2023/2729(RSP) | [ParlTrack]

Recital E (new)

E. whereas serious problems affecting Frontex’ internal oversight mechanisms, and the Agency’s serious shortcomings regarding fundamental rights protection of asylum seekers and migrants, transparency, data protection, alleged sexual harassment and maladministration within Frontex, led the European Parliament to refuse discharge of the Agency’s 2020 budget;

Amendment 100 #

Paragraph 17

17. NoReiterates that ~~Parliament has previously taken the view that a permanent, robust and effective~~it is not within the European Union’s re~~sponse in~~mit to conduct search and rescue operations at sea is crucial to prevent the death toll of migrants attempting to cross the Mediterranean Sea from escalating12; remains convinced that the Agency could have a key role to play in a more proactive response by the EU and Member States to search and rescue, particularly in the Mediterranean Sea, and to the fight against criminal smugglers and human traffickers; __________________ 12 European Parliament resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration, OJ C 58, 15.2.2018.; takes the view that strengthening the Agency and the EU’s external borders and policies against illegal immigration would limit numbers of dangerous crossings and, therefore, the death toll among migrants attempting to cross the Mediterranean;

Amendment 101 #

Paragraph 17

17. Notes that Parliament has previously taken the view that a permanent, robust and effective Union response in search and rescue operations at sea is crucial to prevent the death toll of migrants attempting to cross the Mediterranean Sea from escalating12 ; remains convinced that the Agency cshould ~~have~~play a key role ~~to play~~ in a more proactive response by the EU and Member States to search and rescue, particularly in the Mediterranean Sea, and to the fight against criminal smugglers and human traffickers, and reiterates its stance that the EU should establish a comprehensive SAR mission, implemented together with the Agency; __________________ 12 European Parliament resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration, OJ C 58, 15.2.2018.

Amendment 102 #

Paragraph 17

17. Notes that Parliament has previously taken the view that a permanent, robust and effective Union response in search and rescue operations at sea is crucial to prevent the death toll of migrants attempting to cross the Mediterranean Sea from escalating12 ; remains convinced that the Agency could ~~have a key role to play in~~contribute to a more proactive response by the EU and Member States to search and rescue, particularly in the Mediterranean Sea, and to the fight against criminal smugglers and human traffickers; __________________ 12 European Parliament resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration, OJ C 58, 15.2.2018.

Amendment 103 #

Paragraph 18

18. Considers that the absence of an EU-level search and rescue mission has led other civil society and non- governmental organisations to fill the gap in providing search and rescue capacity; is concerned about the increasing number of attempts to criminalise such actions, further limiting the possibilities for those in distress at sea to be rescued;deleted

Amendment 104 #

Paragraph 18

18. Considers that the absence of an EU-level search and rescue mission has led other civil society and non- governmental organisations to fill the gap in providing search and rescue capacity; is concerned about the increasing number of attempdeaths at sea could have been prevented if the EU adopted an effective no-tolerance migration policy that does not create the pull factors for migrants to risk their lives in unseaworthy vessels; warns that any increase in EU search and rescue capacity would create further pull factors that would encourage migrants to cri~~minalise such actions, further limiting the possibilities for those in distress at sea to be rescued;~~ sk their lives to travel to Europe; further stresses that the NGO's cannot take over the role of a state in search and rescue activities; recalls that sources within Frontex have confirmed in several internal documents that certain NGO's regularly cooperate with smugglers;

Amendment 105 #

Paragraph 18

18. Considers that the ~~absence of an EU-level search and rescue mission has led other~~supplementary activities of civil society and non- governmental organiszations ~~to fill the gap in providing search and rescue capacity; is concerned about the increasing number of attempts to criminalise such ac~~in the area of search and rescue must follow strict rules of cooperation with the competent coastal states, in accordance with their national legislations, f~~urther limiting the~~or establishing the necessary coordination that will ensure the optimum possibilities for those in distress at sea to be rescued;

Amendment 106 #

Paragraph 18

18. ~~Considers that the absence of an EU-level search and rescue mission has led other~~Notes the activity of civil society and non- governmental organisations to fill the gap in providing search and rescue capacity by member states; is concerned about the increasing number of attempts to criminalise such actions, further limiting the possibilities for those in distress at sea to be rescued;

Amendment 107 #

Paragraph 18

18. Considers that the absence of ~~an EU-le~~sufficient scrutiny ovelr search and rescue missions has led ~~other~~ civil society organisations and non-governmental organisations to fill the gap in providing search and rescue capacity; is concerned about the increasing number of attempts to criminalise such actions, further limiting the possibilities for those in distress at sea to be rescuedencourage irregular immigration into the EU and to facilitate the work of people-smugglers; calls on the EU and its Member States to exert greater scrutiny over these organisations and to impose criminal penalties for their illegal activities;

Amendment 108 #

Paragraph 18

18. Considers that the absence of an EU-level search and rescue mission has led other civil society and non- governmental organisations to fill the gap in providing search and rescue capacity; is concerned about the increasing number of attempts to criminalise such actions, further limiting the possibilities for those in distress at sea to be rescuedPoints to national sovereignty in the management of the Member States territorial waters and defends a code of conduct for civil society and non- governmental organisations carrying search and rescue operations to compel ships to disembark as soon as the first rescue operation is completed and to sail straight to the designated port of safety;

Amendment 109 #

Paragraph 18 a (new)

18a. Notes that irregular departures of unseaworthy vessels run by smuggling networks are responsible for the dramatic loss of life in the Mediterranean. In this context, expects third countries to fulfil their commitments towards the EU to prevent irregular departures and fight smuggling networks, in accordance with existing agreements and joint statements, like the EU-Turkey Statement of 2016;

Amendment 11 #

Tineke STRIK, Cornelia ERNST

Recital F (new)

F. whereas the Court of Justice of the European Union (CJEU) has ruled that return decisions issued by the Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of Fundamental Rights of the European Union (the Charter) and has failed to fulfil its obligations under Directive 2013/32/EU and Directive 2013/33/EU[1]; whereas Frontex performed verifications and concluded that the Agency had never been involved in returns related to the Hungarian legislation deemed incompatible with EU law by the CJEU (HU national Act LXXXIX of 2007 and Act LVIII of 2020); whereas the Agency requires Hungary to make specific commitments concerning the procedures followed when requesting Frontex’ support; whereas Frontex has also officially requested Hungary to systematically share all available reports prepared by the Prosecutor’s Office of Hungary, which is the responsible authority to monitor the detention and forced returns of third country nationals; [1] CJEU, Case of 17 December 2020, C - 808/18, Commission vs Hungary.

