### 23. calls for the eu and its member states to pursue a migration policy that fully reflects the human rights of migrants as enshrined in both international and regional law; calls on the eeas , the commission and the member states to engage with third countries on the rights of migrants as an integral dimension of the eu’s human rights policy; insists that the human rights and migration nexus be adequately covered within the framework of bilateral eu human rights dialogues with the relevant countries; calls on the eu delegations in those countries to monitor closely the rights of migrants , particularly in countries of transit; insists on the proactive engagement of the eu in countries where human rights defenders and civil society organisations , including those who are protecting the lives of migrants and asylum seekers who are at risk , are under threat or are being criminalised for their legitimate work; ### 23. calls for the eu and its member states to pursue a migration policy that fully reflects the wishes of the indigenous community of europe; insists that human rights defenders and civil society organisations comply with national and international law and cease activities that create pull factors for illegal migrants to come to the eu;


### 24. calls for the eu to carry out a global campaign to support universal ratification of the geneva convention relating to the status of refugees; urges member states to lead by example by adhering to the un convention on the rights of migrant workers , as one of the core un human rights conventions; ### 24. calls for the eu member states to interpret the geneva convention as was originally intended;


### 25. believes that the eu must take a leading role in supporting policy and normative developments in relation to the rights of migrants in multilateral fora; calls on the commission and the member states to provide financial and political support for the relevant international and regional bodies , including ngos , the international committee of the red cross , the un high commissioner for refugees (unhcr) and unrwa , as well the ohchr and the un special rapporteur on the human rights of migrants; ### 25. believes that the eu must not take a leading role in supporting policy and normative developments in relation to the rights of migrants in multilateral fora;


### 25. believes that the eu must take a leading role in supporting policy and normative developments in relation to the rights of migrants in multilateral fora; calls on the commission and the member states to provide financial and political support for the relevant international and regional bodies , including ngos , the international committee of the red cross , the un high commissioner for refugees (unhcr) and unrwa , as well the ohchr and the un special rapporteur on the human rights of migrants; ### 25. believes that the eu must take a leading role in supporting policy and normative developments in relation to the rights of migrants in multilateral fora; calls on the commission and the member states to provide financial and political support for the relevant international and regional bodies;


### a. whereas the effects of climate change and continued environmental degradation threaten the effective enjoyment of human rights , including the rights to life , food security , safe drinking water and sanitation , health , housing , self-determination , work and development , as outlined in un human rights council resolution 41/21; ### a. whereas the effects of climate change and continued environmental degradation are negatively factoring in to the effective enjoyment of human rights , including the rights to life , food security , safe drinking water and sanitation , health , housing , self-determination , work and development , as outlined in un human rights council resolution 41/21;


### 1. stresses that human rights and a healthy planet are mutually dependent; calls for the eu and its member states to act as a credible and reliable partner on the global stage through the adoption , strengthening and implementation of legislation aligned with a comprehensive human rights-based approach to climate action (hrba) , to guide policies and measures of climate change mitigation and adaptation while protecting the rights of all; ### 1. stresses that human rights and a healthy planet are both of the essence and linked; calls for the eu and its member states to act as a credible and reliable partner on the global stage through the adoption , strengthening and implementation of standards and guidelines , aligned with a comprehensive human rights-based approach to climate action (hrba) , to guide policies and measures of climate change mitigation and adaptation while protecting the rights of all;


### 3. believes that in the next few years climate change will create more environmental migrants from developing countries , and that in order to better protect their human rights , environmental refugee status needs international recognition; ### 3. recognizes that migration is becoming a part of the response to climate change especially in developing and least developed countries , calls for international cooperation in managing climate migration , taking into consideration however that the main causes of migration are economic , social and political;


### 4. deems that the introduction of binding eu legislation on business due diligence can help improve the defence of human rights and compliance with environmental standards in the fight against climate change in developing countries; calls on the commission to continue working towards the approval of the un binding treaty for transnational corporations on human rights; ### 4. deems that effective implementation of national and international legislation on business due diligence can help improve the defence of human rights and compliance with environmental standards in the fight against climate change in developing countries;


### 5. urges the commission to establish a horizontal monitoring programme on human rights and climate change in order to assess the progress in integrating and mainstreaming human rights into all aspects of climate action at domestic and international level in close cooperation with the un human rights council / un high commissioner on human rights; calls for the union , in this regard , to introduce the right to a safe and healthy environment in the charter of fundamental rights of the eu; ### 5. urges the commission to continue monitoring human rights and climate change in close cooperation with the un human rights council / un high commissioner on human rights; stresses in this regard the importance of close cooperation with member states and all actors involved in ensuring the proper implementation of human rights and environmental provisions; recalls further the importance of supporting small organisations and corporations and economically weaker member states in their efforts to providing for the best conditions possible;


### c. whereas addressing climate change raises issues of justice and equity , both between and within nations and generations; whereas access to justice in environmental matters , access to information and public participation in decision-making are enshrined under implementing principle 10 of the rio declaration on environment and development , the aarhus convention of 25 june 1998 and the escazu convention of 4 march 2018; ### c. whereas addressing climate change raises issues of justice in environmental matters , in particular access to justice , access to information and public participation in decision-making , which are enshrined under implementing principle 10 of the rio declaration on environment and development , the aarhus convention of 25 june 1998 and the escazu convention of 4 march 2018;


### d. whereas environmental degradation , climate change and unsustainable development constitute some of the most pressing and serious threats to the ability of present and future generations to enjoy multiple human rights; whereas parties to the unfccc have an obligation to take effective measures to mitigate climate change , enhance the adaptive capacity of vulnerable populations and prevent foreseeable loss of life; ### d. whereas the causal link between environmental degradation , climate change and unsustainable development , as well as the restrictions on the enjoyment of multiple human rights , must be scientifically verified; whereas parties to the unfccc ought to advocate enhanced cooperation at international level to identify and protect the most vulnerable populations;


### f. whereas approaching climate change from a human rights perspective highlights the principles of universality and non-discrimination , emphasising that rights are guaranteed for all persons in the world , including vulnerable groups; ### deleted


### g. whereas states have an ethical and inter-generational responsibility to take action to protect present and future generations from negative human rights impacts of climate change; ### g. whereas states are increasingly proactive in terms of policy and cooperation with other states with the goal to agree on ethical standards and to take action to protect present and future generations from negative human rights impacts of climate change;


### g. whereas states have an ethical and inter-generational responsibility to take action to protect present and future generations from negative human rights impacts of climate change; ### g. whereas states have an ethical and inter-generational responsibility to take action to guarantee that present and future generations have full enjoyment of their human rights;


### h. whereas it is widely recognised that the human rights obligations of states and the human rights responsibilities of the private sector have specific implications in relation to climate change; whereas failure to protect the environment and those who defend it is contrary to the legally binding human rights obligations of states and could constitute a violation of the right to a healthy environment; ### deleted


### i. whereas the paris agreement is the first international treaty to explicitly recognise the link between climate action and human rights , thus allowing the use of existing human rights-related legal instruments to urge states and private corporates to reduce emissions; whereas the are no concrete instruments within the paris agreement to hold state and corporate actors accountable; ### i. whereas the paris agreement is the first international treaty to explicitly recognise the link between climate action and human rights , thus allowing the use of existing human rights-related legal instruments to urge states and private corporates to reduce their environmental footprint;


### k. whereas several outstanding legal cases have paved the way towards accountability via the documentation of human rights violations following failures by states and corporate actors in addressing the consequences of climate change; ### k. whereas several legal cases have documented human rights violations linked to failures or inabilities by states and corporate actors in addressing the consequences of climate change;


### m. whereas climate change impacts are asymmetric and their adverse effects are destructive for present and future generations , especially in developing countries; whereas climate change intensely affects developing countries and exacerbates existing social and economic inequalities , causing vulnerable groups such as indigenous peoples , women , children , persons with disabilities , refugees and displaced people to suffer disproportionately from its adverse effects; ### m. whereas climate change impacts are asymmetric and their adverse effects are destructive for present and future generations , especially in developing countries; whereas climate change intensely affects developing countries and exacerbates existing social and economic inequalities , causing vulnerable groups to suffer disproportionately from its adverse effects;


