### 6. access to the central repository for reporting and statistics referred to in article 39 of regulation (eu) 2019/818 shall be granted to eu-lisa , to the commission , to the [european union agency for asylum] and to the authorities designated by each member state in accordance with article 28(2). access may also be granted to authorised users of other justice and home affairs agencies if such access is relevant for the implementation of their tasks.’; ### 6. access to the central repository for reporting and statistics referred to in article 39 of regulation (eu) 2019/818 shall be granted to eu-lisa , to the commission and to the authorities designated by each member state in accordance with article 28(2). access may also be granted to authorised users of the relevant justice and home affairs agencies , in particular to the [european union agency for asylum] , to the european border and coast guard agency and to europol , if such access is relevant for the implementation of their tasks.


### 1. each member state shall take the biometric data of every applicant for international protection of at least six years of age during the screening as referred to in regulation (eu) xxx/xxx [screening regulation] or , where the biometric data could not be taken during the screening or where the applicant was not subject to screening , upon the registration of the application for international protection referred to in article 27 of regulation (eu) no xxx/xxx [asylum procedure regulation] and shall , as soon as possible and no later than 72 hours after the biometric data have been taken , transmit them together with the data referred to in article 12 (c) to (p) of this regulation to the central system and to the cir as appropriate in accordance with article 4(2). ### 1. each member state shall , in a protection-sensitive manner take the biometric data of every applicant for international protection of at least six years of age:


### 1. each member state shall take the biometric data of every applicant for international protection of at least six years of age during the screening as referred to in regulation (eu) xxx/xxx [screening regulation] or , where the biometric data could not be taken during the screening or where the applicant was not subject to screening , upon the registration of the application for international protection referred to in article 27 of regulation (eu) no xxx/xxx [asylum procedure regulation] and shall , as soon as possible and no later than 72 hours after the biometric data have been taken , transmit them together with the data referred to in article 12 (c) to (p) of this regulation to the central system and to the cir as appropriate in accordance with article 4(2). ### 1. each member state shall take the biometric data of every applicant for international protection of at least six years of age:


### 3. where requested by the member state concerned , the biometric data may also be taken and transmitted on behalf of that member state by members of the european border and coast guard teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with regulation (eu) 2019/1896 and regulation (eu) xxx/xxx [eu agency for asylum regulation]. ### 3. where requested by the member state concerned , the biometric and alphanumeric data may also be taken and transmitted on behalf of that member state by specifically trained members of the european border and coast guard teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with regulation (eu) 2019/1896 and regulation (eu) xxx/xxx [eu agency for asylum regulation].


### 3. where requested by the member state concerned , the biometric data may also be taken and transmitted on behalf of that member state by members of the european border and coast guard teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with regulation (eu) 2019/1896 and regulation (eu) xxx/xxx [eu agency for asylum regulation]. ### deleted


### 3. where requested by the member state concerned , the biometric data may also be taken and transmitted on behalf of that member state by members of the european border and coast guard teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with regulation (eu) 2019/1896 and regulation (eu) xxx/xxx [eu agency for asylum regulation]. ### 3. where requested by the member state concerned , the biometric and alphanumeric data may also be taken and transmitted on behalf of that member state by members of the european border and coast guard teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with regulation (eu) 2019/1896 and regulation (eu) xxx/xxx [eu agency for asylum regulation].


### 4. each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in article 4(6).’; ### 4. each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in article 4(6) and respecting the limitations established therein;


### only the following data shall be recorded in the central system and in the cir as appropriate: ### only the following data shall be recorded in the central system or in the cir , as appropriate , in accordance with article 4(2):


### only the following data shall be recorded in the central system and in the cir as appropriate: ### only the following data shall be recorded in the central system and in the cir , as appropriate , in accordance with article 4(2):


### date on which the data were transmitted to the central system and to the cir as appropriate; ### the date on which the data were transmitted to the central system and to the cir , as appropriate , in accordance with article 4(2):


### the fact that the person could pose a threat to internal security following the screening referred to in regulation (eu) no xxx/xxx [screening regulation] or following an examination pursuant article 8(4) of regulation (eu) no xxx/xxx [regulation on asylum and migration management]; ### the fact that the person could pose a threat to internal security following an examination pursuant article 8(4) of regulation (eu) no xxx/xxx [regulation on asylum and migration management];


### 1. each member state shall promptly take the biometric data of every third-country national or stateless person of at least six years of age who is apprehended by the competent control authorities in connection with the irregular crossing by land , sea or air of the border of that member state having come from a third country and who is not turned back or who remains physically on the territory of the member states and who is not kept in custody , confinement or detention during the entirety of the period between apprehension and removal on the basis of the decision to turn him or her back. ### 1. each member state shall , in a protection-sensitive manner promptly take the biometric data of every third-country national or stateless person of at least six years of age who is apprehended by the competent control authorities in connection with the irregular crossing by land , sea or air of the border of that member state having come from a third country and who is not turned back or who remains physically on the territory of the member states and who is not kept in custody , confinement or detention during the entirety of the period between apprehension and removal on the basis of the decision to turn him or her back.


### 2. the member state concerned shall , as soon as possible and no later than 72 hours after the date of apprehension , transmit to the central system and to the cir as appropriate the following data in relation to any third-country national or stateless person , as referred to in paragraph 1 , who is not turned back: ### 2. the member state concerned shall , as soon as possible and no later than 72 hours after the date of apprehension , transmit to the central system or to the cir , as appropriate , in accordance with article 4(2) the following data in relation to any third-country national or stateless person , as referred to in paragraph 1 , who is not turned back:


### 2. the member state concerned shall , as soon as possible and no later than 72 hours after the date of apprehension , transmit to the central system and to the cir as appropriate the following data in relation to any third-country national or stateless person , as referred to in paragraph 1 , who is not turned back: ### 2. the member state concerned shall , as soon as possible and no later than 72 hours after the date of apprehension , transmit to the central system and to the cir , as appropriate , in accordance with article 4(2) the following data in relation to any third-country national or stateless person , as referred to in paragraph 1 , who is not turned back:


### the fact that the person could pose a threat to internal security following the screening referred to in regulation (eu) xxx/xxx [screening regulation]. ### deleted


### 7. where requested by the member state concerned , the biometric data may also be taken and transmitted on behalf of that member state by members of the european border and coast guard teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with regulation (eu) 2019/1896 and regulation (eu) xxx/xxx [eu agency for asylum regulation]. ### 7. where requested by the member state concerned , the biometric and alphanumeric data may also be taken and transmitted on behalf of that member state by members of the european border and coast guard teams or experts of the asylum support teams when exercising powers and performing their tasks in accordance with regulation (eu) 2019/1896 and regulation (eu) xxx/xxx [eu agency for asylum regulation].


### 8. each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in article 4(6). ### 8. each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in article 4(6) , and respecting the limitations established therein.


### 1. each member state shall promptly take the biometric data of every third-country national or stateless person of at least six years of age who is illegally staying within its territory. ### 1. each member state shall , in a protection-sensitive manner , promptly take the biometric data of every third-country national or stateless person of at least six years of age who is illegally staying within its territory.


### 2. the member state concerned shall , as soon as possible and no later than 72-hours after the third-country national or the stateless person has been found to be illegally staying , transmit to the central system and to the cir as appropriate the following data in relation to any third-country national or stateless person , as referred to in paragraph 1: ### 2. the member state concerned shall , as soon as possible and no later than 72-hours after the third-country national or the stateless person has been found to be illegally staying , transmit to the central system and to the cir , as appropriate , in accordance with article 4(2) the following data in relation to any third-country national or stateless person , as referred to in paragraph 1:


### where applicable , the fact that the person could pose a threat to internal security following the screening referred to in regulation (eu) xxx/xxx [screening regulation]. ### deleted


### 6. each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in article 4(6). ### 6. each data set collected and transmitted in accordance with paragraph 1 shall be linked with other sets of data corresponding to the same third country national or stateless person in a sequence as set out in article 4(6) , and respecting the limitations established therein.


