### (19) service providers should notify the member state in which the legal representative resides or is established of the identity and contact details of their legal representative , as well as related changes and updates of information. the notification should also provide information about the languages in which the legal representative can be addressed , which should include at least one of the official languages of the member state where the legal representative resides or is established , but may include other official languages of the union , such as the language of its headquarters. when the service provider designates more than one legal representative , it may also notify considerations to determine which one should be addressed. these considerations are not binding for member states’ authorities , but should be followed except in duly justified cases. all this information , which is of particular relevance for member states’ authorities , should be made publicly available by the service provider , for example on its website , in a manner comparable to the requirements for making available general information pursuant to article 5 directive 2000/31/ec on certain legal aspects of information society services , in particular electronic commerce , in the internal market20 (e-commerce directive). for those service providers subject to the e-commerce directive , article 3(3) complements but does not replace these requirements. furthermore , member states should also publish the relevant information for their country on a dedicated site of the e-justice portal to facilitate coordination between member states and use of the legal representative by authorities from another member state. ### (19) service providers should notify the member state on whose territory the legal representative resides or is established of the identity and contact details of their legal representative , as well as related changes and updates of information without undue delay. the notification should also provide information about the languages in which the legal representative can be addressed , which should include at least one of the official languages of the respective member state where the legal representative resides or is established , but may include other official languages of the union , such as the language of its headquarters. when the service provider designates more than one legal representative , it may also notify considerations to determine which one should be addressed. these considerations are not binding for member states’ competent authorities for the prevention , detection , investigation and prosecution of crimes , but should be followed except in duly justified cases. all this information , which is of particular relevance for member states’ authorities , should be made publicly available by the service provider , for example on its website , in a manner comparable to the requirements for making available general information pursuant to article 5 of directive 2000/31/ec on certain legal aspects of information society services , in particular electronic commerce , in the internal market20 ('e-commerce directive'). for those service providers subject to the e-commerce directive the requirements provided by this directive but do not replace these requirements. furthermore , member states should also publish the relevant information regarding the legal representatives residing or established on their country on a dedicated site to be set up on the e-justice portal to facilitate coordination between member states to allow competent authorities from other member states to quickly identify and address the legal representatives.


### (20) the infringement of the obligations to designate a legal representative and to notify and make publicly available the information related thereto should be subject to effective , proportionate and dissuasive sanctions. under no circumstances should the sanctions determine a ban , permanent or temporary , of service provision. member states should coordinate their enforcement action where a service provider offers services in several member states. to ensure a coherent and proportionate approach , a coordination mechanism is provided. the commission could facilitate such coordination if necessary , but needs to be informed of cases of infringement. this directive does not govern the contractual arrangements for transfer or shifting of financial consequences between service providers and legal representatives of sanctions imposed upon them. ### (20) the infringement of the obligations to designate a legal representative and to notify and make publicly available the information related thereto should be subject to effective , proportionate and dissuasive sanctions. under no circumstances should the sanctions determine a ban , permanent or temporary , of service provision. member states should coordinate their enforcement action where a service provider offers services in several member states with a view to ensure an equivalent level of sanctions. to ensure a coherent and proportionate approach , a coordination mechanism is provided. the commission should facilitate such coordination if necessary , but should in any case be informed of all cases of infringement. this directive does not govern the contractual arrangements for transfer or shifting of financial consequences between service providers and legal representatives of sanctions imposed upon them.


### (22) in order to ensure the application of the directive in a consistent manner , additional mechanisms for the coordination between member states should be put in place. for that purpose , member states should designate a central authority that can provide central authorities in other member states with information and assistance in the application of the directive , in particular where enforcement actions under the directive are considered. this coordination mechanism should ensure that relevant member states are informed of the intent of a member state to undertake an enforcement action. in addition , member states should ensure that central authorities can provide each other with assistance in those circumstances , and cooperate with each other where relevant. cooperation amongst central authorities in the case of an enforcement action may entail the coordination of an enforcement action between competent authorities in different member states. for the coordination of an enforcement action , central authorities shall also involve the commission where relevant. the existence of the coordination mechanism does not prejudice the right of an individual member state to impose sanctions on service providers that fail to comply with their obligations under the directive. the designation and publication of information about central authorities will facilitate the notification by service providers of the designation and contact details of its legal representative to the member state where its legal representative resides or is established of the designation and contact details. ### (22) in order to ensure the application of the directive in a consistent manner , additional mechanisms for the coordination between member states should be put in place. for that purpose , member states should designate a central authority that can provide central authorities in other member states with information and assistance in the application of the directive , in particular where enforcement actions under the directive are considered. this coordination mechanism should ensure that relevant member states are informed of the intent of a member state to undertake an enforcement action , including as regards service providers established outside the union which have failed to designate a legal representative. in addition , member states should ensure that central authorities can provide each other with assistance in those circumstances , and cooperate with each other where relevant. cooperation amongst central authorities in the case of an enforcement action may entail the coordination of an enforcement action between competent authorities in different member states. for the coordination of an enforcement action , central authorities shall also involve the commission where relevant. the existence of the coordination mechanism does not prejudice the right of an individual member state to impose sanctions on service providers that fail to comply with their obligations under the directive , while double sanctions should be avoided. the designation and publication of information about central authorities will facilitate the notification by service providers of the respective member state regarding the designation of its legal representative and related information.