Amendment 110 #

Paragraph 18 a (new)

18a. Exhorts once again the Agency to promptly and proactively transmit information concerning persons in distress at sea, where appropriate, to any vessels in the vicinity that could imminently engage in search and rescue operations and bring those persons to a safe port of disembarkation;

Amendment 111 #

Cornelia ERNST

Paragraph 18 a (new)

18a. Calls on the Agency to ensure that disembarkation takes place only in a place of safety in accordance with relevant international and Union law, and to ensure that such a port is the nearest EU safe port available for disembarkation;

Amendment 112 #

Paragraph 19

~~19. Notes the conclusions of the fundamental rights officer that Libya cannot be considered a port of safety and the conclusion of the UN Independent Fact-Finding Mission to Libya;~~deleted

Amendment 113 #

Paragraph 19

~~19. Notes the conclusions of the fundamental rights officer that Libya cannot be considered a port of safety and the conclusion of the UN Independent Fact-Finding Mission to Libya;~~deleted

Amendment 114 #

Paragraph 19

~~19. Notes the conclusions of the fundamental rights officer that Libya cannot be considered a port of safety and the conclusion of the UN Independent Fact-Finding Mission to Libya;~~deleted

Amendment 115 #

Paragraph 19

19. Notes the conclusions of the fundamental rights officer that Libya cannot be considered a port of safety and the conclusion of the UN Independent Fact-Finding Mission to Libya; urges the Agency to cease all of its Aerial Surveillance operations above the Libyan SAR zone, in order to limit contact with the Libyan Coast Guard to the absolute minimum and avoid any form of implied or implicit cooperation, following the conclusions of the UN Independent Fact- Finding Mission, and to ensure in all circumstances that disembarkation takes place only in a place of safety in accordance with relevant international and Union law;

Amendment 116 #

Paragraph 19

19. Notes theat co~~nclusions of the fundamental rights officer that Libya cannot be considered a port of safety and the conclusion of the UN Independent Fact-Finding Mission to Liby~~operation with third countries is essential to prevent tragedies at sea;

Amendment 117 #

Paragraph 20

20. Urges the Commission to ~~conduct fundamental rights impact assessments prior to concluding~~accelerate negotiations for a status agreement with a third countryies in order to be able to fully consider the fundamental rights impact of cooperating with that country; calls on the Agency to share periodical evaluations of joint operations in third countries and constantly assess the impact and scope of active operations, including in respect of fundamental rightsdeploy means to prevent illegal migratory flows towards the EU;

Amendment 118 #

Paragraph 20

20. Urges the Commission to ~~conduct fundamental rights impact assessments prior to~~ conclud~~ing~~e negotiations for a status agreement with a third ~~country in order to be able to fully consider the fundamental rights impact of cooperating with that~~ country; calls on the Agency to share periodical evaluations of joint operations in third countries and constantly assess the impact and scope of active operations~~, including in respect of fundamental rights~~;

Amendment 119 #

Paragraph 20

20. Urges the Commission to conduct fundamental rights impact assessments prior to concluding negotiations for a status agreement with a third country in order to be able to fully consider the fundamental rights impact of coopnderlines that the cooperation of Frontex with non-EU countries is key for the comprehensive implementation of the European integrated border management and that by leveratging wit~~h that country; calls on the Agency to share periodical evaluations of jo~~s expertise and resources, Frontex has become an essential partner in the fight against ~~operations in third countries and constantly assess the impact and scope of active operations, including in respect of fundamental rights;~~transnational crime and border protection also for non-EU countries thanks to the status agreements currently in force

Amendment 12 #

Cornelia ERNST, Tineke STRIK

Recital G (new)

G. whereas national human rights institutions, Council of Europe bodies, UNHCR, media and NGOs have issued further reports on alleged push-backs and other serious fundamental rights violations including violence against migrants at the EU's external land and sea borders, including in the context of joint border surveillance operations in which Frontex participated; whereas four legal actions in relation to alleged push- backs have been brought against Frontex before the General Court of the EU, of which one was ruled inadmissible and three are pending;

Amendment 120 #

Paragraph 20 a (new)

20a. Expresses concerns on the role played by the Agency in border monitoring in Libya, under the agreement wit EUBAM, including at the Southern border of the country as well as in the Sahel region under the agreement with EUCAP in Niger; calls on the Agency to conduct due diligence procedures and share with the parliament a detailed description of its activities in the region and its assessment of the fundamental rights situation;

Amendment 121 #

Rasa JUKNEVIČIENĖ

Paragraph 23 a (new)

23a. Addressing the instrumentalisation of migration Recognises the increasing use of migration as a political tool to attack security and sovereignty of member states; notes the imbalance between two competing values protected by international law - the sovereignty of the state towards which actions are directed, and the individual rights of instrumentalised migrants; acknowledges the need for a coordinated and effective response at the European level closing loopholes in the EU law by defining the measures member states could take in case of migrants’ instrumentalisation, also enhancing Frontex's capabilities in countering the instrumentalised migration, which requires different actions than those dealing with regular migration.

Amendment 122 #

Paragraph 24

24. Instructs its President to forward this resolution to the European Border and Coast Guard Agency, the Co~~mmission~~uncil and the Co~~uncil~~mmission.

Amendment 13 #

Recital H (new)

H. whereas, following the opinions and recommendations of the FRO regarding his assessment of the situation in Greece, including his Opinion of 1 September 2022 in which he advised that “well-founded allegations of fundamental rights violations in Greece have reached the level at which the conditions for triggering Article 46(4) of the EBCG regulation are met”, the former Executive Director ad interim set up a working group and engaged in a process with the Hellenic authorities in operational activities carried out in Greece; whereas further to these discussions, the Hellenic authorities have drawn up a plan to implement fundamental rights safeguards; whereas the FRO acknowledged in the 36th report to the MB of March 2023 the efforts made by the Greek authorities and the endorsements from the Agency of the actions to be taken to address fundamental rights concerns, but that despite the action plan, the allegations of pushbacks, accompanied by ill-treatment of migrants, persist; whereas, the FRO reiterated at the Management Board meeting in June 2023 that the conditions triggering Article 46 are fully met and advocated a suspension of activities, which should be resumed only when a relationship of trust with the Greek authorities has been re-established, and that the meantime, Frontex should maintain a presence on the ground in the country.

Amendment 14 #

Recital I (new)

I. whereas, in its judgement of 30 June 2022, the CJEU found that Lithuanian legislation permitting the denial of international protection and the placing in automatic detention of applicants solely on the grounds that they have irregularly crossed the border is incompatible with Union law; whereas, as of July 2022, Frontex no longer participates or supports Lithuania with border surveillance; whereas, the Agency maintained its joint operation Terra in Lithuania, with agents working on border checks and returns, even after the judgment of the CJEU;

Amendment 15 #

Recital J (new)

J. whereas, in its 2023 Opinion on the Agency’s Discharge for 2021, the LIBE Committee expressed concern over reports that revealed that the implementation of the Processing of Personal Data for Risk Analysis Programme (PEDRA) lead to an intrusive collection of personal data by Frontex from migrants and refugees to feed into Europol’s criminal databases; whereas the Agency claimed that the project had been implemented between 2015 and 2017; whereas upon the receipt of the European Data Protection Supervisor (EDPS) opinions on the Agency’s Management Board decisions 56/2021, 68/2021 and 69/2021, the Agency's Data Protection Officer prepared an Action Plan for the implementation of the EDPS recommendations; whereas the Management Board Decision 56/2021 was revised in March 2023;

Amendment 16 #

Recital K (new)

K. whereas, in the 36th report to the Management Board, the Fundamental Rights Officer addressed increasing concerns regarding Bulgaria including allegations of unlawful returns ("pushbacks”), accompanied by ill- treatment of migrants during apprehensions by the national authorities, and underlining the need for effective and impartial investigations by the national authorities;

Amendment 17 #

Recital L (new)

L. whereas the Agency has been and is in a transition process: in June 2021 the new Fundamental Rights Office of Frontex has taken office; end of 2021 and beginning of 2022 three Deputy Executive Directors have taken office for the first time in the Agency’s history; in April 2022 a new Chair of the Management Board has started his term; following an investigation by the European Anti-Fraud Office (OLAF) into the mismanagement of the Agency, the Executive Director has resigned in April 2022, after which Frontex’ Management Board chose one of the Deputy Executive Directors to lead the Agency as Executive Director ad interim; a new Executive Director was appointed in December 2022 and took office in March 2023;