### (19) the following chapter is inserted after article 14: ### deleted


### 1. as soon as the member state of relocation is obliged to relocate the person concerned pursuant to article 57(7) of regulation (eu) xxx/xxx [regulation on asylum and migration management] , the benefiting member state shall update its data set recorded pursuant to articles 12 , 13 , 14 or 14a of this regulation relating to the person concerned by adding the member state of relocation. ### 1. as soon as the member state of relocation is determined pursuant to article 57(7) of regulation (eu) xxx/xxx [regulation on asylum and migration management] , the benefiting member state shall update its data set recorded pursuant to articles 12 or 13of this regulation relating to the person concerned by adding the member state of relocation.


### 4. upon expiry of the data storage periods referred to in paragraphs (1) to (3a) of this article , the data of the data-subjects shall be deleted from the central system and from the cir as appropriate.; ### 4. upon expiry of the data storage periods referred to in paragraphs (1) to (3a) of this article , the data of the data-subjects shall be automatically deleted from the central system and from the cir as appropriate.;


### (4) upon expiry of the data storage periods referred to in paragraphs (1) to (3a) of this article , the data of the data-subjects shall be deleted from the central system and from the cir as appropriate.; ### (4) upon expiry of the data storage periods referred to in paragraphs (1) to (3a) of this article , the data of the data-subjects shall be deleted from the central system and from the cir.;


### marking and blocking of data ### marking of data


### 1. for the purposes laid down in article 1(1)(a) , the member state of origin which granted international protection to a person whose data were previously recorded in the central system and in the cir as appropriate pursuant to article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the central system established by eu-lisa. that mark shall be stored in the central system in accordance with article 17(1) for the purpose of transmission under article 15 and 16. the central system shall , as soon as possible and no later than 72 hours , inform all member states of origin of the marking of data by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in article 10(1) , 13(1) , 14(1) , or 14a(1). those member states of origin shall also mark the corresponding data sets. ### 1. for the purposes laid down in article 1(1)(a) and 1(1)(b) , the member state of origin which granted international protection to a person whose data were previously recorded in the central system and in the cir as appropriate pursuant to article 12 or 12a shall mark the relevant data in conformity with the requirements for electronic communication with the central system established by eu-lisa. that mark shall be stored in the central system in accordance with article 17(1) and 17(1a) for the purpose of transmission under article 15 and 16. the central system shall , as soon as possible and no later than 72 hours , inform all member states of origin of the marking of data by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in article 10(1) , 12(b) , 13(1) 14(1) , or 14a(1). those member states of origin shall also mark the corresponding data sets.


### 1. for the purposes laid down in article 1(1)(a) , the member state of origin which granted international protection to a person whose data were previously recorded in the central system and in the cir as appropriate pursuant to article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the central system established by eu-lisa. that mark shall be stored in the central system in accordance with article 17(1) for the purpose of transmission under article 15 and 16. the central system shall , as soon as possible and no later than 72 hours , inform all member states of origin of the marking of data by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in article 10(1) , 13(1) , 14(1) , or 14a(1). those member states of origin shall also mark the corresponding data sets. ### 1. for the purposes laid down in article 1(1)(a) , the member state of origin which granted international protection to a person whose data were previously recorded in the central system and in the cir , as appropriate , in accordance with article 4(2) pursuant to article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the central system established by eu-lisa. that mark shall be stored in the central system in accordance with article 17(1) for the purpose of transmission under article 15 and 16. the central system shall , as soon as possible and no later than 72 hours , inform all member states of origin of the marking of data by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in article 10(1) , 13(1) or 14(1) , those member states of origin shall also mark the corresponding data sets.


### 1. for the purposes laid down in article 1(1)(a) , the member state of origin which granted international protection to a person whose data were previously recorded in the central system and in the cir as appropriate pursuant to article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the central system established by eu-lisa. that mark shall be stored in the central system in accordance with article 17(1) for the purpose of transmission under article 15 and 16. the central system shall , as soon as possible and no later than 72 hours , inform all member states of origin of the marking of data by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in article 10(1) , 13(1) , 14(1) , or 14a(1). those member states of origin shall also mark the corresponding data sets. ### 1. for the purposes laid down in article 1(1)(a) and 1(1)(b) , the member state of origin which granted international protection to a person whose data were previously recorded in the central system and in the cir as appropriate pursuant to article 12 or 12a shall mark the relevant data in conformity with the requirements for electronic communication with the central system established by eu-lisa. that mark shall be stored in the central system in accordance with article 17(1) and 17(1a) for the purpose of transmission under article 15 and 16. the central system shall , as soon as possible and no later than 72 hours , inform all member states of origin of the marking of data by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in article 10(1) , 12(b) or 13(1) . those member states of origin shall also mark the corresponding data sets.


### 2. the data of beneficiaries of international protection stored in the central system and in the cir as appropriate and marked pursuant to paragraph 1 of this article shall be made available for comparison for the purposes laid down in article 1(1)(d) until such data is automatically erased from the central system and from the cir as appropriate in accordance with article 17(4). ### 2. the data of beneficiaries of international protection stored in the central system and in the cir , as appropriate , in accordance with article 4(2) and marked pursuant to paragraph 1 of this article shall be made available for comparison for the purposes laid down in article 1(1)(d) until such data is automatically erased from the central system and from the cir as appropriate in accordance with article 17(4).


### 4. for the purposes laid down in article 1(1)(a) and (c) , the member state of origin which issued a residence document to an illegally staying third-country national or stateless person whose data were previously recorded in the central system and in the cir as appropriate pursuant to article 13 (2) and 14(2) or to a third-country national or stateless person disembarked following a search and rescue operation whose data were previously recorded in the central system and in the cir as appropriate pursuant to article 14a(2) shall mark the relevant data in conformity with the requirements for electronic communication with the central system established by eu-lisa. that mark shall be stored in the central system in accordance with article 17(2) , (3) and (3a) for the purpose of transmission under article 15 and 16. the central system shall , as soon as possible and no later than 72-hours , inform all member states of origin of the marking of data by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in articles 10(1) , 13(1) , 14(1) , or 14a(1). those member states of origin shall also mark the corresponding data sets. ### 4. for the purposes laid down in article 1(1)(a) , the member state of origin which issued a residence document to an irregularly staying third-country national or stateless person whose data were previously recorded in the central system and in the cir as appropriate pursuant to article 13 (2) and 14(2) shall mark the relevant data in conformity with the requirements for electronic communication with the central system established by eu-lisa. that mark shall be stored in the central system in accordance with article 17(2) , (3) and (3a) for the purpose of transmission under article 15 and 16. the central system shall , as soon as possible and no later than 72-hours , inform all member states of origin of the marking of data by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in articles 10(1) or 13(1). those member states of origin shall also mark the corresponding data sets.


### 4. for the purposes laid down in article 1(1)(a) and (c) , the member state of origin which issued a residence document to an illegally staying third-country national or stateless person whose data were previously recorded in the central system and in the cir as appropriate pursuant to article 13 (2) and 14(2) or to a third-country national or stateless person disembarked following a search and rescue operation whose data were previously recorded in the central system and in the cir as appropriate pursuant to article 14a(2) shall mark the relevant data in conformity with the requirements for electronic communication with the central system established by eu-lisa. that mark shall be stored in the central system in accordance with article 17(2) , (3) and (3a) for the purpose of transmission under article 15 and 16. the central system shall , as soon as possible and no later than 72-hours , inform all member states of origin of the marking of data by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in articles 10(1) , 13(1) , 14(1) , or 14a(1). those member states of origin shall also mark the corresponding data sets. ### 4. for the purposes laid down in article 1(1)(a) , the member state of origin which issued a residence document to an illegally staying third-country national or stateless person whose data were previously recorded in the central system and in the cir as appropriate pursuant to article 13 (2) and 14(2) shall mark the relevant data in conformity with the requirements for electronic communication with the central system established by eu-lisa. that mark shall be stored in the central system in accordance with article 17(2) , (3) and (3a) for the purpose of transmission under article 15 and 16. the central system shall , as soon as possible and no later than 72-hours , inform all member states of origin of the marking of data by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in articles 10(1) or 13(1). those member states of origin shall also mark the corresponding data sets.