### (1) ‘legal representative’ means a legal or natural person , designated in writing by a service provider for the purpose of articles 1(1) , 3(1) , 3(2) and 3(3); ### (1) ‘legal representative’ means a legal person established or a natural person , designated in writing by a service provider offering services in the union for the purpose provided in article 3 (1) and 3 (2) of this directive.


### (3) ‘offering services in a member state’ means: ### (3) ‘offering services in the union' means enabling legal or natural persons in one or more member states to use the services referred to in point (2) , such as


### enabling legal or natural persons in a member state to use the services referred to in point (2); and ### establishment of the service provider in the union;


### having a substantial connection to the member state referred to in point (a); ### targeting of activities towards one or more member state(s);


### 2. where a service provider is not established in the union , member states shall ensure that such service provider offering services on their territory designates at least one legal representative in the union for the receipt of , compliance with and enforcement of decisions and orders issued by competent authorities of member states for the purpose of gathering evidence in criminal proceedings. the legal representative shall reside or be established in one of the member states where the service provider offers the services. ### 2. where a service provider is not established in the union , member states shall ensure that such service provider offering services on their territory designates at least one legal representative in the union for the receipt of , compliance with and enforcement of decisions and orders issued by competent authorities of member states for the purpose of gathering evidence in criminal proceedings. the legal representative shall be established in one of the member states where the service provider offers the services.


### 4. service providers shall be free to designate additional legal representatives , resident or established in other member states , including those where the service providers offer their services. service providers which are part of a group shall be allowed to collectively designate one legal representative. ### 4. service providers shall be free to designate additional legal representatives in other member states , including those where the service providers offer their services. service providers which are part of a group shall be allowed to collectively designate one legal representative.


### 1. member states shall ensure that , upon designation of its legal representative in accordance with article 3(1) , (2) and (3) , each service provider established or offering services in their territory notifies in writing the central authority of the member state where its legal representative resides or is established of the designation and contact details of its legal representative as well as any changes thereof. ### 1. member states shall ensure that , upon designation of its legal representative in accordance with article 3(1) to (4) , each service provider established or offering services in their territory notifies in writing the central authority of the member state where its legal representative resides or is established of the designation and contact details of its legal representative as well as any changes thereof.


### 2. the notification shall specify the official language(s) of the union , as referred to in regulation 1/58 , in which the legal representative can be addressed. this shall include , at least , one of the official languages of the member state where the legal representative resides or is established. ### 2. the notification shall specify the official language(s) of the union , as referred to in regulation 1/58 , in which the legal representative can be addressed. this shall include one or more of the official languages , in accordance with national law of the member state , where the legal representative resides or is established.


### 3. member states shall ensure that central authorities shall provide each other with relevant information and mutual assistance relevant to application of this directive in a consistent and proportionate manner. the provisioning of information and mutual assistance shall cover , in particular , enforcement actions. ### 3. member states shall ensure that their central authorities coordinate with each other and , where relevant , with the commission , and provide each other with relevant information and mutual assistance relevant to the application of this directive in a consistent and proportionate manner. the coordination and provision of information and mutual assistance shall cover , in particular , enforcement actions.


### 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;


### 1. approves the closure of the accounts of the european union agency for law enforcement training for the financial year 2018 / postpones the closure of the accounts of the european union agency for law enforcement training for the financial year 2018; ### 1. approves the closure of the accounts of the european union agency for law enforcement training for the financial year 2018;


### 4. notes that the agency continues to cooperate closely with the justice and home affairs agencies’ network , and the nine agencies which comprise it , including in particular european union agency for law enforcement cooperation and european border and coast guard agency; notes that they share trainings and organise courses together; ### 4. notes that the agency continues to cooperate closely with the justice and home affairs agencies’ network , and the nine agencies which comprise it , including in particular the european union agency for law enforcement cooperation and the european border and coast guard agency; notes that they share training and organise courses together; strongly encourages the agency to actively seek further and broader cooperation with all of the union agencies; urges the agency to explore possibilities of resources sharing on overlapping tasks , such as it and other services , with agencies in the agency’s proximity , notably the european union agency for fundamental rights in vienna and the european labour authority in bratislava;


### the agency shall take over and operate false and authentic documents online (fado) which is a database that shall contain information on genuine travel and residence documents issued by member states , third countries , territorial entities , international organisations and other entities subjects of international law and on falsifications thereof. the fado system shall not contain any personal data. ### the agency shall take over and operate false and authentic documents online (fado) which is a database that shall contain information on genuine travel and residence documents issued by member states , third countries , territorial entities , international organisations and other entities subjects of international law and on falsifications thereof. fado may contain personal data only insofar as it appears on specimen , genuine and falsified documents.