### n. whereas climate change is an increasingly important contributor to displacement and migration , both within nations and across international borders; whereas 80 % of people displaced by climate change are women , according to the undp; ### n. whereas , according to figures set out in ‘climate change and disaster mitigation. gender makes the difference’ , women’s environmental network , l. de aguilar (2004) , 80 % of people displaced by climate change are women;


### o. whereas covid-19 restrictions and lockdowns have reduced transparency and monitoring of human rights violations , and have intensified political intimidation and digital surveillance , while limiting access to justice and the abilities of environmental defenders and local and indigenous communities to effectively participate in decision-making processes; whereas lockdowns of indigenous communities have limited their ability to patrol and protect their territories; ### deleted


### q. whereas climate change could reverse human development by reducing agricultural productivity , increasing food and water insecurity , increasing exposure to extreme natural disasters , causing the collapse of ecosystems and increasing health risks; ### q. whereas climate change could potentially reverse human development by reducing agricultural productivity , increasing food and water insecurity , increasing exposure to extreme natural disasters , causing the collapse of ecosystems and increasing health risks;


### t. whereas violence against women environmental activists and defenders of environmental rights has become a well-documented trend; ### t. whereas any violence against those involved in the defence of the environment must be countered in compliance with the rule of law and through diplomatic means;


### u. whereas environmental defenders are on the front line of climate action and accountability; whereas human rights bodies have increasingly drawn attention to the need to specifically protect environmental defenders; whereas the shrinking space for civil society is a global phenomenon that is disproportionally affecting human rights defenders who are working on environmental and land issues and who are often in rural and isolated areas with reduced access to protection mechanisms; ### u. whereas environmental defenders are on the front line of climate action and accountability; whereas human rights bodies have increasingly drawn attention to the need to specifically protect environmental defenders; whereas the shrinking physical space for civil society is a global phenomenon that is consequently affecting human rights defenders who are working on environmental and land issues and who are often in rural and isolated areas with reduced access to protection mechanisms;


### y. whereas the escazu agreement is the first regional agreement on access to information , public participation and justice in environmental matters in latin america and the caribbean; whereas the escazu agreement , which has been open for ratification since 1 september 2019 , is the first treaty to establish the right to a healthy environment (article 4); ### y. whereas the escazu agreement is the first regional agreement on access to information , public participation and justice in environmental matters in latin america and the caribbean; whereas the escazu agreement , which has been open for ratification since 1 september 2019 , is the first treaty to establish the right to a healthy environment (article 4); whereas the escazu agreement may serve as an inspiration for other regions , facing similar challenges; reiterates the importance of regional cooperation;


### 7. encourages the eu and the member states to take a bold initiative within the international criminal court (icc) in order to pave the way towards new negotiations between the parties with a view to recognising ‘ecocide’ as an international crime under the rome statute; ### deleted


### 8. calls on the union and its member states to deeply assess how the external dimension of the european green deal can best contribute to a holistic and human rights-based approach to climate action and to stopping biodiversity loss; calls for the eu to leverage the broad range of external policies , tools and political and financial instruments at its disposal to implement it; calls for the eu to revise its climate finance mechanisms in order to ensure full respect for human rights and to establish strong safeguards for this purpose; ### 8. calls on the union and its member states to assess the external dimension of the european green deal with regards to climate action and biodiversity loss; calls for the eu to leverage the broad range of external policies , tools and political and financial instruments at its disposal to implement it; calls for the eu to review its climate finance mechanisms and propose to amend them where appropriate , in order to ensure full respect for human rights and to establish strong safeguards for this purpose;


### 9. calls on the commission to increase financial and technical assistance and capacity building activities to support third countries with the integration of human rights in their national climate actions and programmes; recalls its position that at least 45 % of the funding from the proposed 2021-2027 neighbourhood , development and international cooperation instrument (ndici) should support climate and environment objectives; ### 9. calls on the commission to review and possibly revise , where appropriate , financial and technical assistance and capacity building activities to support third countries with the integration of human rights in their national climate actions and programmes;


### 11. acknowledges the impact of the nexus of climate change , environmental degradation and disasters on migration and displacement and regrets the lack of human rights safeguards and specific protections for environmentally displaced people at international level; calls on the commission and the member states to cooperate in the development of an international mechanism for addressing climate-induced displacement and migration at international forums and to address climate-induced displacement in related fields of the eu’s external action; insists on gender-based participation in fulfilling the rights of all individuals , notably those most vulnerable to the negative impacts of climate change such women , children , afro-descendent and indigenous communities , individuals subjected to discrimination , and persons often living in poor and remote areas; ### 11. acknowledges the impact of the nexus of climate change , environmental degradation and disasters on migration and displacement and regrets the lack of human rights safeguards and specific protections for environmentally displaced people at international level; calls on the commission and the member states to cooperate in the development of an international mechanism for addressing climate-induced displacement and migration at international forums and to address climate-induced displacement in related fields of the eu’s external action;


### 12. recalls the fact that the inequality , violence and discrimination experienced by women are amplified by climate change; calls on the eu and its member states to design and implement policies with a transversal gender perspective in the fields of trade , cooperation , climate and external action , promoting the empowerment and participation of women in the decision-making process and recognising the specific constraints faced by girls and women; ### 12. recalls the fact that the inequality , violence and discrimination experienced by women are amplified by climate change;


### covid-19 response ### deleted


### 13. stresses that the global covid-19 pandemic perfectly illustrates the impact of environmental degradation in creating the conditions for an increase of zoonosis with severe health , social , economic and political consequences; calls on the commission and eu member states to commit to putting environmental rights , and those who protect them , at the centre of any response to the covid-19 pandemic; ### deleted


### 14. expresses its deep concern that a global recession caused by the covid-19 pandemic might lower , delay or shift states’ commitments in terms of international climate objectives and human rights standards; calls on the eu and its member states to ensure that policies envisaged for the economic recovery will be fully in line with the promotion and the protection of human rights as enshrined in article 21 of the lisbon treaty as well as with environmental protection and sustainable development; ### deleted


### 15. urges the vice-president of the commission / high representative of the union for foreign affairs and security policy (vp/hr) , the commission and the member states to advocate for an effective response to the covid-19 crisis which fully takes into consideration the importance of respecting , protecting and fulfilling the right to a safe , clean , healthy and sustainable environment , as a bulwark to prevent future environmental and health crises which have the potential to put basic human rights at risk; calls on the commission and the european external action service (eeas) to increase their climate and environment ambition in the light of the covid-19 crisis and to shape an ambitious strategic approach to climate diplomacy; ### deleted


### 16. expresses concern that emergency and lockdown measures taken in response to covid-19 may have been misused in several parts of the world by political authorities , security forces , and non-state armed groups to limit , intimidate and murder human rights defenders including environmental and land defenders; recalls , in this regard , how indigenous defenders have also been disproportionately vulnerable to covid-19 as a result of weak health infrastructure in remote areas and government neglect; ### deleted


### 23. regrets the fact that , even if fully implemented by all states , current nationally determined contributions (ndcs) would lead to a disastrous global temperature rise of 3 °c above pre-industrial levels , violating the paris agreement; warns that such a scenario would result in extreme climatic and environmental impacts and widespread adverse effects on human rights; ### 23. notes that , even if fully implemented by all states , current nationally determined contributions (ndcs) would likely lead to a disastrous global temperature rise of 3 °c above pre-industrial levels , violating the paris agreement; warns that such a scenario would result in extreme climatic and environmental impacts and widespread adverse effects on human rights;


### 26. urges the eu’s institutions to play an active and ambitious role in the promotion of a human rights approach in the ongoing international climate negotiations , notably in the sustainable development mechanism and other guidelines for mechanisms under article 6 , paragraph 4 of the paris agreement , that ensure meaningful and informed participation of rights-holders , adequate environmental and social safeguards , and independent redress mechanisms; ### 26. urges the eu’s institutions to cooperate closely in the promotion of a human rights approach in the ongoing international climate negotiations , notably in the sustainable development mechanism and other guidelines for mechanisms under article 6 , paragraph 4 of the paris agreement , that ensure meaningful and informed participation of rights-holders , adequate environmental and social safeguards , and independent redress mechanisms;


### 28. calls on the secretariat of the unfccc to develop , together with the parties to the convention , a common legal framework for climate justice; ### deleted