### 4. for the purposes laid down in article 1(1)(a) and (c) , the member state of origin which issued a residence document to an illegally staying third-country national or stateless person whose data were previously recorded in the central system and in the cir as appropriate pursuant to article 13 (2) and 14(2) or to a third-country national or stateless person disembarked following a search and rescue operation whose data were previously recorded in the central system and in the cir as appropriate pursuant to article 14a(2) shall mark the relevant data in conformity with the requirements for electronic communication with the central system established by eu-lisa. that mark shall be stored in the central system in accordance with article 17(2) , (3) and (3a) for the purpose of transmission under article 15 and 16. the central system shall , as soon as possible and no later than 72-hours , inform all member states of origin of the marking of data by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in articles 10(1) , 13(1) , 14(1) , or 14a(1). those member states of origin shall also mark the corresponding data sets. ### 4. for the purposes laid down in article 1(1)(a) and (c) , the member state of origin which issued a residence document to an irregularly staying third-country national or stateless person whose data were previously recorded in the central system and in the cir as appropriate pursuant to article 13 (2) and 14(2) or to a third-country national or stateless person disembarked following a search and rescue operation whose data were previously recorded in the central system and in the cir as appropriate pursuant to article 14a(2) shall mark the relevant data in conformity with the requirements for electronic communication with the central system established by eu-lisa. that mark shall be stored in the central system in accordance with article 17(2) , (3) and (3a) for the purpose of transmission under article 15 and 16. the central system shall , as soon as possible and no later than 72-hours , inform all member states of origin of the marking of data by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in articles 10(1) , 13(1) , 14(1) , or 14a(1). those member states of origin shall also mark the corresponding data sets.


### 5. the data of illegally staying third-country nationals or stateless persons stored in the central system and in the cir and marked pursuant to paragraph 4 of this article shall be made available for comparison for the purposes laid down in article 1(1)(d) until such data is automatically erased from the central system and from the cir in accordance with article 17 (4). ### 5. the data of irregularly staying third-country nationals or stateless persons stored in the central system and in the cir and marked pursuant to paragraph 4 of this article shall be made available for comparison for the purposes laid down in article 1(1)(d) until such data is automatically erased from the central system and from the cir in accordance with article 17 (4).


### 3a. access for the purposes of consulting the eurodac data stored in the cir shall be granted to the duly authorised staff of the national authorities of each member state and to the duly authorised staff of the union bodies competent for the purposes laid down in articles 20 and 21 of regulation (eu) 2019/818. that access shall be limited to the extent necessary for the performance of the tasks of those national authorities and union bodies in accordance with those purposes and shall be proportionate to the objectives pursued.; ### 3a. access for the purposes of consulting the eurodac data stored in the cir shall be granted to the duly authorised staff of the competent national authorities of each member state and to the duly authorised staff of the union bodies competent for the purposes laid down in articles 20 and 21 of regulation (eu) 2019/818. that access shall be limited to the extent necessary for the performance of the tasks of those national authorities and union bodies in accordance with those purposes and shall be proportionate to the objectives pursued.;


### text proposed by the commission ### amendment


### (iv) who have been granted international protection in a member state; ### deleted


### assist with the control of irregular immigration to the union and with the detection of secondary movements within the union and with the identification of illegally staying third-country nationals and stateless persons for determining the appropriate measures to be taken by member states ; ### assist with the control of illegal immigration to the union and with the detection of secondary movements within the union and with the identification of illegally staying third-country nationals and stateless persons for determining the appropriate measures to be taken by member states


### having regard to the treaty on the functioning of the european union , and in particular articles 78(2)(d) , (e) and (g) , 79(2)(c) , 87(2)(c) and 88(2)(a) thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 78(2)(d) , (e) and (g) , 79(2)(c) , 87(2) (a) and (c) and 88(2)(a) thereof ,


### where article 3(1) of regulation (eu) xxx/xxx [screening regulation] applies and the person applies for international protection during screening , for every applicant for international protection of at least six years of age , each member state shall use the biometric data taken during screening and transmit them together with the data referred to in article 12 (c) to (p) of this regulation to the central system and to the cir as appropriate in accordance with article 4(2) , no later than 72 hours from the registration of the application referred to in article 27 of regulation (eu) xxx/xxx [asylum procedure regulation]. ### deleted


### — having regard to the commission proposal of 10 january 2017 for a regulation of the european parliament and of the council concerning the respect for private life and the protection of personal data in electronic communications and repealing directive 2002/58/ec (regulation on privacy and electronic communications) (com(2017)0010) , to the decision to enter into interinstitutional negotiations confirmed by parliament’s plenary on 25 october 2017 , and to the council’s general approach adopted on 10 february 2021 (6087/21) , ### — having regard to directive 2002/58/ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector ,


### a. whereas in the ‘schrems i’ judgment , the court of justice of the european union (cjeu) invalidated the commission decision of 26 july 2000 pursuant to directive 95/46/ec of the european parliament and of the council on the adequacy of the protection provided by the safe harbour privacy principles and related frequently asked questions issued by the us department of commerce9 , and pointed out that indiscriminateaccess by intelligence authorities to the content of electronic communications violates the essence of the fundamental right to confidentiality of communications provided for in article 7 of the charter; ### a. whereas in the ‘schrems i’ judgment , the court of justice of the european union (cjeu) invalidated the commission decision of 26 july 2000 pursuant to directive 95/46/ec of the european parliament and of the council on the adequacy of the protection provided by the safe harbour privacy principles and related frequently asked questions issued by the us department of commerce9 , and pointed out that access by intelligence authorities to the content of electronic communications violates the essence of the fundamental right to confidentiality of communications provided for in article 7 of the charter if such access is indiscriminate and not limited by clear and precise rules governing the scope and application of a measure and imposing minimum safeguards;


### 2. regrets the reported weaknesses in management and control systems , namely two cases of potential conflict of interest situation in relation to a senior manager taking up a job elsewhere , when europol did not issue its decision within the deadline and thus effectively authorised the person concerned to take up the new job without any restrictions and in contravention of article 16 of the staff regulations; ### 2. discerns the reported observations on management and control systems , namely in one case concerning the process to assess a potential conflict of interest situation in relation to a senior manager taking up a job elsewhere , in which case europol did not issue its decision within the timeline set in article 16 of the staff regulations and thus effectively authorised the person concerned to take up the new job ;


### 2. regrets the reported weaknesses in management and control systems , namely two cases of potential conflict of interest situation in relation to a senior manager taking up a job elsewhere , when europol did not issue its decision within the deadline and thus effectively authorised the person concerned to take up the new job without any restrictions and in contravention of article 16 of the staff regulations; ### 2. notes the reported weaknesses in management and control systems , namely two cases of potential conflict of interest situation in relation to a senior manager taking up a job elsewhere , when europol did not issue its decision within the deadline and thus effectively authorised the person concerned to take up the new job without any restrictions and in contravention of article 16 of the staff regulations;


### 3. regrets that the observation from the court stressing that late payments were issued by the agency in 33% of the cases in 2020 is still ongoing; expresses concern that , according to the court , similar levels of delays were observed in previous years; shares the opinion by the court that this recurrent weaknesses exposes europol to reputational risks; requests the agency to increase its efforts to address all the observations from the court; ### 3. notes that the observation from the court stressing that late payments were issued by the agency in 33% of the cases in 2020 is still ongoing; notes that , according to the court , similar levels of delays were observed in previous years; shares the opinion by the court that this recurrent weaknesses exposes europol to reputational risks; requests the agency to increase its efforts to address all the observations from the court;


### 4. notes that on 16 september 2022 , the edps requested that the court of justice of the european union annul two provisions of the revised europol regulation , namely articles 74a and 74b , as they seriously undermine legal certainty for individuals’ personal data and threaten the independence of the edps; reminds that articles 74a and 74b have the effect of legalising retroactively europol’s practice of processing large volumes of individuals’ personal data with no established link to criminal activity , which the edps found to be in breach of europol’s regulation; ### deleted


### 5. is concerned about the enhanced and non-transparent cooperation between europol and frontex; reminds the reports about frontex’s pedra program ‘processing of personal data for risk analysis' , which allows frontex border guards to collect sensitive personal data from migrants and asylum seekers to process and share it with europol and security agencies of member states , and to scan social media profiles; requests that cooperation among jha agency is fully transparent and accountability ensured; calls on the agency to take measures to ensure full compliance with eu transparency rules as well as with fundamental rights and data protection standards; ### 5. reminds the reports about frontex’s pedra program ‘processing of personal data for risk analysis' , which allows frontex border guards to collect sensitive personal data from migrants and asylum seekers to process and share it with europol and security agencies of member states , and to scan social media profiles; requests that cooperation among jha agency is fully transparent and accountability ensured; calls on the agency to take measures to ensure full compliance with eu transparency rules as well as with fundamental rights and data protection standards;


### 6. is concerned about the individual complaints introduced against europol for access to personal data and the lack of follow up done by the agency to those requests , conducing to an order by edps; is extremely concerned by the deletion of those data by the agency without allowing the data subject to access in spite of edps decision; ### 6. notes the individual complaints introduced against europol for access to personal data; notes the deletion of those data;


### 7. recommends the committee on budgetary control to postpone granting the discharge in respect of the implementation of the agency’s budget for the financial year 2021 , until the court of justice of the european union delivers its judgement; ### 7. recommends the committee on budgetary control to grant the discharge in respect of the implementation of the agency’s budget for the financial year 2021.