### (3) in july 2017 the council in its "action plan to tackle non-performing loans in europe"25 called upon various institutions to take appropriate measures to further address the high number of npls in the union. the action plan sets out a comprehensive approach that focuses on a mix of complementary policy actions in four areas: (i) bank supervision and regulation (ii) reform of restructuring , insolvency and debt recovery frameworks , (iii) developing secondary markets for distressed assets , and (iv) fostering restructuring of the banking system. actions in these areas are to be taken at national level and at union level where appropriate. the commission announced a similar intention in its "communication on completing the banking union" of 11 october 201726 , which called for a comprehensive package on tackling npls within the union. ### (3) in july 2017 the council in its "action plan to tackle non-performing loans in europe"25 called upon various institutions to take appropriate measures to further address the high number of existing npls in the union prevent new npls from accumulating and posing financial stability risks. the action plan sets out a comprehensive approach that focuses on a mix of complementary policy actions in four areas: (i) bank supervision and regulation (ii) reform of restructuring , insolvency and debt recovery frameworks , (iii) developing secondary markets for distressed assets , and (iv) fostering restructuring of the banking system. actions in these areas are to be taken at national level and at union level where appropriate. the commission announced a similar intention in its "communication on completing the banking union" of 11 october 201726 , which called for a comprehensive package on tackling npls within the union.


### (9) this directive should foster the development of secondary markets for npls in the union by removing impediments to the transfer of npls by credit institutions to non-credit institutions , while at the same time safeguarding consumers' rights. any proposed measure should also simplify and harmonise the authorisation requirements for credit servicers. this directive should therefore establish a union-wide framework for both purchasers and servicers of credit agreements issued by credit institutions. ### (9) this directive should foster the development of secondary markets for npls in the union by removing impediments to the transfer of npls by credit institutions to non-credit institutions , while at the same time ensuring a high level of consumer protection and safeguarding consumers' rights. any proposed measure should also simplify and harmonise the authorisation requirements for credit servicers. this directive should therefore establish a union-wide framework for both purchasers and servicers of credit agreements issued by credit institutions.


### (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 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. member states should ensure that credit purchasers and credit servicers should therefore comply with union law as applicable to the initial credit agreement and member states should ensure that 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. this directive should not restrict member states in applying stricter consumer protection provisions to credit servicers or credit purchasers.


### (25) to avoid lengthy procedures and uncertainty , it is necessary to establish requirements regarding the information applicants are required to submit , as well as the reasonable deadlines for the issue of an authorisation and the circumstances for its withdrawal of authorisation. where authorities withdraw an authorisation of a credit servicer which provides credit servicing activities in other member states , competent authorities in the host member state should be informed. equally , an up-to-date online public register should be established in each member state to ensure transparency as regards the number and identity of authorised credit servicers. ### (25) to avoid lengthy procedures and uncertainty , it is necessary to establish requirements regarding the information applicants are required to submit , as well as the reasonable deadlines for the issue of an authorisation and the circumstances for its withdrawal of authorisation. where authorities withdraw an authorisation of a credit servicer or a credit purchaser which provides credit servicing activities in other member states , competent authorities in the host member state should be informed. equally , an up-to-date online public register should be established in each member state to ensure transparency as regards the number and identity of authorised credit servicers and credit purchasers.


### (52) without prejudice to pre-contractual obligations under directive 2014/17eu , directive 2008/48/ec and directive 93/13/eec , and in order to ensure a high level of consumer protection , the consumer should be presented , in due time and prior to any modifications to the terms and conditions of the credit agreement , with a clear and comprehensive list of any such changes , the timescale for their implementation and the necessary details as well as the name and address of the national authority where he or she may lodge a complaint. ### (52) without prejudice to pre-contractual obligations under directive 2014/17eu , directive 2008/48/ec and directive 93/13/eec , and in order to ensure a high level of consumer protection , the consumer should be presented , in due time and prior to any substantial modifications to the terms and conditions of the credit agreement , with a clear and comprehensive list of any such changes , the timescale for their implementation and the necessary details as well as the name and address of the national authority where he or she may lodge a complaint.


### authorisation of credit servicers ### authorisation of credit servicers and credit purchasers


### 1. member states shall lay down the following requirements for the granting of an authorisation as referred to in article 4(1): ### 1. member states shall lay down the following requirements for the granting of an authorisation as referred to in article 4(1) and article 4(1a):


### 1. member states shall establish a procedure for the authorisation of credit servicers which enables an applicant to submit an application and provide all the information necessary for the competent authority of the home member state to verify that the applicant has satisfied all the conditions laid down in the national measures transposing article 5(1). ### 1. member states shall establish a procedure for the authorisation of credit servicers and credit purchasers which enables an applicant to submit an application and provide all the information necessary for the competent authority of the home member state to verify that the applicant has satisfied all the conditions laid down in the national measures transposing article 5(1).


### 1. member states shall ensure that the competent authorities of the home member state may withdraw the authorisation granted to a credit servicer , where such a credit servicer either: ### 1. member states shall ensure that the competent authorities of the home member state may withdraw the authorisation granted to a credit servicer or a credit purchaser , where such a credit servicer or a credit purchaser either:


### 2. where an authorisation is withdrawn in accordance with paragraph 1 , member states shall ensure that the competent authorities of the home member state shall immediately inform the competent authorities in the host member states if the credit servicer provides services under article 11. ### 2. where an authorisation is withdrawn in accordance with paragraph 1 , member states shall ensure that the competent authorities of the home member state shall immediately inform the competent authorities in the host member states if the credit servicer or credit purchaser provides services under article 11.