Amendment 18 #

Recital M (new)

M. whereas in its Resolution[1] granting the Agency’s Discharge for 2021, Parliament noted the steps taken by the Agency to improve the management culture and promote staff well-being, including the decentralization of decision- making to distribute responsibility and ownership of decisions, encouragement of open dialogue through Agency’s Management meetings, the development of a comprehensive internal communication strategy, strengthening of internal communications team, and the enlargement of the network of Confidential Counsellors; [1] P9_TA(2023)0165

Amendment 19 #

Recital N (new)

N. whereas Frontex’ role in practical and operational cooperation with third countries, including the Western Balkan, Moldova and Morocco, has significantly increased, inter alia on return and readmission, the fight against human trafficking, the provision of training, operational and technical assistance to authorities of third countries for the purpose of border management and border control, carrying out operations or joint operations at the EU’s external borders or in the territories of third countries, and deploying liaison officers in third countries;

Amendment 2 #

Citation 20

– having regard to its decision of 10 May 2023 on granting discharge in respect of the implementation of the budget of the European Border and Coast Guard Agency for the financial year 20217 , __________________ 7 Texts adopted, P9_TA(2023)0165.

Amendment 20 #

Recital O (new)

O. whereas the Commission is currently negotiating to significantly expand the Agency’s mandate in the EU’s neighbourhood by concluding new or upgraded Status Agreements with North Macedonia, Albania, Montenegro, Serbia, Bosnia and Herzegovina and Moldova;

Amendment 21 #

Recital P (new)

P. whereas the Commission is in negotiations with the governments of Senegal and Mauritania with a view to concluding status agreements with those countries; whereas such status agreements would be the first with third countries outside Europe;

Amendment 22 #

Recital Q (new)

Q. whereas, on 20 March 2023, the Council decided to extend the mandate of the EU CSDP operation EUNAVFOR MED IRINI until March 2025, tasked, inter alia, to support capacity building and training of the Libyan Coast Guard and Navy; whereas Frontex has a working relationship with that operation; whereas in its report A/HRC/52/83, the UN Independent Fact-Finding Mission to Libya, raised serious concerns about the involvement of Libyan actors in crimes against humanity and gross human rights violations against migrants;

Amendment 23 #

Cornelia ERNST, Tineke STRIK

Recital R (new)

R. whereas the Commission is required to carry out an evaluation of the European Border and Coast Guard Regulation by 5 December 2023, assessing whether the rules are working as intended; whereas the Commission is required to review the Frontex standing corps by 31 December 2023, assessing the overall number and composition of the standing corps;

Amendment 24 #

Paragraph -1 (new)

-1. whereas investigations from April 2021 by Lighthouse Reports show that Frontex prefers to hand over information about distress cases to the so-called Libyan Coast Guard, even though merchant vessels or NGO ships were in closer vicinity; whereas the information is partly passed on via informal WhatsApp communication;

Amendment 25 #

Paragraph 1

1. Highlights the need for a strong, effective and well-functioning European Border and Coast Guard Agency that is able to assist Member States in ~~manag~~protecting the common external borders of the European Union and incombating irregular immigration and the smuggling and trafficking of human beings, while ensuring integrated border management in full compliance with fundamental rights;

Amendment 26 #

Paragraph 1

1. Highlights the need for a strong, effective and well-functioning European Border and Coast Guard Agency that is able to assist Member States in managing the common external borders of the European Union ~~and in ensuring integrated border management in full compliance with fundamental rights~~;

Amendment 27 #

Paragraph 1

1. Highlights the need for a strong, effective and well-functioning European Border and Coast Guard Agency that is able to assist Member States in protecting and managing the common external borders of the European Union and in ensuring integrated border management in full compliance with fundamental rights;

Amendment 28 #

Paragraph 1

1. Highlights the need for a strong, effective and well-functioning European Border and Coast Guard Agency that is able to assist Member States in ~~manag~~protecting the common external borders of the European Union and in ensuring integrated border management in full compliance with fundamental rights;

Amendment 29 #

Paragraph 1

1. Highlights the need for a ~~strong,~~n effective and well-functioning European Border and Coast Guard Agency that is able to assist Member States in managing the common external borders of the European Union and in ensuring integrated border management in full compliance with fundamental rights;

Amendment 3 #

Citation 21

~~– having regard to the report of the UN Independent Fact-Finding Mission to Libya of 27 March 2023 (A/HRC/52/83),~~deleted

Amendment 30 #

Paragraph 2

2. Underlines that the Agency’s budget grew exponentially from around EUR 114 million in 2015 to around EUR 750 million in 2022; adds, moreover, that the revised mandates of the Agency in 2016 and 2019 corresponded to major increases in the Agency’s responsibilities and competences, including in terms of staff and technical equipment; stresses that ~~such~~these increases ~~in responsibility and budget for the Agency need to b~~are accompanied by ~~a corresponding~~ increase ind accountability ~~and transparency and increased scrutiny of the Agency’s respect for Union law~~towards the Council and Parliament;

Amendment 31 #

Paragraph 2

2. Underlines that, with a view to meeting the challenges of protecting the external borders, which are under increasing pressure from migration, the Agency’s budget grew ~~exponential~~significantly, from around EUR 114 million in 2015 to around EUR 750 million in 2022; adds, moreover, that the revised mandates of the Agency in 2016 and 2019 corresponded to major increases in the Agency’s responsibilities and competences, including in terms of staff and technical equipment; stresses that such increases in responsibility and budget for the Agency need to be accompanied by a corresponding i~~ncrease in accountability and transparency and increased scrutiny of the Agency’s respect for Union law~~mprovement in its results;

Amendment 32 #

Paragraph 2

2. Underlines that the Agency’s budget grew exponentially from around EUR 114 million in 2015 to around EUR 750 million in 2022; adds, moreover, that the revised mandates of the Agency in 2016 and 2019 corresponded to major increases in the Agency’s responsibilities and competences, including in terms of staff and technical equipment; stresses that such increases in responsibility and budget for the Agency need to be accompanied by a corresponding increase in accountability and transparency and increased scrutiny of the Agency’s respect for Union lawwelcomes the Agency's efforts in enhancing transparency, and budget forecasting and implementation; welcomes budget discharge being granted for the year 2021;

Amendment 33 #

Paragraph 2

2. Underlines that the Agency’s budget grew ~~exponentially~~ from around EUR 114 million in 2015 to around EUR 750 million in 2022; adds, moreover, that the revised mandates of the Agency in 2016 and 2019 corresponded to major increases in the Agency’s responsibilities and competences, including in terms of staff and technical equipment; stresses that such increases in responsibility and budget for the Agency need to be accompanied by a corresponding increase in accountability and transparency and increased scrutiny of the Agency’s respect for Union law;

Amendment 34 #

Paragraph 3

3. Notes that over the course of the last two years the Agency has seen significant managerial changes, including a new fundamental rights officer (FRO), a new chair of its Management Board, three new deputy executive directors and a new executive director; expects that the change in management will bring about the necessary change in culture with regard to respect for the Union’s principles and values, most notably fundamental rights, and with regard to transparency and efficiency in internal procedures and to increased accountability towards Parliament and the Council in accordance with the applicable legal framework; welcomes the measures already implemented to improve the management culture and to strengthen integrity and accountability within the Agency; calls on the new leadership to undertake the deep reforms that are needed and calls on the Management Board to evaluate how it can step up its involvement and scrutiny of the way in which the Agency is runcalls on the new leadership to undertake the necessary reforms;