### 30. underlines its view that human rights laws and institutions that are commonly used to bridge the governance accountability gap can by no means replace effective measures to prevent and redress harm caused by climate change; considers that national human rights institutions (nhris) and civil society may play an effective role in national accountability and oversight mechanisms designed to ensure access to remedy for those who suffer human rights harms as a result of climate change; ### deleted


### 31. believes that the eu must play an active , strong and ambitious leadership role in the preparations for the 26th un climate change conference (cop26) , putting the inclusion of human rights principles at the heart of international climate change policymaking in order to avoid irreversible damage to current and future human development and generations; ### 31. believes that the eu must play an active and engaged role in the preparations for the 26th un climate change conference (cop26) , putting the inclusion of human rights principles at the heart of international climate change policymaking in order to avoid irreversible damage to current and future human development and generations;


### 33. recalls that member states are required to regulate corporations to ensure that they do not cause human rights abuses and that private and corporate actors have the obligation to address the human rights implications of climate change , in line with the un guiding principles on business and human rights; ### 33. recalls that member states are required to monitor corporations to ensure that they do not cause human rights abuses and that private and corporate actors have the obligation to address the human rights implications of climate change , in line with the un guiding principles on business and human rights;


### 2. considers that today’s environmental degradation has far-reaching consequences for a wide range of human rights; considers that prevention and criminal sanctions are important deterrents against environmental damage; ### 2. believes that the damage to the environment must be compensated; considers that dissuasive and proportionate sanctions could be deterrents against environmental damage;


### 2. observes that the discretionary powers set out in the eld and the weak mechanisms for securing compliance and effective governance at national , regional and local level have led to implementation deficiencies , considerable variability between member states in the number of cases , and an uneven playing field for operators; is therefore of the opinion that additional efforts are required to ensure regulatory standardisation in the eu and increased public confidence in the effectiveness of eu laws; ### 2. observes that the mechanisms set out in the eld for securing compliance and effective governance at national , regional and local level need to be reviewed to assess their effectiveness; is of the opinion that additional efforts are required to ensure better harmonisation of rules in the eu;


### 4. regrets that in many member states , the budgets of environmental inspectorates have stagnated or decreased due to the financial crisis and that even large , well-resourced authorities can find it difficult to independently develop knowledge of the best ways to ensure compliance; is thus of the opinion that stronger support at eu level is needed , for example through accessible information portals , commonly used networks (eu networks for practitioners) , best practice information and guidance , additional training programmes , training materials and guidance on skills , as this could increase the pressure on ‘black sheep’ companies and benefit companies that respect the law; ### 4. notes that in many member states , the decision has been taken to prioritise resources that limit or freeze the budgets of environmental inspectorates in return for increased provisions to mitigate the effects of the numerous crises that have hit member states; notes the lack of development of the market itself , probably owing to a lack of incentives for private businesses or the little profit generated by this sector , meaning that even large , well-resourced authorities can find it difficult to independently develop knowledge of the best ways to ensure compliance; is thus of the opinion that the union should examine non-financial tools it should promote to receive more support at eu level , for example through accessible information portals , commonly used networks (eu networks for practitioners) , best practice information and guidance , additional training programmes , training materials and guidance on skills , in coordination with national authorities;


### 5. takes the view that one of the various causes of the insufficient harmonisation of the eld is the failure to provide for the application of a standard administrative procedure for notifying competent authorities of imminent threats of or actual environmental damage; regrets therefore that there is no obligation to publish such notifications or information about how cases are dealt with; notes that some member states have identified this limitation in their national legislation and have consequently set up databases for notifications , incidents and cases; points out , however , that the practice varies greatly from member state to member state and is rather limited; ### 5. takes the view that one of the various causes of the insufficient harmonisation of the eld is the failure to provide for the application of a standard administrative procedure for notifying competent authorities of imminent threats of or actual environmental damage; regrets therefore that there is no obligation to publish such notifications or information about how cases are dealt with; notes that some member states have identified this limitation in their national legislation and have consequently set up databases for notifications , incidents and cases; points out , however , that the practice varies greatly from member state to member state and is rather limited , mainly on account of the potential discrepancies with data protection regulations , financial disclosure or trade secrets;


### 7. calls on the commission to explore the possibility of extending the mandate of the eppo in future to cover such offences; ### deleted


### 7. underlines that in almost all eld cases , operators cooperate with administrative authorities to work towards remediation; notes , however , that the average cost of remedial action is eur 42 00019 , but that costs were substantially higher in a few significant cases; regrets therefore that in those cases , cost recovery was impossible due to the operator’s insolvency , and that as a result , costs had to be covered by the state , and indirectly the taxpayer , a phenomenon that has to be avoided in the future; ### deleted


### 8. calls for the eld to be revised as soon as possible and to be transformed into a fully harmonised regulation in order to achieve a level playing field for eu industry; ### 8. calls for the eld to be revised as soon as possible and for increased efforts to harmonise its implementation in the member states in order to achieve a level playing field for eu industry;


### 8. calls for the eld to be revised as soon as possible and to be transformed into a fully harmonised regulation in order to achieve a level playing field for eu industry; ### 8. calls for an assessment of whether it is appropriate , legal and opportune to revise the eld in order to achieve a level playing field for eu industry;


### h. whereas in some cases , corporate board members are aware of activities with a high risk of causing environmental damage , but put profit above responsible behaviour; ### deleted


### 9. is of the opinion that enforcement should be harmonised and that an eu eld task force made up of highly qualified experts and commission officials should be created to support the member states , upon request , with the implementation and enforcement of the directive on the one hand , and to support and advise victims of environmental damage on the available options for legal action at eu level on the other (comparable to solvit); ### deleted


### 10. believes that most definitions in the eld should be further clarified to make the directive fair and clear to all stakeholders and to keep pace with the rapid evolution of pollutants; welcomes therefore the current efforts to develop a common understanding document (cud) on key eld definitions and concepts; regrets , however , that the commission and the eld government expert groups did not reach an agreement on its format , meaning that the cud remains a document produced by the consultancy which was hired by the commission to support the implementation of the 2017-2020 multi-annual eld work programme; ### 10. believes that most definitions in the eld should be further clarified to make the directive fair and clear to all stakeholders and to keep pace with the rapid evolution of pollutants; welcomes therefore the current efforts to develop a common understanding document (cud) on key eld definitions and concepts;


### 10. believes that most definitions in the eld should be further clarified to make the directive fair and clear to all stakeholders and to keep pace with the rapid evolution of pollutants; welcomes therefore the current efforts to develop a common understanding document (cud) on key eld definitions and concepts; regrets , however , that the commission and the eld government expert groups did not reach an agreement on its format , meaning that the cud remains a document produced by the consultancy which was hired by the commission to support the implementation of the 2017-2020 multi-annual eld work programme; ### 10. regrets the lack of clarity and precision of most of the regulations drafted at eu level , such as in the case of the definitions in the eld; considers that the legislator should simplify and facilitate the drafting of eu legislation and even define the objectives of the legislation; welcomes therefore the current efforts to develop a common understanding document (cud) on key eld definitions and concepts; regrets , however , that the commission and the eld government expert groups did not reach an agreement on its format , meaning that the cud remains a document produced by the consultancy which was hired by the commission to support the implementation of the 2017-2020 multi-annual eld work programme;


### 11. asks the commission to undertake a study to establish whether extending the scope of the eld to align it with other pieces of eu legislation , including the ecd , could limit short- and long-term damage to the environment , human health and air quality; asks the commission , furthermore , to assess whether the precautionary principle approach properly presupposes potentially dangerous risks or effects; ### deleted


### 12. calls on the commission to assess whether it would be appropriate to introduce parental and chain liability for damage caused to human health and the environment20; ### deleted


### 13. is of the opinion that the optional permit and state-of-the art defences should only be maintained when a company can prove that it could not have known about the danger of its activity (reversed burden of proof); ### 13. is of the opinion that , in any event , the universally recognised presumption of innocence must be respected and that each party , even the authorities , must offer proof to support its claims;


### 14. calls on the commission to align the eld with civil liability legislation for corporate boards in cases where a corporate board has taken irresponsible decisions causing environmental damage or when it was aware of , but did nothing to prevent , polluting activities carried out to maximise the profit of the company and increase the bonuses of its members21; ### deleted