### 1. member states shall ensure that competent authorities establish and maintain a national register of all authorised credit servicers authorised to provide services within their territory , including credit servicers providing services under article 11. ### 1. member states shall ensure that competent authorities establish and maintain a national register of all authorised credit servicers and credit purchasers authorised to provide services within their territory , including credit servicers providing services under article 11.


### 1. member states shall ensure that a creditor shall provide all necessary information to a credit purchaser to enable that credit purchaser assess the value of the credit agreement and the likelihood of recovery of the value of that agreement prior to entering into a contract for the transfer of that credit agreement. ### 1. member states shall , to the extent that it has or can reasonably be expected to obtain , or facilitate distribution of , such information , ensure that a creditor shall provide all necessary information to a credit purchaser to enable that credit purchaser assess the value of the credit agreement and the likelihood of recovery of the value of that agreement prior to entering into a contract for the transfer of that credit agreement.


### 2. member states shall require a credit institution or the subsidiary of a credit institution that transfers a credit agreement to a credit purchaser to inform the competent authorities designated in accordance with article 20(3) of this directive and article 4 of directive 2013/36/eu39 of the following: ### 2. on a biannual basis , member states shall require credit institutions that transfer a creditor’s rights under a non-performing credit agreement or the non-performing credit agreements itself to a credit purchaser to inform the competent authorities designated in accordance with article 20(3) of this directive and article 4 of directive 2013/36/eu39 , for each transfer about the legal entity identifier (lei) of the credit purchaser or where such identifier does not exist about:


### 2. member states shall ensure that a credit purchaser is not subject to any additional requirements for the purchase of credit agreements other than as provided for by the national measures transposing this directive. ### deleted


### 1. member states shall ensure that credit servicers and , where applicable , credit service providers to whom activities have been outsourced in accordance with article 10 , comply with the national provisions transposing this directive on an on-going basis and shall ensure that those activities are subject to adequate supervision by the competent authorities of the home member state in order to assess such compliance. ### 1. member states shall ensure that credit servicers , credit purchasers and , where applicable , credit service providers to whom activities have been outsourced in accordance with article 10 , comply with the national provisions transposing this directive on an on-going basis and shall ensure that those activities are subject to adequate supervision by the competent authorities of the home member state in order to assess such compliance.


### 2. the member state where the credit purchasers or , where applicable , their representative designated in accordance to article 17 , are domiciled or established shall ensure that the competent authorities referred to in paragraph 1 are responsible for the supervision of the obligations set in articles 15-19 in respect of credit purchasers or , where applicable their representatives designated in accordance to article 17. ### deleted


### a credit servicer's policy is inadequate for the proper treatment of borrowers as set in article 5(1)(d); ### a credit servicer or a credit purchaser's policy is inadequate for the proper treatment of borrowers as set in article 5(1)(d);


### without prejudice to the obligations to inform the consumer pursuant to directive 2014/17/eu , directive 2008/48/ec and directive 93/13/eec , member states shall ensure that prior to modifying the terms and conditions of a credit agreement either by consent or by operation of law , the creditor communicates the following information to the consumer: ### without prejudice to the obligations to inform the consumer pursuant to directive 2014/17/eu , directive 2008/48/ec and directive 93/13/eec , member states shall ensure that prior to substantially modifying the terms and conditions of a credit agreement either by consent or by operation of law , the creditor communicates the following information to the consumer:


### 1. welcomes the fact that the court of auditors ('the court') has declared the transactions underlying the annual accounts of the european union agency of law enforcement training (cepol) for the financial year 2020 to be legal and regular in all material respects; recalls that the budget of cepol increased in 2020 from eur 21 to 32 million (+52 %) while its staff increased from 69 to 84 (+21.7 %); ### 1. welcomes the fact that the court of auditors ('the court') has declared the transactions underlying the annual accounts of the european union agency of law enforcement training (cepol) for the financial year 2020 to be legal and regular in all material respects and its financial position on 31 december 2020 to be presented fairly; recalls that the budget of cepol increased in 2020 from eur 21 to 32 million (+52 %) while its staff increased from 69 to 84 (+21.7 %);


### — having regard to its resolution of 16 january 2020 on ongoing hearings under article 7(1) of the teu regarding poland and hungary2 , ### — having regard to its resolutions of 16 january 2020 and 5 may 2022 on ongoing hearings under article 7(1) of the teu regarding poland and hungary2 ,


### (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) 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 , particularly in organised crime investigations.


### (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) facilitating access to financial information is of assistance in preventing crime , detecting suspicious activity , assisting criminal investigations or carrying out criminal law prosecutions of serious crime , including terrorism , terrorist financing , money laundering or organised crime. in particular , swift access to financial information , strictly respecting the fundamental rights of citizens , is essential for carrying out effective criminal investigations and for tracing and 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 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 , ensuring strict respect for fundamental rights and the highest standards of protection for citizens' privacy and personal data.


### (6) the safeguards and limitations already established by directive (eu) 2019/1153 should also apply in respect of the possibilities to access and search bank account information , through the bar single access point , established by the present directive. these safeguards and limitations include those concerning the limitation to the authorities that have the power to access and search bank account information , the purposes for which the access and search may be conducted , the types of information that are accessible and searchable , requirements applicable to the staff of the designated competent authorities , the security of the data and the logging of access and searches. ### (6) the safeguards and limitations already established by directive (eu) 2019/1153 should also apply in respect of the possibilities to access and search bank account information , through the bar single access point , established by the present directive. these safeguards and limitations include , in particular , those concerning the limitation to the authorities that have the power to access and search bank account information , the purposes for which the access and search may be conducted , the types of information that are accessible and searchable , requirements applicable to the staff of the designated competent authorities , the security of the data and the logging of access and searches.


