FINAL COMPROMISE AMENDMENTS DISCHARGE 2020
Frontex -2021/2146(DEC)
AMs: 48
Covered: AM 1 Greens, AM 2 Greens (partially), AM 4 Renew, AM 5 Renew, AM 6 Renew,
AM 7 EPP, AM 8 The Left, AM 9 Renew, AM 10 The Left, AM 11 Greens, AM 13 EPP, AM
14 Greens, AM 15 Greens, AM 18 EPP, AM 19 The Left, AM 21 Renew, AM 23 Greens, AM
28 Greens, AM 29 The Left AM 30 EPP, AM 32 Greens, AM 33 ECR (partially), AM 35
Renew, AM 38 EPP, AM 40 S&D, AM 42 S&D, AM 43 EPP, AM 44 EPP, AM 46 S&D, AM
47 S&D, AM 48 EPP
Fall: AM 3 The Left, AM 12 ID, AM 16 ID, AM 17 ECR, AM 20 EPP, AM 25 EPP, AM 26
ECR, AM 27 ID, AM 34 ID, AM 41 Greens
Not covered in the compromise amendments: AM 22 The Left, AM 24 The Left, AM 31 ECR,
AM 36 Greens, AM 37 ECR, AM 39 The Left, AM 45 Greens
Update: 8/02/2022
CA 1
Covered: AM 1 Greens, AM 2 Greens (partially), AM 4 Renew, AM 23 Greens
Fall: AM 3 The Left
1.
Welcomes the fact that the Court of Auditors (the ‘Court’) has declared the transactions
underlying the annual accounts of the European Border and Coast Guard Agency (the
‘Agency’) for the financial year
2020 to be legal and regular in all material aspects; notes that
the budget of the Agency was increased from EUR 446 million to EUR 495 million (+ 11 %);
takes note of the increase in the Agency's staff in 2020 from 749 to 1 234 (+ 64,8 %);
recalls
that the budget of the Agency increased from EUR 118 million in 2011 to EUR 460 million
in 2020, and to an annual average of EUR 900 million for the 2021-2027 period (AM 1
Greens);
1 a (new)
Notes that the Union funding to the Agency increased by EUR 10 million by
means of Amending budget No 1/2020; deplores that that amount was not visible in the EPP:
Agrees
budgetary accounts of the Agency; (AM 4 Renew) agrees with the Court opinion that
this reduces transparency as it makes it harder to see how much Union funding was available
to the Agency in 2020 and how that amount changed over time(AM 23 Greens); emphasises
the need to ensure transparency as a priority (AM 4 Renew);
CA 2
Covered: AM 5 Renew, AM 7 EPP, AM 8 The Left; AM 38 EPP
1 b (new)
Notes the Court's remark that in one case a national authority conducted two
unannounced return operations, costing EUR 355 000 overall, which resulted in a sudden
budgetary deficit for the Agency; notes that as a result, the Agency was forced to make an
ex-post budgetary commitment, (AM 38 EPP) in violation of the Agency's financial
regulation (AM 5 Renew);
2.
Notes the ongoing actions of the Agency on the observations of the Court
; notes that
the Agency has created an action plan to address identified shortcomings; calls on the
Agency to continue undertaking corrective actions, including the adoption and implementation
of a sensitive posts policy in line with its own internal control standards, drafting a business
continuity plan and obtaining the approval of its management board, addressing the risk of
double funding from the Internal Security Fund and addressing the
high (AM 8 The Left) level
of carry-overs; calls however on the Agency to step up its efforts into reaching the required
occupancy levels laid down in the staff establishment plan; welcomes the corrective steps taken
by the Agency to address the issue of reimbursements to cooperating countries without the
necessary supporting documentation;
calls on the Agency to inform the discharge authority
about the progress made on those matters; (AM 7 EPP)
CA 2A (previous CA 8)
Covered: AM 9 Renew, AM 43 EPP
2 a (new)
Acknowledges that the Agency has adopted a new process to increase
transparency and equal opportunities by streamlining industry dialogues (AM 43 EPP)
through the establishment and operationalisation of the Agency's transparency register, thus
addressing Parliament’s recommendation from the 2019 discharge resolution (AM 9
Renew); calls on the Agency to comply with the highest standards of transparency and to
have the transparency register regularly updated (AM 43 EPP);
CA 2B (previous CA 9)
Covered AM 21 Renew, AM 44 EPP
2 b (new)
Notes the Court's remark that the Agency asked the Commission on 1
September 2020 for permission to upgrade 100 AST posts into advanced-level posts (AD7 or
higher); regrets that the Agency, in anticipation of the Commission's reply, on 9 September
2020 sent out 47 offers to advanced-level candidates which consequently had to be
withdrawn because the Agency did not have legal authority for such an action (AM 44 EPP),
exposing the Agency at an unnecessary risk of reputational damage and litigation (AM 21
Renew); calls on the Agency to ensure principle of legality in all its activities (AM 44 EPP);
recalls however that the allocation of posts at the appropriate grade is essential for the
optimal functioning of the Agency (AM 21 Renew); calls on the Agency and the Commission
to improve mutual communication (AM 44 EPP), taking into consideration the specifics of
the operational nature of the Agency and ensure that future posts are allocated at the
appropriate grade corresponding to the post requirements (AM 21 Renew);
CA 2C (previous CA 7)
Covered: AM 35 Renew, AM 48 EPP
2 c (new)
Notes the gender balance reported for 2020 at senior management level with
15 men (75 %) and 5 women (25%) and at the level of the management board with 50 men
(83,3 %) and 10 women (16,7 %); notes that the staff overall is composed of 870 men (70,5
%) and 364 women (29,5 %) (AM 48 EPP); underlines that the responsibility of nominating
members of the Agency's management board lies with national authorities; calls, therefore,
on the Agency to remind Member States proactively of the importance of gender balance and
calls on Member States to ensure gender balance when nominating their members to
Agency's management board; urges that that imbalance be addressed and remedied as soon
as possible (AM 35, Renew);
CA 3
Covered: AM 10 The Left, AM 11 Greens, AM 13 EPP, AM 14 Greens
Fall: AM 12 ID
3.