### 14. calls on the commission to align the eld with civil liability legislation for corporate boards in cases where a corporate board has taken irresponsible decisions causing environmental damage or when it was aware of , but did nothing to prevent , polluting activities carried out to maximise the profit of the company and increase the bonuses of its members21; ### 14. calls on the commission to examine the possibility of aligning the eld with civil liability legislation for corporate boards , making the members of corporate boards liable for decisions taken while clearly and irrefutably aware of the adverse consequences on the environment;


### 15. asks the commission to look into the possibility of introducing a mandatory financial security system (covering insurance , bank guarantees , company pools and bonds or funds) with a maximum threshold per case , aiming to prevent taxpayers from having to bear the costs resulting from remediation of environmental damage; asks the commission , in addition , to develop a harmonised eu methodology for calculating the maximum liability threshold , taking into account the activity and the impact on the environment; ### deleted


### 15. asks the commission to look into the possibility of introducing a mandatory financial security system (covering insurance , bank guarantees , company pools and bonds or funds) with a maximum threshold per case , aiming to prevent taxpayers from having to bear the costs resulting from remediation of environmental damage; asks the commission , in addition , to develop a harmonised eu methodology for calculating the maximum liability threshold , taking into account the activity and the impact on the environment; ### 15. asks the commission to examine the potential benefits of introducing a financial security system (covering insurance , bank guarantees , company pools and bonds or funds) with a maximum threshold per case , aiming to prevent taxpayers from having to bear the costs resulting from remediation of environmental damage; asks the commission , in addition , to develop a harmonised eu methodology for calculating the maximum liability threshold , taking into account the activity and the impact on the environment;


### 16. considers that , given the purpose of the eld is to prevent and remedy environmental damage , a future regulation (environmental liability regulation) should be applicable to all companies that operate in the eu , regardless of where they have been incorporated or where they are based , and that a holistic approach and reciprocity are necessary to meet the needs of companies in a global economy; ### 16. considers that , given the purpose of the eld is to prevent and remedy environmental damage , a future regulation (environmental liability regulation) should be applicable to all companies , whether european or not , that operate in the internal market , even those whose activities have been harmful to the environment outside the eu but intend to undertake or continue operations within the eu , for example , denying them subsidies or banning them from competing in public tenders; considers , furthermore , that the application of the future regulation should be extended to any ngo , foundation or association that receives european , national or regional funds and which causes or may cause environmental damage in the course of its activities;


### 16. considers that , given the purpose of the eld is to prevent and remedy environmental damage , a future regulation (environmental liability regulation) should be applicable to all companies that operate in the eu , regardless of where they have been incorporated or where they are based , and that a holistic approach and reciprocity are necessary to meet the needs of companies in a global economy; ### 16. considers that , given the purpose of the eld is to prevent and remedy environmental damage , the results of its review should be applicable to companies that operate in the eu , regardless of where they have been incorporated or where they are based;


### 17. is of the opinion that in cases of extremely widespread pollution , not just environmental liability instruments , but a multitude of instruments , including administrative measures , financial penalties and in some cases criminal prosecution , should be applied to remedy the problem; ### 17. recalls that article 3 of directive 2008/99 of 19 november 2008 breaks down actions classified as punishable under criminal law for damaging the environment; welcomes the fact that countries such as spain have included crimes against the environment in its criminal code , such as blatant cases of extremely widespread pollution; welcomes the fact that annex ii of the eld embodies a common framework so that the most measures can be selected to ensure that environmental damage is remedied; considers that the commission should publish all resources and tools contained in various eu laws so that member states can combat and/or prevent any environmental damage;


### 17. is of the opinion that in cases of extremely widespread pollution , not just environmental liability instruments , but a multitude of instruments , including administrative measures , financial penalties and in some cases criminal prosecution , should be applied to remedy the problem; ### 17. is of the opinion that in cases of extremely widespread pollution , not just environmental liability instruments , but a multitude of instruments , including administrative measures and financial penalties should be applied to remedy the problem;


### e. whereas europol has designated the threat level from jihadi terrorists as high , and whereas in 2018 , they were responsible for all deaths from terror attacks in the eu; ### e. whereas europol has designated the threat level from jihadi terrorists as extremely high , and whereas in 2018 , they were responsible for all deaths from terror attacks in the eu;


### 1. grants the executive director of the european border and coast guard agency discharge in respect of the implementation of the agency’s budget for the financial year 2018 / postpones its decision on granting the executive director of the european border and coast guard agency discharge in respect of the implementation of the budget of the agency for the financial year 2018; ### 1. grants the executive director of the european border and coast guard agency discharge in respect of the implementation of the agency’s budget for the financial year 2018;


### 9. notes that 2018 was the third year of the five-year growth plan following the adoption of regulation (eu) 2016/1624 that significantly increased resources in the area of budget and staff; notes that , following the extension of its mandate , the agency’s staff is to reach 1 000 by 2020; notes in light of comments and observations from the discharge authority which stressed that the planned increase in staff would require additional office space , that an analysis to identify the optimal real-estate strategy is under preparation and is expected to commit the budgetary authority in the fourth quarter 2019 or first quarter of 2020; ### 9. notes that 2018 was the third year of the five-year growth plan following the adoption of regulation (eu) 2016/1624 that significantly increased resources in the area of budget and staff; notes that , following the extension of its mandate , the agency’s staff is to reach 1 000 by 2020; notes in light of comments and observations from the discharge authority which stressed that the planned increase in staff would require additional office space , that an analysis to identify the optimal real-estate strategy is under preparation;


### 12. notes , in light of comments and observations from the discharge authority related to the need to develop a comprehensive business continuity plan , that a business continuity officer was nominated in 2018 and an ad interim business continuity policy and business continuity plan will be adopted by the end of 2019; ### 12. notes , in light of comments and observations from the discharge authority related to the need to develop a comprehensive business continuity plan , that a business continuity officer was nominated in 2018;


### 15. acknowledges the agency’s existing measures and ongoing efforts to secure transparency , prevention and management of conflicts of interest , and whistle-blower protection; notes that the whistleblowing policy was adopted on 18 july 2019; furthermore , notes that with the aim of being more transparent , the agency launched a multilingual version of its website in all 24 official languages of the union and that the communication strategy will be adopted by the end of 2019; ### 15. acknowledges the agency’s existing measures and ongoing efforts to secure transparency , prevention and management of conflicts of interest , and whistle-blower protection; notes that the whistleblowing policy was adopted on 18 july 2019; furthermore , notes that with the aim of being more transparent , the agency launched a multilingual version of its website in all 24 official languages of the union;


### 1. grants the director of the european monitoring centre for drugs and drug addiction discharge in respect of the implementation of the centre’s budget for the financial year 2018 / postpones its decision on granting the director of the european monitoring centre for drugs and drug addiction discharge in respect of the implementation of the budget of the centre for the financial year 2018; ### 1. grants the director of the european monitoring centre for drugs and drug addiction discharge in respect of the implementation of the centre’s budget for the financial year 2018;


### 4. notes that , in the case of five low-value procurement procedures below eur 60 000 , only one candidate submitted a tender; acknowledges the challenges to attract tenderers for low-value contracts but urges the centre to undertake greater efforts to ensure competitive procurement procedures irrespective of their value with a view to guarantee best price-quality ratio procurements; ### 4. notes that , in the case of five low-value procurement procedures below eur 60 000 , only one candidate submitted a tender; acknowledges the challenges to attract tenderers for low-value contracts but urges the centre to undertake greater efforts to ensure competitive procurement procedures irrespective of their value with a view to guarantee best price-quality ratio procurements and without prejudice to the principles of proportionality and equal treatment of all potential tenderers;


### 1. reiterates the role of the fundamental rights agency (‘fra’ or ‘the agency’) in helping to ensure that the fundamental rights of people living in the union are protected; highlights in particular the value of the agency’s studies and opinions for the development of union legislation; ### 1. reiterates the role of the fundamental rights agency (‘fra’ or ‘the agency’) in helping to ensure that the fundamental rights of people living in the union are protected; highlights in particular the value of the agency’s studies and opinions for the development of union legislation; stresses the fact that the agency has an advisory function;


### 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 2018 / 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 2018; ### 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 2018;


### (42) upon receipt of a european preservation order certificate (‘epoc-pr’) , the service provider should preserve requested data for a maximum of 60 days unless the issuing authority informs the service provider that it has launched the procedure for issuing a subsequent request for production , in which case the preservation should be continued. the 60 day period is calculated to allow for the launch of an official request. this requires that at least some formal steps have been taken , for example by sending a mutual legal assistance request to translation. following receipt of that information , the data should be preserved as long as necessary until the data is produced in the framework of a subsequent request for production. ### (42) upon receipt of a european preservation order certificate (‘epoc-pr’) , the service provider should preserve requested data for a maximum of 90 days unless the issuing authority informs the service provider that it has launched the procedure for issuing a subsequent request for production , in which case the preservation should be continued. the 90 day period is calculated to allow for the launch of an official request. this requires that at least some formal steps have been taken , for example by sending a mutual legal assistance request to translation. following receipt of that information , the data should be preserved as long as necessary until the data is produced in the framework of a subsequent request for production.