### 4. is concerned that eu-lisa amended the value of three contracts , two in 2021 and one 2019 , which increased the maximum amount of the contracts by 50 % (€70.4 million , €20 million and €40 million respectively); shares the opinion by the court that eu-lisa should improve the contracts management to ensure that specific contracts are always aligned with the framework contracts; ### 4. notes that eu-lisa amended the value of three contracts , two in 2021 and one 2019 , which increased the maximum amount of the contracts by 50 % (€70.4 million , €20 million and €40 million respectively); shares the opinion by the court that eu-lisa should improve the contracts management to ensure that specific contracts are always aligned with the framework contracts;


### — having regard to regulation (eu , euratom) 2020/2092 of the european parliament and of the council of 16 december 2020 on a general regime of conditionality for the protection of the union budget1 (the rule of law conditionality regulation) , ### deleted


### — having regard to the european convention for the protection of human rights and fundamental freedoms , the european social charter , the case-law of the european court of human rights and the european committee of social rights , and the conventions , recommendations , resolutions , opinions and reports of the parliamentary assembly , the committee of ministers , the human rights commissioner , the european commission against racism and intolerance , the steering committee on anti-discrimination , diversity and inclusion , the venice commission and other bodies of the council of europe , ### — having regard to the european convention for the protection of human rights and fundamental freedoms , the european social charter , the case-law of the european court of human rights and the european committee of social rights , and the conventions , recommendations , resolutions , opinions and reports of the parliamentary assembly , the committee of ministers , the human rights commissioner , the european commission against racism and intolerance , the steering committee on anti-discrimination , diversity and inclusion and the venice commission ,


### — having regard to the memorandum of understanding between the council of europe and the european union of 23 may 2007 and the council conclusions of 8 july 2020 on eu priorities for cooperation with the council of europe 2020-2022 , ### deleted


### — having regard to the commission’s reasoned proposal for a council decision of 20 december 2017 on the determination of a clear risk of a serious breach by the republic of poland of the rule of law , issued in accordance with article 7(1) teu (com(2017)0835) , ### deleted


### — having regard to the reports of the european union agency for fundamental rights (fra) of 19 july 2022 entitled ‘europe’s civil society: still under pressure’ , of 8 june 2022 entitled ‘fundamental rights report 2022’ and of 19 august 2022 entitled ‘protecting civic space in the eu’ , and its other reports , data and tools , in particular the european union fundamental rights information system (efris) , ### deleted


### — having regard to its resolution of 1 march 2018 on the commission’s decision to activate article 7(1) teu as regards the situation in poland4 , ### deleted


### — having regard to its resolution of 12 september 2018 on a proposal calling on the council to determine , pursuant to article 7(1) teu , the existence of a clear risk of a serious breach by hungary of the values on which the union is founded6 , ### deleted


### — having regard to its resolution of 10 june 2021 on the rule of law situation in the european union and the application of the conditionality regulation (eu , euratom) 2020/209210 , ### deleted


### — having regard to its resolution of 8 july 2021 on the creation of guidelines for the application of the general regime of conditionality for the protection of the union budget12 , ### deleted


### — having regard to its resolution of 15 december 2021 on the evaluation of preventive measures for avoiding corruption , irregular spending and misuse of eu and national funds in case of emergency funds and crisis-related spending areas14 , ### deleted


### — having regard to its resolution of 10 march 2022 on the rule of law and the consequences of the ecj ruling16 , ### deleted


### — having regard to its resolution of 9 june 2022 on the rule of law and the potential approval of the polish national recovery plan (rrf)18 , ### deleted


### — having regard to its resolution of 15 september 2022 on the proposal for a council decision determining , pursuant to article 7(1) of the treaty on european union , the existence of a clear risk of a serious breach by hungary of the values on which the union is founded19 , ### deleted


### a. whereas the union is founded on the common values enshrined in article 2 teu of respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities – values that are common to the eu member states and to which candidate countries must adhere in order to join the union as part of the copenhagen criteria , which cannot be disregarded or reinterpreted after accession; whereas democracy , the rule of law and fundamental rights are mutually reinforcing values which , when undermined , may pose a systemic threat to the union and the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the union as a whole and its member states at all levels of governance , including subnational entities; ### a. whereas the union is founded on the common values enshrined in article 2 teu of respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities – values that are common to the eu member states and to which candidate countries must adhere in order to join the union as part of the copenhagen criteria , which cannot be disregarded or reinterpreted after accession; whereas democracy , the rule of law and fundamental rights are mutually reinforcing values which , when undermined , may pose a systemic threat to the union and the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the union as a whole and its member states at all levels of governance , including subnational entities; whereas the union's institutions must also respect the equality of the member states under the treaties as well as their constitutional and legal order , national sovereignty and identities as well as religious and cultural traditions;


### a. whereas the union is founded on the common values enshrined in article 2 teu of respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities – values that are common to the eu member states and to which candidate countries must adhere in order to join the union as part of the copenhagen criteria , which cannot be disregarded or reinterpreted after accession; whereas democracy , the rule of law and fundamental rights are mutually reinforcing values which , when undermined , may pose a systemic threat to the union and the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the union as a whole and its member states at all levels of governance , including subnational entities; ### a. whereas the union is founded on the common values enshrined in article 2 teu of respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities – values that are common to the eu member states and to which candidate countries must adhere in order to join the union as part of the copenhagen criteria , which cannot be disregarded or reinterpreted after accession , especially by the commission and the court of justice; whereas democracy , the rule of law and fundamental rights are mutually reinforcing values which , when undermined , may pose a systemic threat to the union and the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the union as a whole , including its institutions and its member states at all levels of governance , including subnational entities;


### b. whereas the conference on the future of europe clearly expressed a desire for the eu to systematically uphold the rule of law across all member states , to protect citizens’ fundamental rights and to retain the eu’s credibility when promoting its values abroad; ### deleted


### b. whereas the conference on the future of europe clearly expressed a desire for the eu to systematically uphold the rule of law across all member states , to protect citizens’ fundamental rights and to retain the eu’s credibility when promoting its values abroad; ### b. whereas the conference on the future of europe clearly expressed a desire for the eu to systematically uphold the rule of law across all member states , to protect citizens’ fundamental rights and to retain the eu’s credibility when promoting its values abroad; whereas the european parliament delegation did not give its consent to the draft proposals of the conference on the future of europe unanimously; whereas the council reserved its position on each individual proposal; whereas there was no consensus among the national parliaments;


### d. whereas the addition of concrete and legally binding country-specific recommendations would help member states to prevent , detect and address systemic challenges and backsliding on the rule of law; ### deleted


### e. whereas the member states introduced emergency measures to respond to the covid-19 pandemic; whereas , in order to be lawful , these needed to respect the principles of necessity and proportionality when restricting fundamental rights or basic freedoms; whereas some governments have used the extraordinary measures as an excuse to weaken democratic checks and balances; ### deleted


### f. whereas it is necessary to strengthen and streamline existing mechanisms and to develop a single comprehensive eu mechanism to protect democracy , the rule of law and fundamental rights effectively and to ensure that article 2 teu values are upheld throughout the union as well as by candidate countries , albeit with different monitoring regimes , so that member states are prevented from developing domestic law that runs counter to the protection of article 2 teu; whereas the commission and the council have continued to dismiss the need for an interinstitutional agreement on an eu mechanism on democracy , the rule of law and fundamental rights; ### f. whereas there exist already various eu mechanisms to protect article 2 teu so it is not necessary to create any new one;


