU) 2019/1896 that requires the Agency to ensure transparency as regards lobbying by means of a transparency register and by disclosing all meetings with third-party stakeholders; notes the decision of the Agency’s executive director on the transparency register of the Agency of 5
Amendment 4 #
Proposal for a decision 1 Paragraph 1 1. Grants
Amendment 40 #
Motion for a resolution Paragraph 12 12. Recalls the concerns of Parliament on the meetings conducted in 2018 and 2019 by the Agency with representatives of industries relevant for the Agency’s work, with a majority of representatives not listed in the Union transparency register; points to Article 118 of Regulation (EU) 2019/1896 that requires the Agency to ensure transparency as regards lobbying by means of a transparency register and by disclosing all meetings with third-party stakeholders;
Amendment 41 #
Motion for a resolution Paragraph 12 a (new) 12 a. Notes that the Agency has an obligation to ensure proactive transparency as stated in Article 114(2) of Regulation (EU) 2019/1896; notes that Article 114(2) of Regulation (EU) 2019/1896 also provides that such transparency has its limits as it shall be ensured without revealing operational information which, if made public, would jeopardise achievement of the objectives of operations; takes note that the Agency cannot disclose personal data in violation of the legal base for processing of personal data, as provided for by Article 5 of Regulation (EU) 2016/679; calls on the Commission to ensure binding rules for the protection of information and data;
Amendment 42 #
Motion for a resolution Paragraph 12 a (new) 12 a. Underlines that transparency is a general rule that applies to the Agency, the Commission and the organisations in the consultative forum as a precondition of mutual trust and good cooperation;
Amendment 43 #
Motion for a resolution Paragraph 13 13. Recalls the establishment of the Frontex Scrutiny Working Group (FSWG) by Parliament’s Committee on Civil Liberties, Justice and Home Affairs; notes that the F
Amendment 44 #
Motion for a resolution Paragraph 13 13. Recalls the establishment of the Frontex Scrutiny Working Group (FSWG) by Parliament’s Committee on Civil Liberties, Justice and Home Affairs; notes that the F
Amendment 45 #
Motion for a resolution Paragraph 13 13. Recalls the establishment of the Frontex Scrutiny Working Group by Parliament’s Committee on Civil Liberties, Justice and Home Affairs; notes that the Frontex Scrutiny Working Group published its report on the fact-finding investigation on Frontex concerning alleged fundamental rights violations on 14 July 2021; notes
Amendment 46 #
Motion for a resolution Paragraph 13 13. Recalls the establishment of the Frontex Scrutiny Working Group by Parliament’s Committee on Civil Liberties, Justice and Home Affairs; notes that the Frontex Scrutiny Working Group published its report on the fact-finding investigation on Frontex concerning alleged fundamental rights violations on 14 July 2021; notes that the Frontex Scrutiny Working Group found no proof of the Agency’s involvement in alleged illegal pushbacks; notes however that the FSWG concluded that the Agency had been aware of cases of fundamental rights violations, but failed to address and investigate these violations promptly, vigilantly and effectively;
Amendment 47 #
Motion for a resolution Paragraph 13 13. Recalls the establishment of the Frontex Scrutiny Working Group by Parliament’s Committee on Civil Liberties, Justice and Home Affairs; notes that the Frontex Scrutiny Working Group published its report on the fact-finding investigation on Frontex concerning alleged fundamental rights violations on 14 July 2021; notes that the Frontex Scrutiny Working Group found no proof of the Agency’s involvement in alleged illegal pushbacks; notes that the Frontex Scrutiny Working Group identified gaps in the framework of cooperation with Member States, which may hamper the fulfilment of Frontex’s fundamental rights obligations, and highlighted the responsibility of the Member States and the Commission, also outside their role in the Management Board; emphasises that the Agency's staff needs legal clarity, particularly during high-risk missions at sea and that the Commission and the Member States need to ensure legal standards and clarity on the implementation of the Regulation (EU) 2019/1896 regarding various situations during missions;
Amendment 48 #
Motion for a resolution Paragraph 13 a (new) Amendment 49 #