### (51) where conflicting obligations exist , the court should determine whether the conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence. in carrying out this assessment , the court should take into account whether the third country law , rather than being intended to protect fundamental rights or fundamental interests of the third country related to national security or defence , manifestly seeks to protect other interests or is being aimed to shield illegal activities from law enforcement requests in the context of criminal investigations. where the court concludes that conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence , it should consult the third country via its central authorities , which are already in place for mutual legal assistance purposes in most parts of the world. it should set a deadline for the third country to raise objections to the execution of the european production order; in case the third country authorities do not respond within the (extended) deadline despite a reminder informing them of the consequences of not providing a response , the court upholds the order. if the third country authorities object to disclosure , the court should lift the order. ### (51) where conflicting obligations exist , the court should determine whether the conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence. in carrying out this assessment , the court should take into account whether the third country law , rather than being intended to protect fundamental rights or fundamental interests of the third country related to national security or defence , manifestly seeks to protect other interests or is being aimed to shield illegal activities from law enforcement requests in the context of criminal investigations. where the court concludes that conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence , it should consult the third country via its central authorities , which are already in place for mutual legal assistance purposes in most parts of the world. it should set a deadline for the third country to raise objections to the execution of the european production order; in case the third country authorities do not respond within the (extended) deadline , the court upholds the order. if the third country authorities object to disclosure , the court should lift the order.


### 1. this regulation lays down the rules under which an authority of a member state may order a service provider offering services in the union , to produce or preserve electronic evidence , regardless of the location of data. this regulation is without prejudice to the powers of national authorities to compel service providers established or represented on their territory to comply with similar national measures. ### 1. this regulation lays down the rules under which an authority of a member state may order a service provider offering services in the union , to produce or preserve electronic information that may serve as evidence in criminal proceedings , regardless of the location of data. this regulation is without prejudice to the powers of national authorities to compel service providers established or represented on their territory to comply with similar national measures.


### (3) ‘service provider’ means any natural or legal person that provides one or more of the following categories of services: ### (3) ‘service provider’ means any natural or legal person that provides at least one of the following categories of services:


### internet domain name and ip numbering services such as ip address providers , domain name registries , domain name registrars and related privacy and proxy services; ### services related to the provision of internet domain name and ip numbering services such as ip address providers , domain name registries , domain name registrars and related privacy and proxy services;


### internet domain name and ip numbering services such as ip address providers , domain name registries , domain name registrars and related privacy and proxy services; ### services related to the provision of internet domain name and ip numbering services such as ip address providers , domain name registries , domain name registrars or privacy and proxy services;


### having a substantial connection to the member state(s) referred to in point (a); ### having a substantial connection to the member state(s) referred to in point (a); such a substantial connection to the member state(s) is considered to exist where the service provider has an establishment in the union; in the absence of such establishment , substantial connection is identified on the basis of the existence of a significant number of users in one or more member states , or the targeting of activities towards one or more member states which can be determined on the basis of all relevant circumstances such as , among others , the use of a language or currency used in that member state or the availability of an 'app' in the relevant national app store; a substantial connection is also to be assumed where a service provider directs its activities towards one or more member states as set out in article 17(1)(c) of regulation 1215/2012;


### (5) ‘establishment’ means either the actual pursuit of an economic activity for an indefinite period through a stable infrastructure from where the business of providing services is carried out or a stable infrastructure from where the business is managed; ### (5) ‘establishment’ means either the actual pursuit of an economic activity for an indefinite period through a stable infrastructure from where the provision of services is carried out or the place of the business' central administration.


### (6) ‘electronic evidence’ means evidence stored in electronic form by or on behalf of a service provider at the time of receipt of a production or preservation order certificate , consisting in stored subscriber data , access data , transactional data and content data; ### (6) ‘electronic information’ means evidence data stored in electronic form by or on behalf of a service provider at the time of receipt of a production or preservation order certificate , consisting in stored subscriber data , access data , transactional data and content data that might serve as evidence during the investigation , prosecution and legal proceedings regarding a criminal offence in a member state in accordance with national law;


### the identity of a subscriber or customer such as the provided name , date of birth , postal or geographic address , billing and payment data , telephone , or email; ### the identity of a subscriber or customer such as the provided name , date of birth , postal or geographic address , billing and payment data , telephone , email or ip address;


### the type of service and its duration including technical data and data identifying related technical measures or interfaces used by or provided to the subscriber or customer , and data related to the validation of the use of service , excluding passwords or other authentication means used in lieu of a password that are provided by a user , or created at the request of a user; ### the type of service and the duration of the subscription including other relevant suscription-related information and data identifying related technical measures or interfaces used by or provided to the subscriber or customer , and data related to the validation of the use of service , excluding passwords or other authentication means used in lieu of a password that are provided by a user , or created at the request of a user;


### (8) ‘access data’ means data related to the commencement and termination of a user access session to a service , which is strictly necessary for the sole purpose of identifying the user of the service , such as the date and time of use , or the log-in to and log-off from the service , together with the ip address allocated by the internet access service provider to the user of a service , data identifying the interface used and the user id. this includes electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications]; ### (8) ‘access data’ means technical identifiers related to a specific user access to a service , such as the user id , the date and time of use , the log-in to and log-off from the service , or the ip address; such data are deemed necessary for the sole purpose of identifying the user of the service and do not allow profiling an individual; electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications] are also included;


### (9) ‘transactional data’ means data related to the provision of a service offered by a service provider that serves to provide context or additional information about such service and is generated or processed by an information system of the service provider , such as the source and destination of a message or another type of interaction , data on the location of the device , date , time , duration , size , route , format , the protocol used and the type of compression , unless such data constitues access data. this includes electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications]; ### (9) ‘transactional data’ means data related to the provision of a service offered by a service provider that serves to provide context or additional information about such service and is generated or processed by an information system of the service provider , such as the source and destination of a message or another type of interaction , data on the location of the device , date , time , duration , size , route , format , the protocol used and the type of compression , unless such data constitutes access data. this includes electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications];


### (10) ‘content data’ means any stored data in a digital format such as text , voice , videos , images , and sound other than subscriber , access or transactional data; ### (10) ‘content data’ means any stored data related to the services provided by service providers in a digital format such as text , voice , videos , images , and sound other than subscriber , access or transactional data;


### 1. emphasises that the european asylum support office (‘easo’ or ‘the office’) contributes to enhanced practical cooperation of member states on asylum in europe , assists member states to fulfil their obligations and acts as a centre of expertise on asylum; ### 1. emphasises that the european asylum support office (‘easo’ or ‘the office’) contributes to enhanced practical cooperation of member states on asylum in europe , assists member states to fulfil their obligations and acts as a centre of expertise on asylum; stresses that the office should always respect the sovereignty of member states when carrying out its activities;


### 14. acknowledges from the office that , in 2018 , it began to implement the commission decision regarding whistleblowing and developed a practical guide for the management and prevention of conflicts of interests , which should be adopted by the management board by q3 of 2019 as well as rules for the protection of whistle-blowers; ### 14. acknowledges from the office that , in 2018 , it began to implement the commission decision regarding whistleblowing and developed a practical guide for the management and prevention of conflicts of interests , as well as rules for the protection of whistle-blowers;