### 1. welcomes the commission’s third annual rule of law report as part of the commission’s rule of law toolbox; considers that while the report represents a step towards a coherent mechanism to preserve union values , the toolbox remains too flexible and too broad an approach to the rule of law; ### 1. notes the commission’s third annual rule of law report; considers that the commission has no competence to prepare such a report; reminds that article 2 teu , which defines the core values of the union , applies not only and not even primarily to the member states , but to the european union as such , so it is the union institutions that should be covered by the report in the first instance;


### 1. welcomes the commission’s third annual rule of law report as part of the commission’s rule of law toolbox; considers that while the report represents a step towards a coherent mechanism to preserve union values , the toolbox remains too flexible and too broad an approach to the rule of law; ### 1. urges the commission , when drafting the rule of law report , that the sovereignty and constitutional order of each and every member states have to be respected; notes the commission’s third annual rule of law report as part of the commission’s rule of law toolbox; considers that while the report represents a step towards a coherent mechanism to preserve union values , the toolbox remains too flexible and too broad an approach to the rule of law;


### 2. notes some improvements compared to previous annual reports , such as the addition of country-specific recommendations; notes also the special attention paid to the public service media and to measures to ensure the transparency of media ownership , including the media pluralism monitor ranking , the assessment of the implementation of the rulings of the european court of human rights by the member states , the attention paid to political party financing , the focus on equality bodies , national human rights institutions and ombudspersons , the monitoring of high-level appointments in the justice system and the increased attention paid to the legal profession; ### 2. notes no improvements compared to previous annual reports; notes that the commission is still struggling to define what the rule of law is , as its report on the rule of law describes many different values listed in article 2 of the teu;


### 2. notes some improvements compared to previous annual reports , such as the addition of country-specific recommendations; notes also the special attention paid to the public service media and to measures to ensure the transparency of media ownership , including the media pluralism monitor ranking , the assessment of the implementation of the rulings of the european court of human rights by the member states , the attention paid to political party financing , the focus on equality bodies , national human rights institutions and ombudspersons , the monitoring of high-level appointments in the justice system and the increased attention paid to the legal profession; ### 2. notes some improvements compared to previous annual reports , including the special attention paid to the public service media and to measures to ensure the transparency of media ownership , including the media pluralism monitor ranking , the assessment of the implementation of the rulings of the european court of human rights by the member states , the attention paid to political party financing , the focus on equality bodies , national human rights institutions and ombudspersons , the monitoring of high-level appointments in the justice system and the increased attention paid to the legal profession;


### 3. deplores the fact that the commission did not address in full the recommendations made by parliament in its previous resolutions24 ; ### deleted


### 4. is concerned about the lack of consistency between the horizontal report and the recommendations , in particular that the country-specific concerns expressed in the horizontal report do not fully correspond to the country-specific recommendations; asks for a clear link to be established between the concerns expressed and the recommendations put forward; ### deleted


### 5. highlights that the intentional targeting of minority groups’ rights in some member states has created and established momentum elsewhere , as can be evidenced by backtracking on the rights of women , including a deterioration in the situation in relation to sexual and reproductive health and rights , and of lgbtiq+ persons , migrants and other minority groups; calls for a summary of the implementation of the eu anti-racism action plan in the report’s country chapters and an analysis of how the backlash in the rule of law affects different minority groups; ### 5. highlights that to date , no member state has been found to have breached the article 2 teu values , nor even been found to be at serious risk of violating them; underlines that the rights of women , including sexual and reproductive health , and of lgbtiq+ persons , migrants and other groups must not be part of the commission's report;


### 5. highlights that the intentional targeting of minority groups’ rights in some member states has created and established momentum elsewhere , as can be evidenced by backtracking on the rights of women , including a deterioration in the situation in relation to sexual and reproductive health and rights , and of lgbtiq+ persons , migrants and other minority groups; calls for a summary of the implementation of the eu anti-racism action plan in the report’s country chapters and an analysis of how the backlash in the rule of law affects different minority groups; ### 5. highlights that the intentional targeting of minority groups’ rights in some member states has created and established momentum elsewhere , as can be evidenced by backtracking on the rights of women and of lgbtiq+ persons , migrants and other minority groups; calls for a summary of the implementation of the eu anti-racism action plan in the report’s country chapters and an analysis of how the backlash in the rule of law affects different minority groups;


### 6. welcomes the addition of country-specific recommendations , as a follow up to the reiterated calls from parliament to this end; recalls that the annual reports serve as a basis for informed discussions on the rule of law situation in member states; acknowledges that these country-specific recommendations help to target specific issues with a view to achieving real improvements in member states; deplores , however , the fact that the recommendations are not binding; calls on the commission to develop the annual rule of law cycle further by assessing the implementation of the country-specific recommendations in the next annual report , with specific benchmarks and a clear timeline for implementation; ### 6. notes the addition of country-specific recommendations , as a follow up to the reiterated calls from parliament to this end; recalls that the annual reports serve as a basis for informed discussions on the rule of law situation in member states;


### 6. welcomes the addition of country-specific recommendations , as a follow up to the reiterated calls from parliament to this end; recalls that the annual reports serve as a basis for informed discussions on the rule of law situation in member states; acknowledges that these country-specific recommendations help to target specific issues with a view to achieving real improvements in member states; deplores , however , the fact that the recommendations are not binding; calls on the commission to develop the annual rule of law cycle further by assessing the implementation of the country-specific recommendations in the next annual report , with specific benchmarks and a clear timeline for implementation; ### 6. stresses that the commission has no competence to make either binding or non-binding recommendations on the union's values contained in article 2 teu; recalls that the annual reports serve as a basis for discussions on the rule of law situation in member states; deplores the fact that the recommendations were prepared; calls on the commission to stop immediately the annual rule of law cycle and especially preparation of the country-specific recommendations;


### 7. regrets the fact that many of the recommendations are too vague and lack the specificity required to ensure effective implementation; reiterates the need to set out a timeline for the implementation of the recommendations and to detail the possible consequences in the event of non-compliance; ### deleted


### 8. urges the commission to initiate the relevant procedures without hesitation or delay , especially when governments show no willingness to comply with the country-specific recommendations; ### deleted


### 9. commends the efforts by the commission to engage better with national stakeholders; recognises civil society as an essential actor for the rule of law , with an important role to play in the follow-up to the annual report and its implementation; calls on the commission to pursue the consistent involvement of civil society in the follow-up to the report at national level , in cooperation with the fra; ### 9. considers that information from member states' authorities should be the basis for information; points out that civil society organisations are often political and ideological movements and may also be susceptible to disinformation and propaganda , including from third countries interested in destabilising member states;


### 9. commends the efforts by the commission to engage better with national stakeholders; recognises civil society as an essential actor for the rule of law , with an important role to play in the follow-up to the annual report and its implementation; calls on the commission to pursue the consistent involvement of civil society in the follow-up to the report at national level , in cooperation with the fra; ### 9. commends the efforts by the commission to engage better with national stakeholders; recognises civil society as an essential actor for the rule of law , with an important role to play in the follow-up to the annual report and its implementation; calls on the commission to pursue the consistent involvement of civil society in the follow-up to the report at national level;


### 1. welcomes the fact that the court of auditors (‘the court’) has declared the transactions underlying the annuals accounts of the european union agency for fundamental rights (fra) for the financial year 2021 to be legal and regular in all material respects; highlights that the budget for 2021 was 33 million eur , but in reality this means 23 920 698 eur budget as the court report counts in the total payment appropriations available during the financial year; reiterates its concern that the fra continues to suffer from financial and staff resources constraints; ### 1. welcomes the fact that the court of auditors (‘the court’) has declared the transactions underlying the annuals accounts of the european union agency for fundamental rights (fra) for the financial year 2021 to be legal and regular in all material respects; highlights that the budget for 2021 was 33 million eur , but in reality this means 23 920 698 eur budget as the court report counts in the total payment appropriations available during the financial year;


### 1. grants the director of the european union agency for fundamental rights discharge in respect of the implementation of the agency’s budget for the financial year 2021 / postpones its decision on granting the director of the european union agency for fundamental rights discharge in respect of the implementation of the agency’s budget for the financial year 2021; ### 1. postpones its decision on granting the director of the european union agency for fundamental rights discharge in respect of the implementation of the agency’s budget for the financial year 2021;