Amendment 35 #

Paragraph 3

3. Notes that over the course of the last two years the Agency has seen significant managerial changes, including a new fundamental rights officer (FRO), a new chair of its Management Board, three new deputy executive directors and a new executive director; expects that the change in management will bring about the necessary change in culture with regard to respect for the Union’s principles and values, most notably fundamental rights, and with regard to transparency and efficiency in internal procedures and to increased accountability towards Parliament and the Council in accordance with the applicable legal framework; welcomes the measures already implementedwelcomes the measures already implemented to improve the management culture and to strengthen integrity and accountability within the Agency, whose chief mission is to improvetect the ~~management culture and to strengthen integrity and accountability within the Agency~~European Union’s external borders; calls on the new leadership to undertake the ~~deep~~ reforms that are needed and calls on the Management Board to evaluate how it can step up its involvement and scrutiny of the way in which the Agency is run;

Amendment 36 #

Paragraph 3

3. Notes that over the course of the last two years the Agency has seen significant managerial changes, including a new fundamental rights officer (FRO), a new chair of its Management Board, three new deputy executive directors and a new executive director; expects that the change in management will bring about the necessary change ~~in cultu~~to ensure a better protection of the EU's external borders. Notes that change will also be required with regard to respect for the Union’s principles and values, ~~most notably~~including fundamental rights, and with regard to transparency and efficiency in internal procedures and to increased accountability towards ~~Parliament and~~ the Council in accordance with the applicable legal framework; welcomes the measures already implemented to improve the management culture and to strengthen integrity and accountability within the Agency; calls on the new leadership to undertake the deep reforms that are needed and calls on the Management Board to evaluate how it can step up its involvement and scrutiny of the way in which the Agency is run;

Amendment 37 #

Paragraph 3

3. Notes that over the course of the last two years the Agency has seen significant managerial changes, including a new fundamental rights officer (FRO), a new chair of its Management Board, three new deputy executive directors and a new executive director; expects that the change in management will ~~bring about the necessary change in culture with regard to respect for the Union’s principles and values, most notably fundamental rights, and with regard to~~further strengthen the Agency's role in ensuring safe and well- functioning external borders and security with respect for the Union’s principles and values, transparency and efficiency in internal procedures, and ~~to increased~~proper accountability towards Parliament and the Council in accordance with the applicable legal framework; welcomes the measures already implemented to improve the management culture and to strengthen integrity and accountability within the Agency; calls on the new leadership to undertake the deep reforms that are needed and calls on the Management Board to evaluate how it can step up its involvement and scrutiny of the way in which the Agency is run;

Amendment 38 #

Paragraph 3 a (new)

3a. Stresses that, in response to a written question submitted in May 2022, the European Commission replied1 in January 2023 that none of the administrative inquiries such as those conducted by the Management Board of the European Border and Coast Guard Agency (Frontex) or by the Frontex scrutiny working group had found evidence of the participation of staff members of Frontex in refoulement operations. Is astonished at the European Commission’s failure to extend the presumption of innocence to the management of Frontex; 1 https://www.europarl.europa.eu/doceo/doc ument/E-9-2022-001717-ASW_EN.html

Amendment 39 #

Paragraph 4

4. Considers that the second European Anti-Fraud Office (OLAF) investigation into management practices at the Agency, which is underway only nine months after the first OLAF investigation was closed, demonstrates the need for change in the culture of the Agency;deleted

Amendment 4 #

Citation 23 a (new)

– whereas the Agency is currently in a transition process: in June 2021 the new Fundamental Rights Office of Frontex has taken office; end of 2021 and beginning of 2022 three Deputy Executive Directors have taken office for the first time in the Agency’s history; in April 2022 a new Chair of the Management Board has started his term; following political pressure exerted by the LIBE Committee of the European Parliament the Executive Director has resigned in April 2022 due to the mandate of the Agency having been silently changed, after which Frontex’ Management Board chose one of the Deputy Executive Directors to lead the Agency as Executive Director ad interim; a new Executive Director was appointed in December 2022 and took office in March 2023;

Amendment 40 #

Paragraph 4

4. ~~Consider~~Notes that the second European Anti-Fraud Office (OLAF) investigation into management practices at the Agency~~, which~~ is underway ~~only~~ nine months after the first OLAF investigation was closed~~, demonstrates the need for change in the culture of the Agency;~~ ; underlines that following the findings of the European Anti-Fraud Office (OLAF) and the resignation of the former Executive Director of Frontex in April 2022, the executive management of Frontex identified areas which required immediate improvement, and the Staff Committee was consulted on areas of concern related to staff engagement, performance and well-being; welcomes the efforts made to address the identified shortcomings;

Amendment 41 #

Paragraph 4

4. ~~Considers that~~Awaits the outcome of the second European Anti-Fraud Office (OLAF) investigation into management practices at the Agency, which is underway ~~only nine months after the first OLAF investigation was closed, demonstrates the need for change in the culture of the Agency~~;

Amendment 42 #

Paragraph 4

4. ~~Consider~~Notes that the second European Anti-Fraud Office (OLAF) investigation into management practices at the Agency~~, which~~ is underway only nine months after the first OLAF investigation was closed~~, demonstrates the need for change in the culture of the Agency~~;

Amendment 43 #

Paragraph 5

5. Expresses disappointment that, during the appointment procedure and unknown to Members of Parliament, one of the candidates proposed for the post of executive director of the Agency was a person of interest in the second ongoing OLAF investigation;deleted

Amendment 44 #

Paragraph 5

5. Expresses ~~disappoint~~astonishment that, during the appointment procedure and unknown to Members of Parliament, one of the candidates proposed for the post of executive director of the Agency was a person of interest in the second ongoing OLAF investigation; underlines, however, the importance of the principle of presumption of innocence;

Amendment 45 #

Paragraph 5

5. Expresses disappointment that, during the appointment procedure and unknown to Members of Parliament, one of the candidates proposed for the post of executive director of the Agency was a person of interest in the second ongoing OLAF investigationits commitment to the principle of secrecy of ongoing investigations and to the guarantee of the presumption of innocence;

Amendment 46 #

Paragraph 5

5. Expresses disappointment that, during the appointment procedure and unknown to Members of Parliament, ~~one of the candidates proposed~~the interim Executive Director and proposed candidate for the post of executive director of the Agency was a person of interest in the second ongoing OLAF investigation;

Amendment 47 #

Paragraph 6

6. Draws attention to the fact that the Commission, the Management Board and OLAF failed to share this information with Parliament despite the Frontex Scrutiny Working Group (FSWG) highlighting how arguments related to confidentiality had hampered democratic control by Parliament and despite the FSWG’s specific request that the Commission keep it regularly informed of any activities or initiatives that might have an impact on fundamental rights; takes the view that this failure constitutes a breach of the principle of mutual and sincere cooperation which governs relationships between institutions, agencies, bodies and offices of the Union;deleted

Amendment 48 #

Paragraph 6

6. Draws attention to the fact that the Commission, the Management Board and OLAF failed to share this information with Parliament despite the Frontex Scrutiny Working Group (FSWG) highlighting how arguments related to confidentiality had hampered democratic control by Parliament and despite the FSWG’s specific request that the Commission keep it regularly informed of any activities or initiatives that might have an impact on fundamental rights; takes the view that this failure constitutes a breach of the principle of mutual and sincere cooperation which governs relationships between institutions, agencies, bodies and offices of the Unionnecessary democratic scrutiny exercised by Parliament must comply with these principles;