Recalls of the fact that the European Anti-Fraud Office has initiated an investigation on
the Agency
over allegations of harassment, misconduct and migrant pushbacks (AM 10 The
Left, AM 11 Greens);
notes that according to the Agency’s reply, it is fully committed and
cooperates closely with the European Anti-Fraud Office (AM 13 EPP);underlines that the
outcome of the investigation was still pending by early
February 2022; reminds that the
Ombudsman conducted two own-initiative inquiries into the
effectiveness and transparency
of the complaints mechanism of the Agency and on
the role and independence of the
fundamental rights officer, as well as into the compliance by the Agency with its fundamental
rights obligations
and its ability to ensure accountability; recalls that the Ombudsman’s first
inquiry was followed by nine suggestions for improvement to the Agency, including
suggestions on how to make it easier for potential victims of fundamental rights violations
to be aware of redress possibilities and to report incidents; (AM 11 Greens) notes that the
Ombudsman’s second inquiry, concluded on 17 January 2022, was followed by a new series
of suggestions to Frontex, with a view to improving its accountability;1 notes the findings of
the Court in its special report 08/2021 entitled ‘Frontex's support to external border
management: not sufficiently effective to date’; recalls of the
recommendations of the
Parliament’s Frontex Scrutiny Working Group
as laid down in its Report on the fact-finding
investigation on Frontex concerning alleged fundamental rights violations and the
conclusions of the 13 internal inquiries by
the Agency’s management board;
notes the
Agency’s report on the implementation of the conclusions of the extraordinary management
board meeting of 6 October 2021 which reflects the 71 recommendations received from the
aforementioned reports and audits
, which subsequently were translated by the Agency into
115 actions;; calls on the Agency to take all necessary measures towards implementing all the
remaining recommendations and to report to the discharge authority over the progress
achieved;
stresses in that context the need for a full clarification of alleged violations of
fundamental rights at the external borders (AM 47 S&D);
3 a.
Notes that Parliament’s Frontex Scrutiny Working Group (FSWG) "did not find
conclusive evidence on the direct performance of pushbacks and/or collective expulsions by
Frontex in the serious incident cases that could be examined by the FSWG", but concluded
"that the Agency found evidence in support of allegations of fundamental rights violations
in Member States with which it had a joint operation, but failed to address and follow-up on
these violations promptly, vigilantly and effectively"; notes that the "Agency also failed to
adequately respond to internal observations about certain cases of probable fundamental
rights violations in Member States" and "that Frontex generally disregarded" reports from
"several reliable actors"; notes that the FSWG “found deficiencies in Frontex’s
mechanisms to monitor, report and assess fundamental rights situations and developments,
and makes concrete recommendations for improvement", but "also identified gaps in the
framework of cooperation with Member States, which may hamper the fulfilment of
1
European Ombudsman, Decision of 17 January 2022 in OI/4/2021/MHZ on how the European Border and
Coast Guard Agency (Frontex) complies with its fundamental rights obligations and ensures accountability in
relation to its enhanced responsibilities.
Frontex’s fundamental rights obligations"; notes that the FSWG expressed concern "about
the lack of cooperation of the Executive Director to ensure compliance with some of the
provisions of the EBCG Regulation, notably on fundamental rights"; notes that the "FSWG
takes the position that the Management Board should have played a much more proactive
role in acknowledging the serious risk of fundamental rights violations and in taking action
to ensure that Frontex fulfils its negative and positive fundamental rights obligations as
enshrined in the Regulation"; notes that the FSWG welcomes the new internal procedures
and rules developed by the Agency in the months preceding the report to comply with the
Regulation but urges the executive director and the management board "to further increase
the fundamental rights compliance of the Agency by reconsidering its internal structures
and communication, as well as the cooperation with the host Member States"; notes that the
FSWG “highlights the responsibility of the Member States and the Commission, outside
their role in the Management Board as well"; (AM 14 Greens)
CA 3A (previous CA 6)
Covered: AM 32 Greens, AM 33 ECR (partially), AM 40 S&D
Fall: AM 34 ID
6.