### 2. welcomes that fra was able to fulfil its objectives and to deliver on the activities foreseen in its annual work programme despite the continuous shortage on human and financial resources and the challenges caused by the pandemic; notes that the number of publications was 516 compared to the set target of 486 , that the number of meetings and events organised/co-organised was 421 compared to the set target of 260 , and that the number of communication materials was 1809 compared to the set target of 250; ### 2. notes that fra was able to fulfil its objectives and to deliver on the activities foreseen in its annual work programme despite the continuous shortage on human and financial resources and the challenges caused by the pandemic; notes that the number of publications was 516 compared to the set target of 486 , that the number of meetings and events organised/co-organised was 421 compared to the set target of 260 , and that the number of communication materials was 1809 compared to the set target of 250;


### 3. deplores that fra’s establishment plan has not been increased since 2017; further deplores that the increase in workload and requests , particularly after the entry into force of the new mandate which introduced new activities in the areas of justice and police cooperation , was not accompanied with additional resources; ### deleted


### 5. welcomes the cooperation with other eu agencies , bodies and civil society in order to ensure there is compliance with fundamental rights; notes that fra contributed to a total of around 60 activities in the jha area. ### deleted


### 4. notes the drawing up of a fundamental rights strategy and action plan; regrets that the obligation included in article 110(6) of regulation (eu) 2019/1896 to deploy at least 40 fundamental rights monitors has been met with significant delay; notes that the number of fundamental rights monitors now stands at 46; deeply deplores that despite the significant overall staff increase for the agency , the fundamental rights officer still lacks adequate human resources; urges the agency to provide its fundamental rights officer with adequate resources and staff; ### 4. notes the drawing-up of a fundamental rights strategy and action plan;


### 6. expresses its utmost concerns with regard to allegations of push backs in the context of frontex operations in lithuania , latvia , croatia , bulgaria and greece; reiterates its call 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; ### deleted


### 7. reiterates its profound concerns about the findings of the olaf report of 15 february 2022 on investigations into frontex , and expresses its utter dismay in the behaviour and actions described in the findings and the lack of accountability; considers that the findings of the olaf report are a matter of public interest and should be made public without further delay; ### 7. reiterates its profound concerns about the findings of the olaf report of 15 february 2022 on investigations into frontex , and expresses its utter dismay in the behaviour and actions described in the findings and the lack of accountability;


### 8. expresses its deep concerns in relation to media revelations that in the context of the expansion of a mass surveillance programme at europe’s external borders (pedra , or ‘processing of personal data for risk analysis’) , frontex and the european commission side-lined their own data protection oversight bodies and pursued an intrusive collection of personal data from migrants and refugees to feed into europol’s criminal databases; ### deleted


### 10. reiterates that the increased competences and budget of the agency need to be accompanied with a corresponding increase in accountability and transparency , as well as full respect for and protection of fundamental rights; 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 fundamental rights compliance; ### 10. reiterates that the increased competences and budget of the agency need to be accompanied with a corresponding increase in accountability and transparency , as well as full respect for and protection of fundamental rights;


### 11. recommends the committee on budgetary control to postpone granting the discharge in respect of the implementation of the agency’s budget for the financial year 2021 , until the structural shortcomings related to respect by frontex of its fundamental rights obligations have been fully addressed. ### deleted


### 7. calls on the agency to ensure full transparency and full respect with fundamental rights in all its activities , including those with third countries. ### 7. stresses that financial regulation and high management standards has to be respected by all the eu’s institutions;


### 3. appreciates eurojust’s extensive activities in supporting and coordinating the work of national judicial authorities in investigating and prosecuting transnational crime; welcomes that in 2021 the agency offered support to over 10 000 cross-border criminal investigations , provided 1 928 rapid responses to judicial cooperation requests and participated in over 1 400 large-scale operations and guaranteed legal , financial and/or operational support to 254 joint investigation teams; ### 3. appreciates eurojust’s extensive activities in supporting and coordinating the work of national judicial authorities in investigating and prosecuting transnational crime and particularly in the fight against terrorism and serious organised crime involving more than one eu country; welcomes that in 2021 the agency offered support to over 10 000 cross-border criminal investigations , provided 1 928 rapid responses to judicial cooperation requests and participated in over 1 400 large-scale operations and guaranteed legal , financial and/or operational support to 254 joint investigation teams;


### 3. acknowledge that the focus in the coming years must continue to be on the improvement of implementation and actions to strengthen the gdpr; ### 3. acknowledges that the focus in the coming years must continue to be on the improvement of implementation and actions to strengthen the enforcement of the gdpr;


### 7. observes that some stakeholders report that the application of the gdpr is challenging especially for small and medium sized enterprises (smes); ### 7. observes that some stakeholders report that the application of the gdpr is challenging especially for small and medium sized enterprises (smes); is of the opinion that the gdpr and its enforcement must not lead to a competitive disadvantage for smes vis-à-vis large companies; believes that more support , information and training should be made available by national authorities and european commission information campaigns in order to aid the increase of knowledge , the quality of implementation and awareness of the requirements and purpose of the gdpr;


### – having regard to its resolution of 19 june 2020 on the anti-racism protests following the death of george floyd2 , ### deleted


### d. whereas there have been significant shortcomings in the implementation of the dublin iii regulation , including during the covid-19 crisis , undermining the right to international protection and leading to violations of fundamental rights; ### d. whereas the implementation of the dublin iii regulation has been affected by the covid-19 crisis as member states had to tackle an unforeseen global pandemic;


### incorporating the principle of solidarity into the management of asylum seekers ### management of asylum seekers


### 1. considers that the dublin system places a significant burden on a minority of member states , in particular when influxes of migrants occur; takes the view that the eu therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among member states , including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum; ### deleted


### 1. considers that the dublin system places a significant burden on a minority of member states , in particular when influxes of migrants occur; takes the view that the eu therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among member states , including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum; ### 1. notes that in connection with the mass influx of migrants , some member states are facing a major administrative burden; recognises the difficult , global migration situation and considers that measures to address it should immediately be taken together with the entire international community; recalls , at the same time , that eu agencies such as frontex and the easo were set up precisely to balance the excessive burden on some member states and support them in the implementation of the asylum and border acquis.


### 1. considers that the dublin system places a significant burden on a minority of member states , in particular when influxes of migrants occur; takes the view that the eu therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among member states , including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum; ### 1. considers that the dublin system places a significant burden on a minority of member states , in particular when influxes of migrants occur; takes the view that the eu must assist member states by preventing a further worsening of this burden by implementing the australian model;


### 1. considers that the dublin system places a significant burden on a minority of member states , in particular when influxes of migrants occur; takes the view that the eu therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among member states , including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum; ### 1. believes that solidarity cannot be forced upon the member states but should instead be built by a legal framework that all member states can support; takes the view that the australian model can act as a good example for an eu asylum model;


### 2. stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at eu level; deplores the fact that efforts to overhaul the dublin iii regulation have been blocked in the council; ### 2. stresses the importance of the global approach to migration and mobility , with the aim of establishing a framework for the external dimension of migration and asylum policy through enhanced cooperation between the eu and third countries on legal migration and mobility , combating trafficking in human beings , promoting international protection and extending the external dimension of eu asylum policy and the interaction between migration and development policies;


### 2. stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at eu level; deplores the fact that efforts to overhaul the dublin iii regulation have been blocked in the council; ### 2. notes that the overhaul of the dublin iii regulation has been blocked in the council;


### 3. notes that the crisis management tool provided for in article 33 did not provide effective support to the member states , nor did it offer a response to the consequences of the covid-19 crisis; considers that a solidarity-based crisis management mechanism , endowed with a financial instrument managed by the commission , should be established to ensure continuity of the right of asylum in the eu under the best possible conditions; ### deleted


### 3. notes that the crisis management tool provided for in article 33 did not provide effective support to the member states , nor did it offer a response to the consequences of the covid-19 crisis; considers that a solidarity-based crisis management mechanism , endowed with a financial instrument managed by the commission , should be established to ensure continuity of the right of asylum in the eu under the best possible conditions; ### 3. notes that the crisis management tool provided for in article 33 did not provide effective support to the member states , nor did it offer a response to the consequences of the covid-19 crisis; stresses that solidarity cannot be forced upon the member states but should instead be built by a legal framework that all member states can support;