### 1. deeply regrets that the obligation included in regulation (eu) 2019/1896 to recruit at least 40 fundamental rights monitors by 5 december 2020 has still not been fulfilled; urges the european border and coast guard agency (the ‘agency’) to swiftly recruit the remaining fundamental rights monitors and to appoint them at ad level , as parliament and the commission have repeatedly called for; reminds the agency that that is one of seven conditions set by the parliament in its previous discharge reports; recognises the progress made by the agency in that respect; highlights however that the lack of fulfilment of those conditions increases the risk of refusal to grant discharge for the financial year 2020; ### 1. deeply regrets that the obligation included in regulation (eu) 2019/1896 to recruit at least 40 fundamental rights monitors by 5 december 2020 has still not been fulfilled; urges the european border and coast guard agency (the ‘agency’) to swiftly recruit the remaining fundamental rights monitors and to appoint them at ad level , as parliament and the commission have repeatedly called for; reminds the agency that that is one of seven conditions set by the parliament in its previous discharge reports; recognises the progress made by the agency in that respect; insists that the agency should ensure - from now on - that fundamental rights monitors are recruited at ad grade and encourages the agency to further increase the number of fundamental rights monitors beyond the initial 40 , which is a threshold and not a ceiling; highlights however that the lack of fulfilment of those conditions increases the risk of refusal to grant discharge for the financial year 2020;


### 1. notes with concern that the budget-monitoring efforts during the financial year 2020 resulted in a budget implementation rate of 78 ,42 % , representing a decrease of 21 ,42 % compared to 2019; notes with concern that the payment appropriations execution rate was very low at 43 ,84 % , representing a decrease of 25 ,30 % compared to 2019; ### 1. notes that the budget-monitoring efforts during the financial year 2020 resulted in a budget implementation rate of 78 ,42 % , representing a decrease of 21 ,42 % compared to 2019; highlights that eur 360 mln of eur 364 mln of the budget were committed; takes note that eur 95 mln have been returned to the union general budget; notes with concern that the payment appropriations execution rate was very low at 43 ,84 % , representing a decrease of 25 ,30 % compared to 2019;


### 2. notes the ongoing actions of the agency on the observations of the court; calls on the agency to continue undertaking corrective actions , including the adoption and implementation of a sensitive posts policy in line with its own internal control standards , drafting a business continuity plan and obtaining the approval of its management board , addressing the risk of double funding from the internal security fund and addressing the level of carry-overs; calls on the agency to step up its efforts into reaching the required occupancy levels laid down in the staff establishment plan; welcomes the corrective steps taken by the agency to address the issue of reimbursements to cooperating countries without the necessary supporting documentation; ### 2. welcomes the ongoing actions of the agency on the observations of the court; notes that the agency has created an action plan to address identified shortcomings; calls on the agency to continue undertaking corrective actions , including the adoption and implementation of a sensitive posts policy in line with its own internal control standards , drafting a business continuity plan and obtaining the approval of its management board , addressing the risk of double funding from the internal security fund and addressing the level of carry-overs; acknowledges the actions taken by the agency to achieve the required clarity on its establishment plan and the pressing nature of the required recruitments; welcomes the corrective steps taken by the agency to address the issue of reimbursements to cooperating countries without the necessary supporting documentation; calls on the agency to inform the discharge authority about the progress made on those matters;


### 3. recalls of the fact that the european anti-fraud office has initiated an investigation on the agency; underlines that the outcome of the investigation was still pending by early december 2021; reminds that the ombudsman conducted two own-initiative inquiries into the complaints mechanism of the agency and on the compliance by the agency with its fundamental rights obligations; reiterates the concern on the findings of the court in its special report 08/2021 entitled ‘frontex's support to external border management: not sufficiently effective to date’; further recalls of the outcome of the parliament’s frontex scrutiny working group and the conclusions of the 13 internal inquiries by its management board; welcomes the agency’s report on the implementation of the conclusions of the extraordinary management board meeting of 6 october 2021 which reflects the 71 recommendations received from the aforementioned reports and audits; notes that the agency implemented 59 of those actions; calls on the agency to take all necessary measures towards implementing all the remaining recommendations and to report to the discharge authority over the progress achieved; ### 3. recalls of the fact that the european anti-fraud office has initiated an investigation in 2019 involving the agency; notes that the ombudsman conducted two own-initiative inquiries into the complaints mechanism of the agency and on the compliance by the agency with its fundamental rights obligations; notes that , according to the agency’s reply , it is fully committed to and cooperates closely with the ombudsman , as well as with the european anti-fraud office and parliament , on fundamental righs matters; notes the findings of the court in its special report 08/2021 entitled ‘frontex's support to external border management: not sufficiently effective to date’; further recalls of the outcome of the parliament’s frontex scrutiny working group and the conclusions of the 13 internal inquiries by its management board; welcomes the agency’s report on the implementation of the conclusions of the extraordinary management board meeting of 6 october 2021 which reflects the 71 recommendations received from the aforementioned reports and audits; notes that the agency implemented 59 of those actions; calls on the agency to take all necessary measures towards implementing all the remaining recommendations and to report to the discharge authority over the progress achieved;