Amendment 49 #

Paragraph 7 – introductory part

7. Recognises the efforts made by the Agency to implement 36 out of 42 FSWG recommendations and the tangible progress made in this respect; ~~recommends, on the basis of the FSWG recommendations, that the following further specific actions be taken:~~

Amendment 5 #

Citation 23 a (new)

– whereas sources from within European Border and Coast Guard Agency confirmed that NGO’s rescue ships are one of the migration ‘pull factors’; whereas confidential reports issued by Frontex flag concerns over NGO's interaction with migrant smugglers;

Amendment 50 #

Paragraph 7 – indent 1

– The Agency should ensure that the FRO is consulted earlier on in the process of developing operational plans, is granted sufficient time for giving his or her opinions and is equipped with established methods and channels to escalate if his or her opinion is ignored;deleted

Amendment 51 #

Paragraph 7 – indent 1

– The Agency should ensure that the FRO is consulted earlier on in the process of developing operational plans~~, is granted sufficient time for giving his or her opinions and is equipped with established methods and channels to escalate if his or her opinion is ignored~~;

Amendment 52 #

Paragraph 7 – indent 1

– The Agency should ensure that the FRO is consulted earlier on in the process of developing operational plans, is granted sufficient time for giving his or her opinions ~~and is equipped with established methods and channels to escalate if his or her opinion is ignored~~;

Amendment 53 #

Paragraph 7 – indent 1

– The Agency should ensure that the FRO is consulted earlier on in the process of developing operational plans, is granted sufficient time for giving his or her opinions ~~and is equipped with established methods and channels to escalate if his or her opinion is ignored~~;

Amendment 54 #

Paragraph 7 – indent 2

– A transparent reporting mechanism should be integrated into every operational plan in which the host Member State includes assets used in the operational area, regardless of the way these are financed; operational plans should also guarantee that Frontex teams have access to all assets, relevant information and locations within the operational area; acknowledges that the Agency cannot achieve these outcomes alone as they require the consent of the Member States in question;deleted

Amendment 55 #

Paragraph 7 – indent 2

– A transparent reporting mechanism should be integrated into every operational plan in which the host Member State includes assets used in the operational area, regardless of the way these are financed; operational plans should also guarantee that Frontex teams have access to all assets participating in joint operations coordinated by the Agency, relevant information and locations within the operational area, while conforming with applicable limitations posed by the host Member State due to national security reasons; acknowledges that the Agency cannot achieve these outcomes alone as they require the consent of the Member States in question;

Amendment 56 #

Paragraph 7 – indent 2

– A transparent reporting mechanism should be integrated into every operational plan in which the host Member State includes assets used in the operational area, regardless of the way these are financed; operational plans should also guarantee that Frontex teams have access to all assets, relevant information and locations within the operational area; acknowledges that the Agency cannot achieve these outcomes alone as they requireacknowledges that the Agency must obtain the consent of the Member States in question;

Amendment 57 #

Paragraph 7 – indent 3

~~– Formal guarantees should be established to ensure that rules and safeguards on whistleblower protection are applicable to seconded national experts, trainees, interim staff and local agents;~~deleted

Amendment 58 #

Paragraph 7 – indent 3

~~– Formal guarantees should be established to ensure that rules and safeguards on whistleblower protection are applicable to seconded national experts, trainees, interim staff and local agents;~~deleted

Amendment 59 #

Paragraph 7 – indent 3

– Formal guarantees should be established to ensure that rules and safeguards on whistleblower protection are applicable to seconded national experts, trainees, and interim staff ~~and local agent~~, without prejudice to the applicable national rules and inquiry/judicial/investigative procedures;

Amendment 6 #

Recital A (new)

A. whereas in 2021 the FSWG was constituted within the LIBE Committee for the purpose of monitoring all aspects of the functioning of Frontex, including its reinforced role and resources for integrated border management, the correct application of the EU acquis and its execution of Regulations 2019/1896 and 656/2014;

Amendment 60 #

Paragraph 7 – indent 4

~~– The Agency should continue with the full implementation of the outstanding recommendations currently not deemed implemented by the Agency itself;~~deleted

Amendment 61 #

Paragraph 7 – indent 4

~~– The Agency should continue with the full implementation of the outstanding recommendations currently not deemed implemented by the Agency itself;~~deleted

Amendment 62 #

Paragraph 9

9. Reiterates its call for OLAF reports on the Agency to be made public in cases of overriding public interest in disclosure and, in all cases, for the relevant Members of Parliament to be given access to such reports within a reasonable period of time in order to allow them to effectively carry out democratic scrutiny and hold the Agency to account for its actions; believes that the current rules need to be revised to ensure that Parliament is fully informed in its role as policymaker and co-legislator, in particular regarding its budgetary powers;deleted

Amendment 63 #

Paragraph 9

9. ~~Reiterates its c~~Calls for OLAF reports on the Agency ~~to be made public in cases of overriding public interest in disclosure~~, which are merely preliminary documents and, in all cases, for the relevant Members of Parliament to be given access to such reports within a reasonable period of time in order to allow them to effectively carry out democratic scrutiny and hold the Agency to account for its actions; believes that the current rules need to bno way prejudge a court ruling, not to be made into political arguments to undermine the Agency’s credibility and the pre~~vised to ensure that Parliament is fully informed in its role as policymaker and co- legislator, in particular regarding its budgetary powers~~sumption of its staff’s innocence;

Amendment 64 #

Paragraph 9

9. ~~Reiterates its call for OLAF reports on the Agency to be made public in cases of overriding public interest in disclosure and, in all cases,~~While recognising that the EU Courts established a general presumption of non-disclosure of public access for documents pertaining to ongoing OLAF investigations,1a reiterates its call for the relevant Members of Parliament to be given confidential access to ~~such~~relevant reports ~~within a reasonable period of time~~into the Agency in order to allow them to effectively carry out democratic scrutiny and hold the Agency to account for its actions, in particular for politically important matters; believes that the current rules need to be revised to ensure that Parliament is fully informed in its role as policymaker and co-legislator, in particular regarding its budgetary powers; __________________ 1a The General Court has stated that the provisions concerning confidentiality in Regulation 883/2013 justify a general presumption of non-disclosure of documents related to OLAF’s investigations. The Court concluded that “generalised access, on the basis of Regulation No 1049/2001, to documents in OLAF’s file, while OLAF’s investigation procedure is still ongoing, would, in principle, undermine the effective conduct of the investigation”

Amendment 65 #

Paragraph 11

11. Encourages the chairpersons of the Management Board to continue inviting Parliament observers to its meetings and to consider extending the invitations to all agenda items, including in camera points, and to continue providing all supporting documents without exception and, if deemed necessary, in a confidential manner;deleted

Amendment 66 #

Paragraph 11

11. Encourages the chairpersons of the Management Board to continue inviting Parliament observers to its meetings to the best possible extent and to consider extending the invitations to all those agenda items~~, including in camera points~~ which are relevant to the functions of the Parliament, as provided for in the treaties and the EBCG Regulation, and to continue providing all the necessary supporting documents ~~without exception and, if deemed necessary, in a~~, taking into account the applicable confidential ~~manner~~ity rules;