### 17. deplores that , at the end of 2018 , the office did not have an internal audit capability and that there were no comprehensive internal audit service audit reports that had been issued since january 2018; furthermore , notes that the creation of ex-post controls to verify the legality and regularity of transactions was in its infancy; takes note on the office’s reply that it has agreed and documented corrective measures on the internal control systems including the creation of audit capability by q4 of 2019 and an ex-post internal control capability by q3 of 2019; calls on the office to report back to the discharge authority on the measures taken in that respect; ### 17. deplores that , at the end of 2018 , the office did not have an internal audit capability and that there were no comprehensive internal audit service audit reports that had been issued since january 2018; furthermore , notes that the creation of ex-post controls to verify the legality and regularity of transactions was in its infancy; takes note on the office’s reply that it has agreed and documented corrective measures on the internal control systems including the creation of audit capability and an ex-post internal control capability; calls on the office to report back to the discharge authority on the measures taken in that respect;


### 19. regrets that there is still no policy regarding sensitive posts at the office , which is not in line with the office’s internal control standards whereby sensitive functions should be clearly defined , recorded and kept up to date; takes notes on the office’s reply that a sensitive posts policy is being finalised and is expected to be approved by q3 of 2019 and to be implemented by q4 of 2019; calls on the office to report to the discharge authority on developments on this matter; ### 19. regrets that there is still no policy regarding sensitive posts at the office , which is not in line with the office’s internal control standards whereby sensitive functions should be clearly defined , recorded and kept up to date; takes notes on the office’s reply that a sensitive posts policy is being finalised; calls on the office to report to the discharge authority on developments on this matter;


### 1. grants the executive director of the european union agency for law enforcement cooperation (europol) discharge in respect of the implementation of europol’s budget for the financial year 2018/ postpones its decision on granting the executive director of the european union agency for law enforcement cooperation (europol) discharge in respect of the implementation of the agency’s budget for the financial year 2018; ### 1. grants the executive director of the european union agency for law enforcement cooperation (europol) discharge in respect of the implementation of europol’s budget for the financial year 2018;


### 1. grants the executive director of the european union agency for the οperational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) discharge in respect of the implementation of the agency’s budget for the financial year 2018 / postpones its decision on granting the executive director of the european union agency for the οperational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) discharge in respect of the implementation of the agency’s budget for the financial year 2018; ### 1. grants the executive director of the european union agency for the οperational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) discharge in respect of the implementation of the agency’s budget for the financial year 2018;


### 1. regrets that budget-monitoring efforts during the financial year 2018 resulted in a budget implementation rate of 73 ,85 % , representing a decrease of 24 ,82 % compared with 2017; observes that the low implementation rate is due to outstanding commitments , mainly related to operational expenditure subject to adoption of their legal basis; notes furthermore that the payment appropriations execution rate was 90 ,56 % , representing a decrease of 0 ,98 % compared with 2017; ### 1. regrets that budget-monitoring efforts during the financial year 2018 resulted in a budget implementation rate of 75 ,18 %; observes that the low implementation rate is due to outstanding commitments , mainly related to operational expenditure which is subject to adoption of their legal basis; notes furthermore that the payment appropriations execution rate was 94 ,08 % , representing an increase of 2 ,55 % compared with 2017;


### 3. notes the agency's very low budget implementation in 2018 , with close to 25 % (eur 49 million) of commitment appropriations carried forward and 76 % (eur 74 million) of payment appropriations unused; acknowledges that this was due to reasons beyond the control of the agency , namely the late adoption or entry into force of certain legislative acts; believes , however , that the lower absorption capacity should have been anticipated and therefore calls on the agency and the commission to improve the budgetary planning in the future; ### 3. notes the agency's very low budget implementation in 2018 with close to 25 % (eur 49 million) of commitment appropriations carried forward and 76 % (eur 74 million) of payment appropriations unused; acknowledges that this was due to reasons beyond the control of the agency , namely the late adoption or entry into force of certain legislative acts; believes , however , that the lower absorption capacity should have been anticipated and therefore calls on the agency and the commission to improve the budgetary planning in the future and on the commission to involve the agency closely in the preparation of new legislative acts:


### 5. takes note of several flaws detected by the court in relation to compliance with public procurement rules; regrets that the flaws related to a framework contract for provision of ‘corrective maintenance in working order of the schengen information system’ led to irregular payments totalling eur 759 000; deplores that the court detected further shortcomings in the quality , completeness and consistency of information related to that contract; takes note of the agency’s reply that the irregular payment was necessary to comply with its legal obligation to continuously maintain the schengen information system as the procedure for the successor framework contract was launched too late; welcomes the new organisational structure put in place by the agency to reinforce the capabilities needed for operational planning and the underlying procurement , including the provision of legal and technical input , but calls for further efforts to ensure compliance with procurement rules and more accurate reporting; ### 5. takes note of several flaws detected by the court in relation to compliance with public procurement rules; regrets that the flaws related to a framework contract for provision of ‘corrective maintenance in working order of the schengen information system’ led to irregular payments totalling eur 759 000; deplores that the court detected further shortcomings in the quality , completeness and consistency of information related to that contract; takes note of the agency’s reply that the irregular payment was necessary to comply with its legal obligation to continuously maintain the schengen information system as the procedure for the successor framework contract was launched too late; welcomes the new organisational structure put in place by the agency to reinforce the capabilities needed for operational planning and the underlying procurement , including the provision of legal and technical input , but calls for further efforts to ensure compliance with procurement rules and more accurate reporting; takes note of the court's observation that the agency may consider using the international function point users group (ifpug) methodology , a standard methodology for the determination of price for development activities;


### 1. grants the administrative director of the european union agency for criminal justice cooperation (eurojust) discharge in respect of the implementation of eurojust’s budget for the financial year 2018/ postpones its decision on granting the administrative director of the european union agency for criminal justice cooperation (eurojust) discharge in respect of the implementation of the eurojust’s budget for the financial year 2018; ### 1. grants the administrative director of the european union agency for criminal justice cooperation (eurojust) discharge in respect of the implementation of eurojust’s budget for the financial year 2018;


### (2) ‘service provider’ means any natural or legal person that provides one or more of the following categories of services: ### (2) ‘service provider’ means any natural or legal person that provides at least one of the following categories of services:


### having a substantial connection to the member state referred to in point (a); ### having a substantial connection to the member state referred to in point (a); such a substantial connection to the member state(s) is considered to exist where the service provider has an establishment in the union; in the absence of such establishment , substantial connection is identified on the basis of the existence of a significant number of users in one or more member states , or the targeting of activities towards one or more member states which can be determined on the basis of all relevant circumstances such as , among others , the use of a language or currency used in that member state or the availability of an 'app' in the relevant national app store; a substantial connection is also to be assumed where a service provider directs its activities towards one or more member states as set out in article 17 (1)(c) of regulation 1215/2012


### (4) ‘establishment’ means either the actual pursuit of an economic activity for an indefinite period through a stable infrastructure from where the business of providing services is carried out or a stable infrastructure from where the business is managed; ### (4) ‘establishment’ means either the actual pursuit of an economic activity for an indefinite period through a stable infrastructure from where the provision of services is carried out or the place of the business' central administration;


### 1. reiterates the role of the european union agency of law enforcement training (‘cepol’ or ‘the agency’) in providing national law enforcement experts with information on latest developments in the field of law enforcement and in facilitating the sharing of best practices; ### 1. reiterates the role of the european union agency of law enforcement training (‘cepol’ or ‘the agency’) in providing national law enforcement experts with information on latest developments in the field of law enforcement and in facilitating the sharing of best practices among member states; stresses that the agency also works with union bodies , international organisations , and third countries with the aim of ensuring that security threats are tackled through a rational response;


### 1. grants the executive director of the european union agency for law enforcement training discharge in respect of the implementation of the agency's budget for the financial year 2018 / postpones its decision on granting the executive director of the european union agency for law enforcement training discharge in respect of the implementation of the agency’s budget for the financial year 2018; ### 1. grants the executive director of the european union agency for law enforcement training discharge in respect of the implementation of the agency's budget for the financial year 2018;


### (80) the false and authentic documents online (‘fado’) system was established by joint action 98/700/jha within the general secretariat of the council , providing access to member states' authorities to have at their disposal information on any new forgery methods that are detected and on the new genuine documents that are in circulation. ### (80) the false and authentic documents online (‘fado’) system was established by council joint action 98/700/jha1a within the general secretariat of the council , providing access to member states' authorities to have at their disposal information on any new forgery methods that are detected and on the new genuine documents that are in circulation , in order to aid the combating of irregular migration and the use of fraudulent documents.