### 3. welcomes the decision to partially grant access to the report of the european anti-fraud office (olaf) on the investigation conducted with respect to the activities of the agency , to the members of parliament’s committee on budgetary control and committee on civil liberties , justice and home affairs; regrets the long delay taken towards granting that access; is profoundly concerned about the findings of that investigation; expresses its utter disappointment in the behaviour and actions described in the findings presented; recommends , given those findings , to parliament’s committee on budgetary control not to grant discharge for the financial year 2020; ### 3. welcomes the decision to partially grant access to the report of the european anti-fraud office (olaf) on the investigation conducted with respect to the activities of the agency , to the members of parliament’s committee on budgetary control and committee on civil liberties , justice and home affairs; regrets the long delay taken towards granting that access; is profoundly concerned about the findings of that investigation; underlines that the olaf report has confirmed the fears and concerns raised by many within the european parliament over the last number of years; expresses its utter disappointment in the behaviour and actions described in the findings presented; recommends , given those findings , to parliament’s committee on budgetary control not to grant discharge for the financial year 2020;


### 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. welcomes the agency’s efforts following the parliament’s recommendations made in the first and the second discharge report for the financial year 2019; recalls the conditions formulated in the second discharge report of the agency for the financial year 2019 for release of a budgetary reserve; reminds that the reserve has not been made in the budget of the agency for 2022; ask nevertheless the agency to inform the discharge authority on the progress made towards fulfilling the six conditions formulated in that report;


### 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. 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; 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; 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 court’s observation that the pandemic has affected the agency’s operations and budget implementation in 2020 , with the agency reducing its initial budget by eur 95 000 000 , through two amending budgets; notes that a provisional budgetary commitment of eur 18 100 000 for the preparation of field deployments in 2021 was carried forward without the agency having entered into legal commitments within the time limit laid down in article 75 of the agency’s financial regulation; notes that the agency acknowledges the observation whilst working on remedial measures to prevent future occurrence; ### 4. notes the court’s observation that the pandemic has affected the agency’s operations and budget implementation in 2020 , with the agency reducing its initial budget by eur 95 000 000 , through two amending budgets; notes that a provisional budgetary commitment of eur 18 100 000 for the preparation of field deployments in 2021 was carried forward without the agency having entered into legal commitments within the time limit laid down in article 75 of the agency’s financial regulation; notes that the agency acknowledges the observation whilst working on remedial measures to prevent future occurrence , which entails the verification of carry forward tables for the associated legal commitments; acknowledges that the agency issued an administrative notice with guidance on the annuality principle which explained the carry-over rules in detail;


### 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


### 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; ### 5. expects on the agency to swiftly adopt a detailed procedure setting out different steps of 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; calls on the commission to support the agency in that regard;


### 6. notes that one of the conditions not yet met is the recruitment of 40 fundamental rights monitors (frms) , as on 1 june 2022 , 31 frms were in service , with three more to take office on 1 september 2022 , more than one and a half year after the deadline set in the agency’s founding regulation (5 december 2020); notes that the agency now strives to have 46 frms; notes the explanation provided by the agency that the delay was due to lengthy recruitment procedures in union institutions; ### 6. notes that one of the conditions not yet met is the recruitment of 40 fundamental rights monitors (frms) , as on 1 june 2022 , 31 frms were in service , with three more to take office on 1 september 2022 , more than one and a half year after the deadline set in the agency’s founding regulation (5 december 2020); welcomes that the agency now strives to have 46 frms; notes the explanation provided by the agency that the delay was due to lengthy recruitment procedures in union institutions and acknowledges its commitment to recruit the remaining frms as quickly as possible; notes that the fro has expressed content with the procedure;


### 6. notes that one of the conditions not yet met is the recruitment of 40 fundamental rights monitors (frms) , as on 1 june 2022 , 31 frms were in service , with three more to take office on 1 september 2022 , more than one and a half year after the deadline set in the agency’s founding regulation (5 december 2020); notes that the agency now strives to have 46 frms; notes the explanation provided by the agency that the delay was due to lengthy recruitment procedures in union institutions; ### 6. regrets that one of the conditions not yet met is the recruitment of 40 fundamental rights monitors (frms) , as on 1 june 2022 , 31 frms were in service , with three more to take office on 1 september 2022 , more than one and a half year after the deadline set in the agency’s founding regulation (5 december 2020); insists that the agency should ensure - from now on - that frms are recruited at ad grade and encourages the agency to further increase the number of frms beyond the initial 40 , which is a threshold and not a ceiling; notes that the agency now strives to have 46 frms;