### 4. calls on the member states to make use of the discretionary clause in article 17 when exceptional circumstances so warrant , for example to relocate asylum seekers currently living in the greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions; ### 4. recalls that the member states have the possibility to make use of the discretionary clause in article 17 when exceptional circumstances so warrant , for example to relocate asylum seekers currently living in the greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions; stresses , however , that the discretionary clause should be treated as a clause enabling action to be taken in exceptional circumstances for people in genuine need of support , and not as a loophole in situations where there is no agreement in the eu on the relocation of migrants; recalls that , in accordance with the dublin iii regulation , the reception of applicants under this clause remains voluntary;


### 5. urges the introduction , in accordance with international law , of fast-track dublin procedures at the main points of irregular arrival in the eu , in european reception centres , in order to process asylum applications swiftly , assess their merits , determine the member state responsible and , where appropriate , return asylum seekers without an unnecessarily prolonged detention period; ### deleted


### 5. urges the introduction , in accordance with international law , of fast-track dublin procedures at the main points of irregular arrival in the eu , in european reception centres , in order to process asylum applications swiftly , assess their merits , determine the member state responsible and , where appropriate , return asylum seekers without an unnecessarily prolonged detention period; ### 5. urges the introduction , in accordance with international law , of fast-track dublin procedures that increase operability , efficiency and expediency , at the main points of irregular arrival in the eu , in european reception centres , in order to process asylum applications swiftly , assess their merits , determine the member state responsible and , where appropriate , return asylum seekers without an unnecessarily prolonged detention period;


### 5. urges the introduction , in accordance with international law , of fast-track dublin procedures at the main points of irregular arrival in the eu , in european reception centres , in order to process asylum applications swiftly , assess their merits , determine the member state responsible and , where appropriate , return asylum seekers without an unnecessarily prolonged detention period; ### 5. urges the introduction , in accordance with international law , of rapid asylum-related border procedures at the main points of irregular arrival in the eu , in european reception centres , in order to process asylum applications swiftly , assess their merits , determine the member state responsible and , where appropriate , return asylum seekers without an unnecessarily prolonged detention period;


### 6. highlights the significant operational backing for dublin procedures provided by the european asylum support office (easo) in the hotspots; calls on the commission and the member states to facilitate the work of easo staff by allowing interviews in a language other than that of the country in which they are conducted; calls for the establishment of a european asylum agency , with sufficient financial and human resources; ### 6. highlights the significant operational backing for dublin procedures provided by the european asylum support office (easo) in the hotspots; calls on the commission and the member states to facilitate the work of easo staff by allowing interviews in a language other than that of the country in which they are conducted;


### 6. highlights the significant operational backing for dublin procedures provided by the european asylum support office (easo) in the hotspots; calls on the commission and the member states to facilitate the work of easo staff by allowing interviews in a language other than that of the country in which they are conducted; calls for the establishment of a european asylum agency , with sufficient financial and human resources; ### 6. highlights the significant operational backing for asylum procedures provided by the european asylum support office (easo) in the hotspots; calls on the commission and the member states to facilitate the work of easo staff by allowing interviews in a language other than that of the country in which they are conducted; calls for the establishment of a european asylum agency , with sufficient financial and human resources;


### 8. calls on the commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; calls on the member states and the commission to protect the best interests of children and to clarify the criteria for keeping children in detention; ### 8. calls on the commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required , while not expanding current rules on family reunification; calls on the member states and the commission to protect the best interests of children and to clarify the criteria for keeping children in detention;


### 9. stresses that the number of transfer procedures has increased significantly , generating considerable human , material and financial costs; deplores , however , the fact that in only 11% of cases are transfers actually carried out , a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between member states; regards efforts to combat secondary movements as essential in order to reduce the number of transfer requests; proposes that the conditions which trigger transfer procedures be clarified and harmonised; ### 9. stresses that the number of transfer procedures has increased significantly , generating considerable human , material and financial costs; notes , however , the fact that in only 11% of cases are transfers actually carried out; regards efforts to combat secondary movements as essential in order to reduce the number of transfer requests; proposes that the conditions which trigger transfer procedures be clarified and harmonised;


### 10. considers that in some cases the rules on transfer of responsibility under dublin iii undermine the efficiency of asylum procedures and the carrying-out of transfers and contribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the system; calls on the commission to revise the rules , in order to give member states sufficient time to carry out transfers and do away with transfer of responsibility in cases where an asylum seeker absconds; ### 10. recalls that transferring responsibility in cases where the deadline for transfer is not met should encourage member states to carry out transfers as quickly and efficiently as possible; considers that the time limits currently in force are sufficient;


### 11. considers that providing asylum seekers with legal assistance in connection with dublin procedures , in particular in the hotspots , would simplify the process of obtaining asylum and improve decision-making; calls on the member states to improve the information made available to asylum seekers on the complex dublin procedures , to ensure that it is clear and accessible to everyone; ### 11. considers that providing asylum seekers with legal assistance in connection with dublin procedures , in particular in the hotspots , would simplify the process of obtaining asylum and improve decision-making; calls on the member states to improve the information made available to asylum seekers on the complex dublin procedures , to ensure that it is clear and accessible to everyone; stresses the importance of solutions to prevent the submission of multiple applications for international protection;


### 12. stresses that the principle of a single asylum application in the eu is consistently flouted , a state of affairs at odds with the very purpose of the dublin iii regulation; considers that the competent national authorities should share their relevant information on a european database such as eurodac , in order to speed up procedures and prevent multiple asylum applications , while protecting personal data; ### 12. stresses that the principle of a single asylum application in the eu is consistently flouted , a state of affairs at odds with the very purpose of the dublin iii regulation; considers that the competent national authorities should share their relevant information on a european database such as eurodac , in order to speed up procedures and prevent multiple asylum applications , while protecting personal data; considers that registering in the eurodac system all applicants and illegal migrants crossing the borders is a priority;


### 13. notes that the rate of protection for asylum seekers varies greatly between member states for certain nationalities; considers that a common list of safe countries and a shared country-risk analysis , or at least greater convergence , would reduce these disparities , and thus also the number of secondary movements; stresses that the return of persons not eligible for asylum is a prerequisite for the effectiveness of the dublin iii regulation; ### deleted


### 14. takes the view that closer cooperation between national asylum authorities is needed , in order to share information and streamline transfers; proposes that easo be given the task of drawing up enhanced governance arrangements for the application of the dublin iii regulation , including a monthly operational dialogue between national authorities , and a platform for the exchange and sharing of information and best practices; ### 14. takes the view that the coordination of cooperation within a strong dublin network , the exchange of information at dublin committee meetings and training organised regularly by the easo provide effective support to experts in the proper implementation of the regulation and foster the development of uniform practices eu-wide;


### 15. notes that some two-thirds of asylum applications are submitted by nationals of safe countries who have arrived in the eu on a visa or visa waiver; considers that these manifestly unfounded applications contribute to the overloading of asylum systems; calls on the commission and the member states to make asylum and visa policies more consistent; ### deleted


### 16. proposes that easo be given an expanded role in analysing the flows of and pathways taken by asylum seekers , in order to better anticipate and understand pressures on asylum systems; ### deleted


### 16. proposes that easo be given an expanded role in analysing the flows of and pathways taken by asylum seekers , in order to better anticipate and understand pressures on asylum systems; ### 16. stresses the need to develop cooperation between the easo , frontex , europol , eu-lisa agencies in analysing the flows of and pathways taken by asylum seekers , in order to better anticipate and understand pressures on asylum systems;


### 17. urges the commission and the council to work towards convergence in the bilateral agreements concluded between member states and with third countries , in order to optimise implementation of the dublin iii regulation; ### deleted


### 18. deplores the fact that the commission has still not published its article 46 assessment report; calls on the commission to ensure that the dublin iii regulation is implemented more effectively; ### 18. calls on the commission to ensure that the dublin iii regulation is implemented more effectively;


### — having regard to the global compact for safe , orderly and regular migration , adopted by the un general assembly on 19 december 2018 , ### deleted