### (82) the fado system should keep its multi-level structure to provide different levels of information on documents to different stakeholders , including the general public. ### (82) fado should provide information to stakeholders , including the general public , with different levels of restriction depending on the sensitivity of the documents.


### (2) an integrated financial system will enhance the resilience of the economic and monetary union to adverse shocks by facilitating private cross-border risk-sharing , while at the same time reducing the need for public risk-sharing. in order to achieve these objectives , the union should complete the banking union and further develop a capital markets union (cmu). addressing high stocks of npls and their possible future accumulation is essential to completing the banking union as it is essential for ensuring competition in the banking sector , preserving financial stability and encouraging lending so as to create jobs and growth within the union. ### (2) an integrated financial system will enhance the resilience of the economic and monetary union to adverse shocks by facilitating private cross-border risk-sharing , while at the same time reducing the need for public risk-sharing. in order to achieve these objectives , the union should complete the banking union and further develop a capital markets union (cmu). addressing high stocks of npls and their possible future accumulation is essential to strengthening the banking union through cleaning the balance sheets of the banks by all member states themselves prior to completing of the banking union , as it is essential for ensuring competition in the banking sector , preserving financial stability and encouraging lending so as create jobs and growth within the union.


### (16) therefore , action at union level is necessary in order to address the position of credit purchasers and credit servicers in relation to credit originally granted by credit institutions. it is not proposed to cover credit originally issued by non-credit institutions or debt collection in general at this stage , as there is no evidence of macroeconomic relevance , misaligned incentives or ill-functioning markets for such an extended scope. ### (16) therefore , action at union level is necessary in order to address the position of credit purchasers and credit servicers in relation to non-performing credit originally granted by credit institutions. this directive is also without prejudice to the national rules imposing additional requirements for the credit purchaser or the credit servicer as concerns the renegotiation of the terms and conditions under a credit agreement. it is not proposed to cover credit originally issued by non-credit institutions or debt collection in general at this stage , as there is no evidence of macroeconomic relevance , misaligned incentives or ill-functioning markets for such an extended scope.


### (18) the importance placed by the union legislature on the protection provided for consumers in directive 2014/17/eu of the european parliament and of the council29 , directive 2008/48/ec of the european parliament and of the council30 and council directive 93/13/eec31 means that the assignment of the creditor's rights under a credit agreement or of the agreement itself to a credit purchaser should not affect the level of protection granted by union law to consumers in any way. credit purchasers and credit servicers should therefore comply with union law as applicable to the initial credit agreement and the consumer should retain the same level of protection as provided under union law or as determined by union or national conflict of law rules regardless of the law applicable to the credit purchaser or credit servicer. ### (18) the importance placed by the union legislature on the protection provided for consumers in directive 2014/17/eu of the european parliament and of the council29 , directive 2008/48/ec of the european parliament and of the council30and council directive 93/13/eec31 means that the assignment of the credit rights under a credit agreement or of the agreement itself to a credit purchaser should not affect the level of protection granted by union law to consumers in any way.


### (30) an important prerequisite for the taking up of the role by credit purchasers and credit servicers should be that they can access all relevant information and member state should ensure that this is possible , while at the same time observing union and national data protection rules. ### (30) an important prerequisite for the taking up of the role by credit purchasers and credit servicers should be that they can access all relevant information and member state should ensure that this is possible , while at the same time observing union and national data protection rules.


### 3. notes with satisfaction that as an answer to the covid-19 pandemic , a covid-19 task force was set up , with the aim of providing the best possible support to cepol partners on the training and education of law enforcement officials , and although cepol had to suspend its residential training activities , majority of them were transformed into online delivery format; welcomes the fact that in 2020 cepol carried out 317 training activities which saw the participation of 39 ,401 police officers; ### 3. notes with satisfaction that as an answer to the covid-19 pandemic , a covid-19 task force was set up , with the aim of providing the best possible support to cepol partners on the training and education of law enforcement officials , and although cepol had to suspend its residential training activities , majority of them were transformed into online delivery format; notes that in 2020 cepol carried out 317 training activities , 10 fewer than the previous year , and that participation increased from 34 723 to 39 401 police officers;


### c. whereas the scope of article 7 teu is not confined to the obligations under the treaties , as in article 258 of the treaty on the functioning of the european union , and whereas the union can assess the existence of a clear risk of a serious breach of the common values in areas falling under member states’ competences; ### c. whereas the scope of article 7 teu is not confined to the obligations under the treaties , as in article 258 of the treaty on the functioning of the european union , and whereas the council can assess the existence of a clear risk of a serious breach of the common values in areas falling under member states’ competences;


### d. whereas for several years the situation in hungary has not been addressed and many concerns remain , and in the meantime many new issues have arisen , which is having a negative impact on the image of the union , as well as its effectiveness and credibility in the defence of fundamental rights , human rights and democracy globally , and revealing the need to address them through concerted union action; ### d. whereas for several years the internal situation in hungary has remained a subject of interest for both parliament and the commission , which is having a negative impact on the cohesion of the union and its effectiveness globally;


### e. whereas following the ad hoc delegation of its committee on civil liberties , justice and home affairs to budapest , hungary , from 29 september to 1 october 2021 , the majority of the members of the delegation still have serious concerns about democracy , the rule of law and fundamental rights in the country; whereas the delegation has concluded that the situation has not improved since 2018 , but has instead deteriorated; ### e. whereas following the ad hoc delegation of its committee on civil liberties , justice and home affairs to budapest , hungary , from 29 september to 1 october 2021 , it was evident that its preparation was biased with preconceived notions and that it did not take into account the required balance of interviewees;


### f. whereas on 20 july 2021 , the commission indicated in the country chapter on hungary of the 2021 rule of law report that the transparency and quality of the legislative process remain a source of concern , although an amendment to the constitution will limit the powers of government as regards the ‘state of danger’ regime after july 2023; whereas concerns have been expressed about newly established private trusts receiving significant public funding , managed by board members close to the current government; ### f. whereas the commission's rule of law reports raise serious concerns as regards the methodology used and the choice of sources and show markedly unequal treatment of certain member states


### g. whereas in its resolution of 17 april 2020 on eu coordinated action to combat the covid-19 pandemic and its consequences4 , parliament deemed totally incompatible with european values the hungarian government’s decision to prolong the state of emergency indefinitely , to authorise itself to rule by decree without a time limit , and to weaken the emergency oversight of the hungarian parliament; whereas in its opinion on the 2020 convergence programme of hungary of 20 july 2020 , the council recommended ensuring that any emergency measures be strictly proportionate , limited in time and in line with european and international standards , that they do not interfere with business activities and the stability of the regulatory environment , and the effective involvement of social partners and stakeholders in the policy-making process; ### deleted


### (1) facilitating access to financial information is necessary to prevent , detect , investigate or prosecute serious crime , including terrorism. in particular , swift access to financial information is essential for carrying out effective criminal investigations and for successfully tracing and subsequently confiscating instrumentalities and proceeds of crime. ### (1) optimising and facilitating access to financial information is necessary to prevent , detect , investigate or prosecute serious crime , including terrorism. in particular , swift access to financial information is essential for carrying out effective criminal investigations and for successfully tracing and subsequently confiscating instrumentalities and proceeds of crime.


### (5) considering the cross-border nature of organised crime and money laundering as well as the importance of relevant financial information for the purposes of combating criminal activities , including by swiftly tracing , freezing and confiscating illegally obtained assets where possible and appropriate , authorities competent for the prevention , detection , investigation or prosecution of criminal offences designated in accordance with directive (eu) 2019/1153 should be able to directly access and search the centralised bank account registries of other member states through the bar single access point put in place pursuant to directive (eu) yyyy/xx. ### (5) considering the cross-border nature of organised crime , the financing of terrorism , and money laundering , as well as the importance of relevant financial information for the purposes of combating criminal activities , including by swiftly tracing , freezing and confiscating illegally obtained assets where possible and appropriate , authorities competent for the prevention , detection , investigation or prosecution of criminal offences designated in accordance with directive (eu) 2019/1153 should be able to directly access and search the centralised bank account registries of other member states through the bar single access point put in place pursuant to directive (eu) yyyy/xx.