### 7. notes that the second condition not yet met is the call on the agency to suspend its support-related activities in hungary , in accordance with article 46 of regulation (eu) 2019/18961 ; notes that the agency , instead of suspending the support-related activities , rather takes additional safeguarding measures to get assurance from the hungarian authorities that fundamental rights have been respected , and monitors this closely; notes that the agency’s fundamental rights officers recommend partially suspending return operations and additional safeguards when conductions return operations; ### 7. notes that the second condition not yet met is the call on the agency to suspend its support-related activities in hungary , in accordance with article 46 of regulation (eu) 2019/18961 ; notes that the agency , instead of suspending the support-related activities , rather takes additional safeguarding measures to get assurance from the hungarian authorities that fundamental rights have been respected , and monitors this closely; notes that the agency’s fundamental rights officers recommend partially suspending return operations and additional safeguards when conductions return operations; recalls and supports the argument expressed by the commission in the committee on budgetary control meeting of 13 july that a presence of the agency in hungary allows the agency to monitor and control possible violations of fundamental rights against refugees or asylum seekers by hungarian authorities at the border; emphasises the importance of border control in the agency’s mandate and the training of and cooperation with national authorities to implement the union standards as foreseen in the legislation;


### 7. notes that the second condition not yet met is the call on the agency to suspend its support-related activities in hungary , in accordance with article 46 of regulation (eu) 2019/18961 ; notes that the agency , instead of suspending the support-related activities , rather takes additional safeguarding measures to get assurance from the hungarian authorities that fundamental rights have been respected , and monitors this closely; notes that the agency’s fundamental rights officers recommend partially suspending return operations and additional safeguards when conductions return operations; ### 7. regrets that the second condition not yet met is the call on the agency to suspend its support-related activities to return operations in hungary , in accordance with article 46 of regulation (eu) 2019/18961 and the clear guidance given by the court of justice of the european union to the executive director to implement this article and suspend the activities in hungary; notes that the agency , instead of suspending the support-related activities , rather takes additional safeguarding measures to get assurance from the hungarian authorities that fundamental rights have been respected , and monitors this closely; notes that the agency’s fundamental rights officer recommends partially suspending return operations and additional safeguards when conducting return operations;


### 8. concludes that the agency has implemented most of the conditions formulated by the discharge authority in a satisfactory manner; calls nevertheless on the agency to adopt promptly a detailed procedure for the implementation of article 46 of regulation (eu) 2019/1896 , in line with the recommendations made by the agency’s fundamental rights officer in its annual report for 2022; ### 8. concludes that the agency has implemented most of the conditions formulated by the discharge authority in a satisfactory manner;


### 8. concludes that the agency has implemented most of the conditions formulated by the discharge authority in a satisfactory manner; calls nevertheless on the agency to adopt promptly a detailed procedure for the implementation of article 46 of regulation (eu) 2019/1896 , in line with the recommendations made by the agency’s fundamental rights officer in its annual report for 2022; ### 8. concludes that the agency has implemented most of the conditions formulated by the discharge authority in a satisfactory manner , but the full implementation of all conditions is still not achieved; calls on the agency to fulfil the remaining two conditions , as well as to adopt promptly a detailed procedure for the implementation of article 46 of regulation (eu) 2019/1896 , in line with the recommendations made by the agency’s fundamental rights officer in its annual report for 2022;


### 8. notes that the agency’s surveillance aircraft services performed a total of 1 068 missions in 2020 out of which 1030 were surveillance flights and 38 related to fishery control; ### 8. notes that the agency’s surveillance aircraft services performed a total of 1 068 missions in 2020 out of which 1030 were surveillance flights and 38 related to fishery control; welcomes the fact that the number of surveillance aircraft services increased over the past years with a number of 177 missions in 2017 and a number of 1068 missions in 2020;


### 10. notes that the serious concerns raised on the basis of the partial presentation of findings from the final report in the committee on budgetary control meeting of 28 february 2022 are indeed confirmed in the final report; notes from the statements of the chair of the agency’s management board in the committee on budgetary control meeting of 13 july 2022 that actions have been taken in follow-up to olaf’s conclusions in the final report; notes the comments from the chair of the agency’s management board , and the commission’s deputy director-general for migration and home affairs that the report shows the failings of the individuals concerned , and that there is no structural issue; ### 10. notes that the serious concerns raised on the basis of the partial presentation of findings from the final report in the committee on budgetary control meeting of 28 february 2022 are indeed confirmed in the final report; is deeply concerned , by the magnitude of the committed serious misconducts and other irregularities identified by olaf in the agency , as well as the level at which they have been committed; considers in this regard that serious remedial actions should be undertaken and that the resolution of the problems discovered by olaf will take time and will require strong engagement especially by the expected new executive director; notes from the statements of the chair of the agency’s management board in the committee on budgetary control meeting of 13 july 2022 that actions have been taken in follow-up to olaf’s conclusions in the final report; expects the agency’s management to inform the parliament about its action plan and further actions , as well as about their implementation;


### 10. notes that the serious concerns raised on the basis of the partial presentation of findings from the final report in the committee on budgetary control meeting of 28 february 2022 are indeed confirmed in the final report; notes from the statements of the chair of the agency’s management board in the committee on budgetary control meeting of 13 july 2022 that actions have been taken in follow-up to olaf’s conclusions in the final report; notes the comments from the chair of the agency’s management board , and the commission’s deputy director-general for migration and home affairs that the report shows the failings of the individuals concerned , and that there is no structural issue; ### 10. notes that the serious concerns raised on the basis of the partial presentation of findings from the final report in the committee on budgetary control meeting of 28 february 2022 are indeed confirmed in the final report; notes from the statements of the chair of the agency’s management board in the committee on budgetary control meeting of 13 july 2022 that actions have been taken in follow-up to olaf’s conclusions in the final report; notes the comments from the chair of the agency’s management board , and the commission’s deputy director-general for migration and home affairs that the report shows the failings of the individuals concerned , and that there is no structural issue; recalls further that it was reconfirmed at this meeting that the olaf final report does not contain any financial implications or indications of violations of sound financial management at the agency;