Amendment 67 #

Paragraph 12

12. Acknowledges that the Agency ~~finally~~ has 46 fundamental rights monitors (FRMs) in place, despite the significant delay in complying with the requirements of the updated mandate; notes that 31 FRMs have been appointed at administrator (AD) level; continues to stress that those FRMs who were hired at the lower assistant (AST) grade should be upgraded to the higher AD level as soon possible through the appropriate procedures; points out that, based on the Agency’s updated mandate, the number of FRMs should continue to grow as the overall size of the standing corps increases; looks forward, in that regard, to receiving details of the Agency’s plans to increase the number of FRMs;

Amendment 68 #

Paragraph 12

12. Acknowledges that the Agency ~~finally~~ has 46 fundamental rights monitors (FRMs) in place~~, despite the significant delay in complying with the requirements of the updated mandate; notes that 31 FRMs have be~~; stresses that this number is sufficient appointed at administrator (AD) level; continues to stress that those FRMs who were hired at the lower assistant (AST) grade should be upgraded to the higher AD level as soon possible through the appropriate procedures; points out that, basednd insists that the focus of the Agency should be to hire staff which would perform the primary task onf the Aagency’s updated mandate, the number of FRMs should continue to grow as the overall size of the standing corps increases; looks forward, in that regard, to receiving details of the Agency’s plans to increase the number of FRMs namely the protection of the external borders of the EU;

Amendment 69 #

Paragraph 12

12. Acknowledges that the Agency ~~finally~~ has 46 fundamental rights monitors (FRMs) in place, despite the significant delay in complying with the requirements of the updated mandate; notes that 31 FRMs have been appointed at administrator (AD) level; ~~continues to stress that those FRMs who were hired at the lower assistant (AST) grade should be upgraded to the higher AD level as soon possible through the appropriate procedures;~~ points out that, based on the Agency’s updated mandate, the number of FRMs should continue to grow as the overall size of the standing corps increases; ~~looks forward, in that regard, to receiving details of the Agency’s plans to increase the number of FRMs;~~

Amendment 7 #

Recital B (new)

B. whereas the FSWG was mandated to carry out a fact finding investigation, gathering all relevant information and evidence regarding alleged violations of fundamental rights in which the Agency was involved in, was aware of and/or did not act, the Agency’s internal management, including procedures for reporting and handling of complaints; and transparency and accountability of the Agency towards the European Parliament; whereas the FSWG adopted its report in July 2021 which contained 42 specific recommendations to the Agency, the Management Board, the Commission, Member States and the Council;

Amendment 70 #

Paragraph 12

12. Acknowledges that the Agency finally has 46 fundamental rights monitors (FRMs) in place, despite the significant delay in complying with the requirements of the updated mandate; notes that 31 FRMs have been appointed at administrator (AD) level; continues to stress that those FRMs who were hired at the lower assistant (AST) grade should be upgraded to the higher AD level as soon possible through the appropriate procedures; points out that, based on the Agency’s updated mandate, the number of FRMs should continue to grow as the overall size of the standing corps increases; looks forward, in that regard, to receiving details of the Agency’s plans to increase the number of FRMs;

Amendment 71 #

Paragraph 12

12. Acknowledges that the Agency finally has 46 fundamental rights monitors (FRMs) in place, despite the significant delay in complying with the requirements of the updated mandate; notes that 31 FRMs have been appointed at administrator (AD) level; ~~continues to stress that those FRMs who were hired at the lower assistant (AST) grade should be upgraded to the higher AD level as soon possible through the appropriate procedures;~~ points out that, based on the Agency’s updated mandate, the number of FRMs should ~~continue to grow as~~follow the overall size of the standing corps increases; looks forward, in that regard, to receiving details of the Agency’s plans to increase the number of FRMs, accompanied by a methodology regarding the estimation of the necessary number of FRMs;

Amendment 72 #

Paragraph 13

13. Expresses severe concern regarding the serious and persistent allegations made against Greek authorities in relation to pushbacks and violence against migrants; is convinced that respect for the principles and values of the Union must be the condition sine qua non for Frontex to commit to a joint operation with a Member State; is further convinced that, should a Member State be unable to respect those principles and values, then the Agency should scale down and repurpose its operations towards monitoring activities in the light of Article 46 of its mandate, while maintaining its presence on the ground in order not to leave a vacuum; regrets that the Agency has so far refrained from scaling down or repurposing its operations in Greece;deleted

Amendment 73 #

Paragraph 13

13. ~~Expresses severe concern regarding the serious and persistent allegations made against Greek authorities in relation to pushbacks and violence against migrants; i~~Is convinced that respect for the principles and values of the Union must be the condition ~~sine qua non~~ for Frontex to commit to a joint operation with a Member State; is further convinced that, should a Member State be unable to respect those principles and values, then the Agency should scale down and repurpose its operations towards monitoring activities in the light of Article 46 of its mandate, while maintaining its presence on the ground in order not to leave a vacuum; regrets that the Agency has so far refrained from scaling down or repurposing its operations in Greece;

Amendment 74 #

Paragraph 13

13. ~~Exp~~Stresses ~~severe concern regarding the serious and persistent allegations made against Greek authorities in relation to pushbacks and violence against migrants; is convin~~that with regards to Frontex operational presence in Greeced, that respect for the principles and values of the Union must be the condition sine qua non for Frontex to commit to a joint operation with a Member State; is further convinced that, should a Member State be unable to respect those principles and values, then the Agency should scale down and repurpose its operations towards monitoring activities in the light of Article 46 of its mandate, while maintaining its presence on the ground in order not to leave a vacuum; regrets that the Agency has so far refrained from scaling down or repurposing its operations in Greecee Agency created a working group to prepare assessments, which concluded not to trigger Article 46 but proposed improvement measures to the Greek authorities;

Amendment 75 #

Paragraph 13

13. Expresses severe concern regarding the serious and persistent allegations made against Greek authorities in relation to pushbacks and violence against migrants; is convinced that respect for the principles and values of the Union must be the condition sine qua non for Frontex to commit to a joint operation with a Member State; is further convinced that, should a Member State be unable to respect those principles and values, then the Agency should scale down and repurpose its operations towards monitoring activities in the light of Article 46 of its mandate, while maintaining its presence on the ground in order not to leave a vacuum; regrets that the Agency has so far refrained from scaling down or repurposing its operations in Greece; urges the Executive Director to suspend operations in Greece, at least until significant improvements in the area of fundamental rights are made by the Hellenic authorities, in line with FRO recommendations in September 2022;

Amendment 76 #

Paragraph 13

13. Expresses severe concern regarding the serious and persistent allegations made against Greek authorities in relation to pushbacks and violence against migrants; is convinced that respect for the principles and values of the Union must be the condition sine qua non for Frontex to commit to a joint operation with a Member State; is further convinced that, should a Member State be unable to respect those principles and values, then the Agency should scale down and repurpose its operations towards monitoring activities in the light of Article 46 of its mandate~~, while~~; recognises the FRO’s opinion that maintaining ~~its~~a Frontex presence on the ground ~~in order not to leave a vacuum~~may contribute to upholding the fundamental rights during a joint operation; regrets that the Agency ~~has so far~~ refrained from ~~scaling down or repurposing its operations in Greece;~~ repurposing its operations in Greece so far, in order to avoid serious violations of fundamental rights or international protection obligations from taking place ;