### 4. welcomes the agency’s efforts following parliament’s resolution of 29 april 2021 with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the european border and coast guard agency for the financial year 2019 , namely: (1) the recruitment of the fundamental rights officer , who took office on 1 june 2021 , and the appointment of the first 20 fundamental rights monitors; regrets the fact that 15 of those appointments were made at ast level; reiterates that regulation (eu) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors by 5 december 2020; urges the agency to swiftly recruit the remaining 20 fundamental rights monitors and to appoint them at ad level; deeply regrets the delay in the recruitment of the fundamental rights monitors and recalls that this poses a serious risk to operations and reputation of the agency; welcomes the cooperation between the agency and the european union agency for fundamental rights towards completing the recruitment of the reminding fundamental rights monitors; (2) the appointment of the three deputy executive directors in 2021; and (3) the update of the standard operating procedure for serious incident reporting in may 2021; ### 4. notes the agency’s efforts following parliament’s resolution of 29 april 2021 with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the european border and coast guard agency for the financial year 2019 , namely: (1) the recruitment of the fundamental rights officer , who took office on 1 june 2021 , and the appointment of the first 20 fundamental rights monitors; notes the fact that 15 of those appointments were made at ast level; (2) the appointment of the three deputy executive directors in 2021; and (3) the update of the standard operating procedure for serious incident reporting in may 2021;


### 5. calls on the agency to swiftly adopt a detailed procedure for the implementation of article 46 of regulation (eu) 2019/1896 and to suspend the agency's 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


### 6. acknowledges that an analysis of respect for fundamental rights by the agency was not included in the scope of the court’s special report 08/2021 since that would require a specific audit in view of the complexity of the matter; asks the court to carry out such a specific audit in the future; calls the agency to swiftly implement recommendation 5 of the court’s special report , respecting the indicated timeline set out therein. ### 6. notes that an analysis of respect for fundamental rights by the agency was not included in the scope of the court’s special report 08/2021 entitled 'frontex's support to external border management: not sufficiently effective to date’ since that would require a specific audit in view of the complexity of the matter.


### 4. welcomes the creation of the european financial and economic crime centre to support activities of national authorities by providing operational and strategic assistance and the creation of the europol innovation lab; ### 4. takes note of the creation of the european financial and economic crime centre intended to support activities of national authorities by providing operational and strategic assistance;


### 9. notes the gender distribution reported for 2020 for senior and middle management , with 82 ,78 % being men (149 men and 31 women) , for the management board , with 79 ,25 % being men (42 men and 11 women) and for staff , with 71 ,83 % being men (413 men and 162 women); asks the commission and the member states to take into account the importance of ensuring gender balance when nominating their members to the agency’s management board; ### 9. notes the gender distribution reported for 2020 for senior and middle management , with 82 ,78 % being men (149 men and 31 women) , for the management board , with 79 ,25 % being men (42 men and 11 women) and for staff , with 71 ,83 % being men (413 men and 162 women); asks the commission and the member states to take into account the importance of ensuring gender balance when nominating their members to the agency’s management board; points out , however , that , in the recruitment of new staff and in connection with promotions , the agency should bear in mind that candidates’ skills , knowledge and experience are the most important factors; points out , too , the need to maintain a geographical balance among staff members;


### eurojust may continue to process the operational personal data referred to in point (a) of the first subparagraph also after the proceedings have been concluded under the national law of the member state concerned , even in case of an acquittal. where the proceedings did not result in a conviction , processing of personal data may only take place in order to identify links with other ongoing or concluded investigations and prosecutions as referred to in article 23(2) , point (c).; ### eurojust may continue to process the operational personal data referred to in point (a) of the first subparagraph also after the proceedings have been concluded under the national law of the member state concerned , even in case of an acquittal , unless the competent national authority decides otherwise on a case-by-case basis. where the proceedings did not result in a conviction , processing of personal data may only take place in order to identify links with other ongoing or concluded investigations and prosecutions as referred to in article 23(2) , point (c);


### (3) kuwait and qatar present low risks of irregular migration to the union and issue biometric passports in line with standards of the international civil aviation organisation. security cooperation with those countries has intensified in recent years. as regards economic interests , kuwait and qatar are important economic partners for the union , in particular in the area of energy. although challenges remain in the area of human rights and fundamental freedoms , kuwait and qatar have undergone societal transformations and improvements regarding women’s rights , labour rights and freedom of religion and interfaith dialogue and are expected to continue making progress and reforms. the long-term benefits of visa-free travel to the eu can reinforce positive trends in these areas. ### (3) kuwait and qatar present low risks of irregular migration to the union and issue biometric passports in line with standards of the international civil aviation organisation. security cooperation with those countries has intensified in recent years. as regards economic interests , kuwait and qatar are important economic partners for the union , in particular in the area of energy. the area of energy is one of the most important elements of cooperation in building a strong , broad and multisectoral partnership. tourism , including medical tourism , and education should also be considered as offering particularly attractive prospects for cooperation with kuwait and qatar. although challenges remain in the area of human rights and fundamental freedoms , kuwait and qatar have undergone societal transformations and improvements regarding women’s rights , labour rights and freedom of religion and interfaith dialogue and are expected to continue making progress and reforms. the long-term benefits of visa-free travel to the eu can reinforce positive trends in these areas.


### (2) easy access to data is important in order for decision makers in the economy and society to make sound decisions that serve the efficient functioning of the market. rolling out common european data spaces in crucial sectors , including the financial sector , would serve that purpose. the financial sector is undergoing a digital transformation , which is expected to continue in the coming years , and the union should support that transformation , in particular by promoting data-driven finance. furthermore , putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the economy of the union. for the green transition to succeed through sustainable finance , it is essential that information related to the sustainability of businesses is easily accessible to investors so that they are better informed when making decisions about investments. for those purposes , public access to entities’ information such as companies , businesses , financial institutions , financial and non-financial information needs to be improved. an efficient means to do so at union level is to establish a centralised platform , a european single access point (“esap”) , giving electronic access to all relevant information. ### (2) easy access to data is important in order for decision makers in the economy and society to make sound decisions that serve the efficient functioning of the market. rolling out common european data spaces in crucial sectors , including the financial sector , would serve that purpose. the financial sector is undergoing a digital transformation , which is expected to continue in the coming years. furthermore , putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the economy of the union. for the green transition to succeed through sustainable finance , it is essential that information related to the sustainability of businesses is easily accessible to investors so that they are better informed when making decisions about investments. for those purposes , public access to entities’ information such as companies , businesses , financial institutions , financial and non-financial information needs to be improved. an efficient means to do so at union level is to establish a centralised platform , a european single access point (“esap”) , giving electronic access to all relevant information.


### (5) apart from the information in relation to financial services , capital markets and sustainability that has to be made public under union law , investors , market participants , advisors and the public at large may have an interest in obtaining other information that an entity wants to make accessible. small and medium-sized enterprises may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. also , market participants may want to provide more information than that required by law or to make public the information required by national law but not available at union level in order to complement the information provided to the public at the union level. any entity should therefore be allowed to make financial , sustainability-related and other relevant information accessible on esap. pursuant to the principle of data minimisation , entities should ensure that no personal data are included , except where those data constitute a necessary element of the information about their economic activities , including when the name of the entity coincides with the name of the owner. where such information contains personal data , the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in article 6 of regulation (eu) 2016/679 of the european parliament and of the council26 . ### (5) apart from the information in relation to financial services , capital markets and sustainability that has to be made public under union law , investors , market participants , advisors and the public at large may have an interest in obtaining other information that an entity wants to make accessible. small and medium-sized enterprises may want to make more information publicly accessible in order to become more visible to potential investors and thereby increase funding and diversify funding opportunities. also , market participants may want to provide more information than that required by law or to make public the information required by national law but not available at union level in order to complement the information provided to the public at the union level. any entity should therefore be allowed to make financial , sustainability-related and other relevant information accessible on esap. pursuant to the principle of data minimisation and data protection legislation , entities should ensure that no personal data are included , except where those data constitute a necessary element of the information about their economic activities. where such information contains personal data , the entities should ensure that they can rely for such disclosure on one of the lawful grounds of processing laid down in article 6 of regulation (eu) 2016/679 of the european parliament and of the council26 .