Motion for a resolution Paragraph 13 a (new) 13 a. Notes the division of responsibilities between the Agency and Member States in relation to fundamental rights; recalls that the principle of working under instructions of the host Member States hinders the capacity of the Agency to fulfil its fundamental rights obligations; acknowledges the limits which are experienced by the Agency in practice to only investigate fundamental rights compliance in relation to assets financed or co-financed by the Agency; recalls the recommendations of the FSWG and urges the Executive Director to ensure that the Fundamental Rights Officer is consulted prior to the decision to launch a Joint Operation; calls on the Agency's management and on the relevant national authorities to further develop a structure and culture of cooperation, ensuring compliance and full respect of national, Union and international law provisions on fundamental rights;
Amendment 5 #
Proposal for a decision 2 Paragraph 1 1. Approves the closure of the accounts of the European Border and Coast Guard Agency for the financial year 2019
Amendment 51 #
Motion for a resolution Paragraph 13 d (new) 13 d. Welcomes the conclusions of the European Ombudsman OI/5/2020/MHZ strategic inquiry concerning the Agency's complaints mechanism for alleged breaches of fundamental rights, revealing that there was no maladministration in the Agency; acknowledges the Agency's commitment to address the areas for which the European Ombudsman identified improvement suggestions;
Amendment 52 #
Motion for a resolution Paragraph 13 a (new) 13 a. Notes the conclusions of the European Ombudsman’s enquiry into the Agency complaints mechanism for reporting breaches of fundamental rights and the Fundamental Rights Officer; notes that the Ombudsman identified shortcomings in the complaints mechanism, which may make it more difficult for individuals to report alleged fundamental rights violations and seek redress; notes that the Ombudsman identified delays in fulfilling the obligations of the Agency in this regard;
Amendment 53 #
Motion for a resolution Paragraph 13 b (new) 13 b. Is concerned about the findings of the FSWG that that the Fundamental Rights Officer (FRO) and the Consultative Forum (CF) were frequently not involved from the start in the development of rules, procedures and strategies on matters concerning fundamental rights as well as about the fact that the opinions and recommendations of the FRO and CF were not sufficiently taken into account by the Management Board and the Executive Director; calls on the Agency to fully and actively include the FRO and CF in all relevant processes from the very start; calls on the Executive Director to revise his relationship with the FRO and CF, timely taking into consideration all their recommendations; urges the Agency to fully implement the recommendations of the FSWG and to report to the discharge authority about the progress achieved;
Amendment 54 #
Motion for a resolution Paragraph 13 b (new) 13 b. Points out that the Executive Director lied at different occasions to MEPs within the framework of the investigation of the FSWG, including by concealing information about individual pushbacks he had full knowledge of; notes that MEPs found proof of the Executive Director recategorising a Serious Incident Report (SIR) to category 2 and personally instructing Agency's Fundamental Rights Officer to “remove all information gathered” for this same SIR concerning a push back incident recorded by a FRONTEX aerial asset on 18-19 April 2020; deplores that “the Executive Director continues to maintain that he is not aware of any information that fundamental rights have been or are being violated, and even denies that he had received reports from actors that have confirmed they shared their findings with the Agency”;
Amendment 55 #
Motion for a resolution Paragraph 13 c (new) 13 c. Urges the Agency to ensure that it complies with all fundamental rights obligations enshrined in the Regulation (EU) 2019/1896 in its implementation of integrated border management, both in terms of policy and operational activities; calls on the Agency to implement effectively the recommendations from the report of the FSWG and the previous 2019 discharge resolution of the Parliament and inform on a regular basis the Parliament about the implementation of its recommendations and about ongoing operations, including serious incidents concerning fundamental rights violations at the external borders and how this was addressed by the Agency;
Amendment 57 #
Motion for a resolution Subheading 6 Amendment 58 #
Motion for a resolution Paragraph 13 e (new) 13 e. Notes that the FSWG expressed “concern that the Executive Director has delayed the recruitment of the three Deputy Executive Directors, and has refrained from delegating independent powers to them” and that “in combination with the proposal of the Executive Director to expand the Cabinet of the Executive Management of Frontex to 63 staff members, the FSWG is strongly concerned about insufficient checks and balances within the Agency”[8]; [8] “Report on the fact-finding investigation on Frontex concerning alleged fundamental rights violations”, 3D. Role of the Executive Director
Amendment 59 #
Motion for a resolution Paragraph 13 d (new) Amendment 6 #
Proposal for a decision 2 Paragraph 1 1.