Amendment 77 #

Paragraph 13

13. Expresses severe concern regarding the serious and persistent allegations made against Greek authorities in relation to pushbacks and violence against migrants; is convinced that respect for the principles and values of the Union must be the condition sine qua non for Frontex to commit to a joint operation with a Member State; is further convinced that, should a Member State be unable to respect those principles and valuat the difficulties encountered by the Greek authorities in dealing with the mass influx of migrants; is convinced that respect for the principles and values of the Union must be taken into account whenever Frontex conducts a joint operation with a Member State; takes the view that that allegations of misconduct must be investigated in a manner in keeping with the rule of law; stresses, thenat the Agency should neither scale down ~~and~~nor repurpose its operations towards monitoring activities in the light of Article 46 of its mandate, while maintaining its presence on the ground in order not to leave a vacuum; regrets that the Agency has so far refrained from scaling down or repurposing its operations in Greecuntil such time as there is evidence of serious and systemic misconduct in a Member State;

Amendment 78 #

Paragraph 13

13. Expresses severe concern regarding the serious and persistent allegations made against Greek authorities in relation to pushbacks and violence against migrants; is convinced that respect for the principles and values of the Union must be the condition sine qua non for Frontex to commit to a joint operation with a Member State; is further convinced that, should a Member State be unable to respect those principles and values, then the Agency should scale down and repurpose its operations towards monitoring activities in the light of Article 46 of its mandate, while maintaining its presence on the ground in order not to leave a vacuum; ~~regrets that the Agency has so far refrained from scaling down or repurposing its operations in Greece;~~

Amendment 79 #

Cornelia ERNST

Paragraph 13 a (new)

13a. Notes the legal actions against the Agency initiated at the CJEU, on behalf of victims who had sought protection in Greece; notes that the CJEU was requested to determine whether the Agency failed to act in accordance with Article 46(4) of Regulation (EU) 2019/1896 by refraining from taking the decision to withdraw the financing of all or of part of its activities in the Aegean Sea region, to suspend those activities or to terminate them in whole or in part; calls on the Agency to provide to the European Parliament all relevant documentation in this regard, including the FRO opinion of 1st September 2022, SIRs from 2021, 2022 and 2023 as well as information about the investigation into the case of the Agency’s cultural mediator that was forcibly expelled to Turkey with at least 130 third-country nationals, as reported in November 2021 to the management board;

Amendment 8 #

Tineke STRIK, Cornelia ERNST

Recital C (new)

C. whereas in response to the FSWG report, the Agency and its Management Board have made efforts to implement the recommendations of FSWG and have reported that they have implemented 36 FSWG recommendations to date; whereas a limited number of recommendations are still pending including those relating to Frontex operations in Greece and Hungary, better whistle-blower protection, exceptional reporting under the Serious Incident Reports mechanism, communication with national governments, adequate handling of allegations of fundamental rights violations by Member States.

Amendment 80 #

Paragraph 13 a (new)

13a. Takes note of the own-initiative inquiry launched by the EU ombudsman aimed at clarifying Frontex’s role in search and rescue operations in the Mediterranean Sea following the drowning of hundreds of people off the coast of Greece on 14 June; expects the Agency to ensure full cooperation during the inquiry, including access to its assets if requested;

Amendment 81 #

Tineke STRIK, Cornelia ERNST

Paragraph 13 b (new)

13b. Is concerned about the number of reports about serious incidents coming from Bulgaria as also highlighted by the FRO in the 36th report to the MB; calls upon the Agency to raise the FRO’s concerns with the Bulgarian authorities, urging for short-term improvement of the situation and the suspension of border management’s support in case no significant changes are shown;

Amendment 82 #

Paragraph 14

14. Welcomes the Agency’s decision to scale down its activities in Lithuania in July 2022 in the light of the judgment of the Court of Justice of the European Union (CJEU) on 30 June 2022 as regards the Lithuanian law and decrees on asylum and migration; notes that the Agency still has officers on the ground supporting national authorities with border checks at selected border crossing points and assisting return-related activities in Lithuania; recommends that the Agency take a more proactive approach to protecting the Union’s principles and values rather than await CJEU rulings; __________________ 10 Judgment of the Court of Justice of 30 June 2022, M.A. v Valsybès sienos apsaugos tarnyba, C-72/22PPU, ECLI:EU:C:2022:505.deleted

Amendment 83 #

Paragraph 14

14. ~~Welcom~~Notes the Agency’s decision to scale down its activities in Lithuania in July 2022 in the light of the judgment of the Court of Justice of the European Union (CJEU) on 30 June 2022 as regards the Lithuanian law and decrees on asylum and migration; ~~note~~Is pleased to stress that the Agency still has officers on the ground supporting national authorities with border checks at selected border crossing points and assisting return- related activities in Lithuania; ~~recommends that the Agency take a more proactive approach to protecting the Union’s principles and values rather than await CJEU rulings;~~ __________________ 10 Judgment of the Court of Justice of 30 June 2022, M.A. v Valsybès sienos apsaugos tarnyba, C-72/22PPU, ECLI:EU:C:2022:505.

Amendment 84 #

Paragraph 14

14. ~~Welcome~~Regrets the Agency’s decision to scale down its activities in Lithuania in July 2022 in the light of the judgment of the Court of Justice of the European Union (CJEU) on 30 June 2022 as regards the Lithuanian law and decrees on asylum and migration10 ; ~~notes~~welcomes the fact that the Agency still has officers on the ground supporting national authorities with border checks at selected border crossing points and assisting return- related activities in Lithuania; ~~recommends that the Agency take a more proactive approach to protecting the Union’s principles and values rather than await CJEU rulings;~~ __________________ 10 Judgment of the Court of Justice of 30 June 2022, M.A. v Valsybès sienos apsaugos tarnyba, C-72/22PPU, ECLI:EU:C:2022:505.

Amendment 85 #

Paragraph 14

14. Welcomes the Agency’s decision to scale down its activities in Lithuania in July 2022 in the light of the judgment of the Court of Justice of the European Union (CJEU) on 30 June 2022 as regards the Lithuanian law and decrees on asylum and migration10 ; notes that the Agency still has officers on the ground supporting national authorities with border checks at selected border crossing points and assisting return- related activities in Lithuania; recommends that the Agency take a more ~~proactive~~cautious approach to protecting the Union’s principles and values ~~rather than awai~~, taking into account CJEU rulings; __________________ 10 Judgment of the Court of Justice of 30 June 2022, M.A. v Valsybès sienos apsaugos tarnyba, C-72/22PPU, ECLI:EU:C:2022:505.

Amendment 86 #

Paragraph 14

14. Welcomes the Agency’s decision to scale down its activities in Lithuania in July 2022 in the light of the judgment of the Court of Justice of the European Union (CJEU) on 30 June 2022 as regards the Lithuanian law and decrees on asylum and migration10 ; notes that the Agency still has officers on the ground supporting national authorities with border checks at selected border crossing points and assisting return- related activities in Lithuania; recommends that the Agency take a ~~more proactive~~strategic approach to protecting the Union’s principles and values ~~rather than awa~~in line with CJEU rulings; __________________ 10 Judgment of the Court of Justice of 30 June 2022, M.A. v Valsybès sienos apsaugos tarnyba, C-72/22PPU, ECLI:EU:C:2022:505.