Notes that an analysis of respect for fundamental rights by the Agency was not included
in the scope of the Court’s special report 08/2021
entitled ‘Frontex' support to external border
management: not sufficiently effective to date’ (AM 33 ECR); asks the Court to carry out a
specific audit
about the Agency’s activities regarding the respect for and the protection of
fundamental rights in future
reports (AM 32, Greens); calls the Agency to swiftly implement
recommendation 5 of the Court’s special report, respecting the indicated timeline set out
therein;
remains concerned that some weaknesses identified in the Court's special report
08/2021 remain present (AM 40 S&D);
CA 4
Covered: AM 15 Greens, AM 18 EPP, AM 19 The Left, AM 42 S&D (partially)
Fall: AM 16 ID, AM 17 ECR, AM 20 EPP
4.
Acknowledges the Agency’s efforts following
the Parliament’s
recommendations
made in the first and the second discharge
report for the financial year 2019; recalls the
conditions formulated in the second discharge report of the Agency for the financial year
2019
for release of a budgetary reserve; reminds that this reserve was not made in the budget
of the Agency for 2022 (AM 18 EPP )asks nevertheless the Agency to
inform the discharge
authority on the progress made towards
fulfilling the six conditions formulated in that report,
namely: (1) the recruitment of the fundamental rights officer, who took office on 1 June 2021,
and the appointment of the first 20 fundamental rights monitors; regrets the fact that 15 of those
appointments were made at AST level; reiterates that Regulation (EU) 2019/1896 provides for
the recruitment of at least 40 fundamental rights monitors by 5 December 2020;
deplores that
the Agency is still unable to fulfil that requirement; (AM 42 S&D) urges the Agency to swiftly
recruit the remaining 20 fundamental rights monitors and to appoint them at AD level; deeply
regrets the delay in the recruitment of the fundamental rights monitors
and recalls that this
poses a serious risk to operations and reputation of the Agency;
deplores the fact that that the
fundamental rights officer still lacks adequate human resources to properly conduct the
tasks that he is entrusted with; urges the Agency to provide its fundamental rights officer
with adequate resources and staff, in particular in relation to further developing and
implementing the Agency’s strategy to monitor and ensure the protection of fundamental
rights (AM 15 Greens, AM 19 The Left);
welcomes the cooperation between the Agency and
the European Union Agency for Fundamental Rights towards completing the recruitment of
the
remaining fundamental rights monitors; (2) the appointment of the three deputy executive
directors in 2021; (3) the update of the Standard Operating Procedure for Serious Incident
Reporting in May 2021;
(4) the adoption by the Agency’s management board of a detailed
procedure for the implementation of Article 46 of Regulation (EU) 2019/1896; (5) the
establishment of a fully functioning fundamental rights monitoring system, in line with
Article 110 of Regulation (EU) 2019/1896 and (6) the implementation of recommendation 5
of the Court’s Special Report 08/2021 by the end of 2021;
CA 5
Covered: AM 6 Renew, AM 28 Greens, AM 29 The Left, AM 30 EPP, AM 42 S&D (partially),
AM 46 S&D, AM 47 S&D
Fall: AM 25 EPP, AM26 ECR, AM 27 ID, AM 41 Greens
5.
Recalls that the Agency is mandated to control borders while ensuring that border
controls are conducted in accordance with the fundamental rights applicable in the Union,
including those enshrined in the Convention relating to the Status of Refugees, Regulation
(EU) 2016/3991a and Regulation (EU) 2019/1896; (AM 28 Greens) deeply regrets, in that
regard, that the Agency continues to carry out returns from Hungary (AM 46 S&D); regrets
the fact that the Agency has also still not established a detailed procedure for the
implementation of Article 46 of Regulation (EU) 2019/1896 (AM 42 S&D); notes, moreover,
the assessment of the Agency’s own fundamental rights officer that the Agency’s role in
supporting Member States implicated the Agency to some extent in their actions(AM 42
S&D); calls on the Agency to
immediately (AM 29 The Left) adopt such a procedure;
calls
on the Commission to support the Agency in that regard (AM 30 EPP);
calls on the Agency
to suspend its operations supporting return-related operations from Hungary as long as, and as
concluded by the Court of Justice of the European Union, the return decisions issued by the
Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of
Fundamental Rights of the European Union
;
5 a (new)
Reiterates that the increased competences and budget of the Agency need to
be accompanied with a corresponding increase in accountability and transparency; stresses
that the granting of discharge in respect of the implementation of the budget of the Agency
is conditional on such accountability and transparency, and especially on the Agency's
commitment to comply with Union law; (AM 6 Renew, AM 47 S&D)
_________________
1a Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March
2016 on a Union Code on the rules governing the movement of persons across borders
(Schengen Borders Code) (OJ L 77 23.3.2016, p. 1).