Amendment 60 #
Motion for a resolution Subheading 6 b (new) Reiterates with concern the findings of the FSWG that the Executive Director has delayed the recruitment of the three Deputy Executive Directors, and has refrained from delegating independent powers to them, while expanding the cabinet of the Executive Director to 63 staff members;
Amendment 61 #
Motion for a resolution Subheading 6 c (new) Acknowledges that the competencies of the three Deputy Executive Directors were defined by the Management Board and respective vacancy notices for the three positions were published in the Official Journal of the European Union on March 24th, 2021; calls on the Agency to report to the discharge authority on the progress obtained with respect to the recruitment process;
Amendment 62 #
Motion for a resolution Paragraph 14 14.
Amendment 63 #
Motion for a resolution Paragraph 14 14. Notes that the Agency’s fundamental rights officer took office on 1 June 2021;
Amendment 64 #
Motion for a resolution Paragraph 14 14.
Amendment 65 #
Motion for a resolution Paragraph 14 14. Notes that the Agency’s fundamental rights officer took office on 1 June 2021; underlines that the Agency’s establishment plan was cut from 377 AD posts to 275 AD posts in 2020; acknowledges that this has had an effect on the whole personnel structure including the recruitment of the 40 fundamental rights monitors; notes the statements of the Agency’s executive director that the recruitment of a first batch of 20 fundamental rights monitors is completed, with the fundamental rights monitors starting their training from 1 June 2021, and that the appointment of a second batch of 20 fundamental rights monitors is ongoing; further notes the statement that of those 20 fundamental right monitors, five have been appointed at AD 7 level and fifteen at AST 4 level; reiterates that Regulation (EU) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors and insists that the Agency swiftly appoints the remaining 20 fundamental rights monitors; notes the
Amendment 66 #
Motion for a resolution Paragraph 14 14. Notes that the Agency’s fundamental rights officer took office on 1 June 2021;
Amendment 67 #
Motion for a resolution Paragraph 14 a (new) 14 a. Outlook for the discharge 2020 Recalls that the discussions on the Agency's discharge for the financial year 2019 has been impacted by events and incidents that happened in 2020 or 2021, therefore, and keeping in mind the current OLAF investigation on the Agency and the conclusions of the LIBE Frontex Scrutiny Working group, and in line with Regulation (EU) 2019/1896 ('the Regulation'), the Agency must by the end of the 2020 discharge procedure fulfil the following conditions: a) recruit the remaining 20 fundamental rights monitors in AD grade in line with Article 110 of the Regulation; b) recruit three deputy executive directors in line with Article 107 of the Regulation; c) adopt a detailed and specific procedurefor the implementation of Article 46 of the Regulation; d) present an adapted SIR mechanism in line with the FRaLO recommendations; e) establish a fully functioning fundamental rights monitoring system in line with Article 110 (1) and (2) of the Regulation. Failing to fulfil those conditions increases the risk of a refusal to grant the discharge for the financial year 2020;
Amendment 68 #
Motion for a resolution Paragraph 14 a (new) Amendment 69 #
Motion for a resolution Paragraph 15 15. Refers, for other observations of a cross-cutting nature accompanying its decision on discharge, to its resolution of 29 April 20216 on the performance, financial management and control of the agencies
Amendment 7 #
Proposal for a decision 2 Paragraph 1 1.
Amendment 8 #
Motion for a resolution Paragraph 3 3. Recalls that on 28 April 2021 Parliament decided to postpone the
Amendment 9 #
Motion for a resolution Paragraph 3 a (new) 3 a. Notes that the Agency has prepared an initial Business Continuity Policy and that at the moment of the Agency's reply, the policy was undergoing final fine-tuning with the aim to be adopted by the end of Q2 2021; calls on the Agency to report back to the discharge authority about the state of implementation of its Business Continuity Plan;
source: 696.475
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