Amendment 87 #

Paragraph 15

15. Recalls that, although the Agency withdrew from operations in Hungary in January 2021 following a clear CJEU ruling in December 202011, it continues to support Hungarian authorities in carrying out returns; reiterates the FSWG’s calls on the executive director to immediately suspend support for return-related operations from Hungary; __________________ 11 Judgment of the Court of Justice of 17 December 2020, Commission v Hungary, C-808/18, ECLI:EU:C:2020:1029.Welcomes the fact that the Agency continues to support Hungarian authorities in carrying out returns;

Amendment 88 #

Paragraph 15

15. Recalls that, although the Agency withdrew from operations in Hungary in January 2021 following a clear CJEU ruling in December 202011, it continues to support Hungarian authorities in carrying out returns; reiterates the FSWG’s calls on the executive director to immediately suspend support for return-related operations from Hungary; __________________ 11 Judgment of the Court of Justice of 17 December 2020, Commission v Hungary, C-808/18, ECLI:EU:C:2020:1029.Welcomes the fact that the Agency continues to support Hungarian authorities in carrying out returns; takes the view that that this support, which is essential for protecting the common external borders, must not be suspended;

Amendment 89 #

Paragraph 15

15. Recalls that, although the Agency withdrew from operations in Hungary in January 2021 following a clear CJEU ruling in December 202011 , it continues to support Hungarian authorities in carrying out returns; ~~reiterates the FSWG’s calls on the executive director to immediately suspend support for return-related operations from Hungary;~~ __________________ 11 Judgment of the Court of Justice of 17 December 2020, Commission v Hungary, C-808/18, ECLI:EU:C:2020:1029.

Amendment 9 #

Recital D (new)

D. whereas the OLAF report of 15 February 2022 on investigations into Frontex revealed serious misconduct and other irregularities by three individuals employed by the Agency, including the former Executive Director, as well as three other key issues, namely the fact that the FRO was prevented from accessing operational information, the fact that the FRO was not assigned as case handler for reports on serious incidents with alleged violations of fundamental rights, and the fact that staff members who reported serious incidents to the hierarchy were ignored by the individuals investigated by OLAF; whereas there was a long delay for Members of the Parliament and the FRO to be granted access to the OLAF report; whereas the decision not to make the OLAF report on Frontex' activities promptly available to Parliament, affected the powers of democratic scrutiny over the Agency’s responsibilities for fundamental rights violations; whereas - despite multiple requests - based on legal concerns related to the procedural rights of the persons of interest, the report was not made public until 31.10.22 whereas two additional OLAF reports are expected to be presented this year in relation to Frontex;

Amendment 90 #

Paragraph 15

15. Recalls that, although the Agency withdrew from operations in Hungary in January 2021 following a clear CJEU ruling in December 202011 , it continues to support Hungarian authorities in carrying out returns; ~~reiterates the FSWG’s calls on the executive director to immediately suspend support for return-related operations from Hungary;~~ __________________ 11 Judgment of the Court of Justice of 17 December 2020, Commission v Hungary, C-808/18, ECLI:EU:C:2020:1029.

Amendment 91 #

Paragraph 15

15. Recalls that, although the Agency withdrew from operations in Hungary in January 2021 following a clear CJEU ruling in December 202011 , it continues to support Hungarian authorities in carrying out returns; reiterates the FSWG’s calls on the executive director to immediately ~~suspend~~reassess support for return-related operations from Hungary; __________________ 11 Judgment of the Court of Justice of 17 December 2020, Commission v Hungary, C-808/18, ECLI:EU:C:2020:1029.

Amendment 92 #

Cornelia ERNST

Paragraph 15 a (new)

15a. Welcomes that the FRO started to monitor FRONTEX aerial surveillance in the Central Mediterranean and its compliance with fundamental rights. Notes that the FRO issued an opinion in June 2022 and a second opinion in 2023; calls on the Agency to provide to the European Parliament access to both opinions; points that the direct transmission of information to the Libyan coast guards in order for the persons to be intercepted at sea, including when boats are in Member States international waters, is making the Agency’s complicit of crimes that are then perpetrated against the people pulled back to Libya; points that in 2021, according to Human rights watch, Frontex facilitated Libyan Coast Guard operations that resulted in the forced return of approximately 10,000 people.1a __________________ 1a https://www.hrw.org/news/2022/12/12/euf rontex-complicit-abuse-libya

Amendment 93 #

Paragraph 15 a (new)

15a. Points to the importance of the Agency's support to Member States in managing the EU’s external borders and tackling cross-border crime; underlines in this regard that Frontex is a hub of expertise for border control activities, sharing intelligence and knowledge with all EU Member States and neighbouring countries affected by illegal migration and cross-border crime; acknowledges the fact that each operation is based on risk analysis and uniquely tailored to the circumstances identified by Frontex in its risk analysis;

Amendment 94 #

Paragraph 16

16. Notes the Agency’s mandate to provide better situational awareness in the maritime domain and to transmit that information to the relevant authorities regarding competence for search and rescue operations; reiterates the obligation under the international law of the sea to render assistance to persons found in distress at sea; notes that Regulation (EU) No 656/2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by Frontex lays down the rules for the Agency’s involvement in search and rescue operations; ~~underlines that the Agency could do more to increase the capacity of the EU and Member States to carry out search and rescue operations, notably by investing in appropriate assets for such operations;~~

Amendment 95 #

Paragraph 16

16. Notes the Agency’s mandate to provide better situational awareness in the maritime domain and to transmit that information to the relevant authorities regarding competence for search and rescue operations; reiterates the obligation under the international law of the sea to render assistance to persons found in distress at sea; notes that Regulation (EU) No 656/2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by Frontex lays down the rules for the Agency’s involvement in search and rescue operations; ~~underlines that the Agency could do more to increase the capacity of the EU and Member States to carry out search and rescue operations, notably by investing in appropriate assets for such operations;~~

Amendment 96 #

Paragraph 16

16. Notes the Agency’s mandate to provide better situational awareness in the maritime domain and to transmit that information to the relevant authorities regarding competence for search and rescue operations; reiterates the obligation under the international law of the sea to render assistance to persons found in distress at sea; notes that Regulation (EU) No 656/2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by Frontex lays down the rules for the Agency’s involvement in search and rescue operations; ~~underlines that the Agency could do more to increase the capacity of the EU and Member States to carry out search and rescue operations, notably by~~ notes the difficulties faced by the coast guard agents and the lack of cooperation from neighbouring countries and advocates for solutions to end the businves~~ting in appropriate assets for such operation~~s model of human traffickers and human smugglers to save more lives;

Amendment 97 #

Paragraph 16

16. Notes the Agency’s mandate to provide better situational awareness in the maritime domain and to transmit that information to the relevant authorities regarding competence for search and rescue operations; reiterates the obligation under the international law of the sea to render assistance to persons found in distress at sea and take them to the nearest safe port; notes that Regulation (EU) No 656/2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by Frontex lays down the rules for the Agency’s involvement in search and rescue operations; underlines that the Agency ~~could do more to increase the capacity of the EU and Member States to carry out search and rescue operations, notably by investing in appropriate assets for such operations~~’s mandate is first and foremost to protect the Union’s external borders and not to carry out search and rescue missions at sea;

Amendment 98 #

Paragraph 17

17. Notes that Parliament has previously taken the view that a permanent, robust and effective Union response in search and rescue operations at sea is crucial to prevent the death toll of migrants attempting to cross the Mediterranean Sea from escalating12 ; remains convinced that the Agency could have a key role to play in a more proactive response by the EU and Member States to search and rescue, particularly in the Mediterranean Sea, and to the fight against criminal smugglers and human traffickers; __________________ 12 European Parliament resolution of 12 April 2016 on the situation in the Mediterranean and the need for a holistic EU approach to migration, OJ C 58, 15.2.2018.deleted

Amendment 99 #