### — having regard to its resolution of 12 april 2016 on the situation in the mediterranean and the need for a holistic eu approach to migration12 , ### deleted


### material constituting child pornography as defined in article 2 , point (c) , of directive 2011/93/eu of the european parliament and of the council; ### material constituting child pornography as defined in article 2 , point (c) of directive 2011/93/eu of the european parliament and of the council , this concept being extended to include any obscene image which shows or exhibits any intimate part of a child regardless of their gender and which promotes or incites a disruptive emotional disturbance , thereby violating one’s dignity as a human being;


### a. whereas migration is a global phenomenon amplified by globalisation , rising conflicts , inequalities , and climate disruption; whereas gradual , normative development within the modern international human rights framework of the rights of migrants , independently of their legal status , represents a source of progress and collective pride for humanity; whereas migrants remain , however , among the most vulnerable groups worldwide and continue to face violations of their rights; whereas migration continues to be for many individuals a human journey marred by suffering , discrimination and violence; whereas the european union , as a historic region of both emigration and immigration and as a community united by founding values of human dignity , freedom and human rights , has a particular duty to respect , protect and promote the rights of migrants , notably in its external dealings; ### a. whereas migration is a global phenomenon amplified by policies that create pull factors for migrants;


### 2. recalls that eu development cooperation must have as its main objective the reduction and eradication of poverty and that it must be based on partner countries’ development agendas , following a needs and rights-based approach , and not on eu domestic interests; ### 2. recalls that eu development cooperation must have as its main objective the reduction and eradication of poverty and that it must be based on the specific needs of partner countries , particularly the needs of those in the mostvulnerable situations;


### 3. takes note of the eu’s new pact on migration and asylum; expresses its regret that the proposed measures are insufficient to ensure respect for migrants’ human rights and is especially worried about the externalisation of eu border management and migration control; ### 3. takes note of the eu’s new pact on migration and asylum; expresses its regret that the proposed measures are insufficient to ensure an adequate eu border management and migration control;


### 4. insists on the need for humanitarian corridors and safe and legal migration pathways from neighbouring and developing countries into the eu; ### 4. notes the need for humanitarian corridors and safe and legal migration pathways from neighbouring and developing countries into the eu;


### 5. reiterates that neither development assistance nor bilateral or multilateral partnerships with developing countries must be conditional on cooperation on migration policies; ### deleted


### 6. calls for the eu to ensure that readmission agreements and agreements for cooperation on border management are only concluded with third countries that explicitly commit to respecting human rights and the rights enshrined in the un refugee convention , and to ensure that such cooperation does not lead to violations of those rights and offers operational means to nullify these agreements , seek remedy and ensure accountability should such violations occur; ### 6. calls for the eu to ensure that readmission agreements and agreements for cooperation on border management are only concluded with third countries that explicitly commit to respecting human rights and the rights enshrined in the un refugee convention , to ensure that such cooperation does not lead to violations of those rights and offers operational means to nullify these agreements , seek remedy and ensure accountability should such violations occur and to incorporate in such agreements concluded with third countries in which refugees and economic migrants are stranded with no possibility of returning to their countries of origin provisions and targets concerning education , employment and the teaching of the local language;


### 6. expresses its deep concern about the possible misuse of development funds for border control purposes , including those of the eu emergency trust fund for africa (eutf) , and the suspected human rights violations linked to the eutf in libya , ethiopia and niger; ### 6. expresses its deep concern about the possible misuse of development funds , including those of the eu emergency trust fund for africa (eutf) , and the suspected human rights violations linked to the eutf in libya , ethiopia and niger;


### 8. calls on the commission to establish an independent , transparent and effective monitoring mechanism , which entails periodic reports on the implementation of formal , informal and financial agreements that can potentially impact the rights of migrants and refugees in third countries , such as migration partnerships , readmission agreements , and international cooperation on migration management and governance , including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be transparent , participatory for civil society and field workers , and publicly available; insists on the need to ensure means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism; ### 8. calls on the commission to establish an independent , transparent and effective monitoring mechanism , which entails periodic reports on the implementation of formal , informal and financial agreements that can potentially impact the rights of migrants and refugees in third countries , such as migration partnerships , readmission agreements , and international cooperation on migration management and governance , including direct targeting of challenges connected to migration and forced displacement; emphasises that this monitoring mechanism must be transparent and public;


### 8. reiterates that the ndici budget dedicated to migration should be used to address the root causes of migration and not to control migratory flows or fund external border management. ### 8. reiterates that the ndici budget dedicated to migration should be used to address the root causes of migration by strengthening eu’s humanitarian and development policy and aid effectiveness in cooperation with partner countries’ authorities and relevant international and local ngos , including church and missionary organisations;


### 11. highlights the practical human rights implications stemming from the increasing number , and hence the extrajudicial nature , of informal arrangements on return and readmission , which are concluded in the absence of due democratic scrutiny and parliamentary oversight and are not subject to judicial scrutiny; calls on the commission to prioritise the conclusion of formal readmission agreements , thus ensuring full respect for article 218(6) teu , and to ensure that formal eu readmission agreements (euras) exclude the application of informal agreements; believes that parliament must assess the legality of informal agreements which include commitments on issues that fall within its competencies , such as readmission , and must be ready to undertake further action if these informal agreements appear to be incompatible with the treaties; ### 11. highlights the practical human rights implications stemming from the increasing number , and hence the extrajudicial nature , of informal arrangements on return and readmission , which are concluded in the absence of due democratic scrutiny and parliamentary oversight and are not subject to judicial scrutiny; calls on the commission to prioritise the conclusion of formal readmission agreements , thus ensuring full respect for article 218(6) teu , and to ensure that formal eu readmission agreements (euras) exclude the application of informal agreements;


### 15. calls for the extension of the mandate of the fundamental rights agency to allow it to exercise an advisory role in the external dimension of eu asylum and migration policies and its involvement in monitoring exercises; ### deleted


### 16. notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management , including return and readmission; stresses , however , that according to article 208 tfeu the primary objective of union development cooperation policy shall be the reduction and , in the long term , the eradication of poverty; calls , therefore , on the commission to ensure that policies on development cooperation do not contravene the principles enshrined in article 208 tfeu; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries , the rights of refugees and migrants , and their potential impact on regional migration patterns and contribution to local economies , and thus also undermines a wide range of rights stemming from the sustainable development goals; ### 16. welcomes the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management , including return and readmission; stresses that the priority objective of union development cooperation policy under article 208 tfeu must be to reduce and ultimately eradicate poverty in countries of origin and transit by developing local economies and so weakening the pull factors which lead economic migrants to risk their lives;


### 18. stresses the importance of allocating a substantial share of future eu funding in the field of migration to civil society groups in third countries for providing assistance and for the protection and monitoring of the rights of migrants , and of ensuring that a significant part of eu funding is earmarked for the improvement of human rights , international protection , and the future perspective of refugees; ### 18. stresses the importance of blocking funding to civil society groups that act as an illegal shuttle service to smuggle and traffic illegal migrants;


### 19. notes that the possibilities of mainstreaming migration policy in eu external policy are significantly broadened by the inclusion of migration in the thematic , geographical and rapid response component of the proposed neighbourhood , development , international cooperation instrument (ndici); notes with concern , however , that through the ‘rapid response’ component , cooperation with third countries on migration management can be funded without the need for the commission to publish any programming documents or consult civil society actors , and without the involvement of parliament , including in the framework of the ‘migration preparedness and crisis blueprint’ , which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021-2027 multiannual financial framework is accompanied by a robust human rights framework for the identification , implementation and monitoring of future migration cooperation programmes; ### 19. notes that the possibilities of mainstreaming migration policy in eu external policy are significantly broadened by the inclusion of migration in the thematic , geographical and rapid response component of the proposed neighbourhood , development , international cooperation instrument (ndici);


### 22. recalls the commitment of the eu and its member states under the global compact on refugees to share responsibility for the protection of refugees and ease the pressure on host countries; stresses in this regard that the eu and its member states should contribute to a more structural and substantial funding of the regions hosting most refugees , and should not use financial means to shift responsibility for the protection of refugees to third countries; reiterates the importance of fully implementing the 23 objectives of the global compact for safe , orderly and regular migration; believes that parliament must ensure the proper scrutiny of the implementation of both compacts by the eu; ### deleted