### 13. recalls the discharge authority’s concern about the recruitment of the agency’s fundamental rights monitors in the appropriate grades; calls on the agency to swiftly complete the ongoing recruitment procedures and work on embedding the work of the fro into the operational procedures of the agency; ### 13. is disappointed that the agency is still unable to fulfil the requirement of regulation (eu) 2019/1896 , which provided for the recruitment of at least 40 fundamental rights monitors by december 2020; recalls the discharge authority’s concern about the recruitment of the agency’s fundamental rights monitors in the appropriate grades; regrets the fact that the agency has also still not established a detailed procedure for the implementation of article 46 of regulation (eu) 2019/1896; reiterates its call on the agency to swiftly complete the ongoing recruitment procedures and to work on embedding the work of the fro into the operational procedures of the agency; asks the agency to report to the discharge authority on this matter;


### 15. notes the gender balance reported for 2020 at senior management level with 15 men (75 %) and 5 women (25 %) , at the level of the management board with 50 men (83 ,3 %) and 10 women (16 ,7 %) , and for the agency’s staff overall , with 870 men (70 ,5 %) and 364 women (29 ,5 %); ### 15. is concerned of the gender unbalance reported for 2020 at senior management level with 15 men (75 %) and 5 women (25 %) , at the level of the management board with 50 men (83 ,3 %) and 10 women (16 ,7 %) , and for the agency’s staff overall , with 870 men (70 ,5 %) and 364 women (29 ,5%); asks the agency to ensure gender balance at the management and staff levels in the future; 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;


### 21. regrets that not all management board member cvs and declarations of interest are published on the agency’s website , most notably the declarations of interest of the chair person and deputy chairperson of the management board; calls on the agency , with the aim of increasing transparency , to publish the missing cvs and declarations of interest on its website and to report to the discharge authority on the measures taken in that regard; ### 21. regrets that not all management board member cvs and declarations of interest are published on the agency’s website; calls on the agency , with the aim of increasing transparency , to publish the missing cvs and declarations of interest on its website and to report to the discharge authority on the measures taken in that regard;


### 1. welcomes the fact that the court of auditors ('the court') has declared the transactions underlying the annual accounts of the european union agency for law enforcement cooperation (europol) ('the agency') for the financial year 2020 to be legal and regular in all material aspects; highlights the fact that the agency’s budget increased from eur 169 million to eur 183 million (+8.3%) and that its staff increased from 837 to 884 members of staff (+5.6%) compared to 2019; ### 1. welcomes the fact that the court of auditors ('the court') has declared the transactions underlying the annual accounts of the agency for the financial year 2020 to be legal and regular in all material aspects and that its financial position on 31 december 2020 is fairly presented; highlights the fact that the agency’s budget increased from eur 169 million to eur 183 million (+8.3%) and that its staff increased from 837 to 884 members of staff (+5.6%) compared to 2019;


### 2. deeply regrets that late payments were issued by the agency in 33% of the cases in 2020 and that eur 12 000 of interest was incurred as a consequence of those late payments; notes that the agency has explained this issue in the context of continued understaffing , affecting infrastructure areas in particular; notes that the agency is currently taking actions regarding this outstanding observation; calls on the agency to increase its efforts in this area in order to avoid reputational risk; ### 2. regrets that late payments were issued by the agency in 33% of the cases in 2020 and that eur 12 000 of interest was incurred as a consequence of those late payments; notes that in 2020 the value of invoices paid late represented 3% of all payments made in 2020 (4.6% in 2019); notes that the agency has explained this issue in the context of continued understaffing , affecting infrastructure areas in particular , including financial administration , and that this situation has been worsened by the pandemic; welcomes the mitigation actions taken by the agency to prioritise high-value payments; notes that the agency is currently taking actions regarding this outstanding observation; calls on the agency to increase its efforts in this area in order to avoid reputational risk;


### 2. deeply regrets that late payments were issued by the agency in 33% of the cases in 2020 and that eur 12 000 of interest was incurred as a consequence of those late payments; notes that the agency has explained this issue in the context of continued understaffing , affecting infrastructure areas in particular; notes that the agency is currently taking actions regarding this outstanding observation; calls on the agency to increase its efforts in this area in order to avoid reputational risk; ### 2. deeply regrets that late payments were issued by the agency in 33% of the cases in 2020 and that eur 12 000 of interest was incurred as a consequence of those late payments; notes that the agency has explained this issue in the context of continued understaffing , affecting infrastructure areas in particular; notes that the agency’s reply to the court´s observations , however , does not address the structural character of late payments; calls on the agency to identify origin of delays connected to these payments and to increase its efforts in this area in order to avoid financial and reputational risk;


### 3. notes that the agency is addressing the 2019 court’s finding relating to the weaknesses in contract management and ex ante controls linked to the fact that the agency irregularly prolonged again the duration of a framework contract for the provision of business travel services by signing an amendment after the contract had expired; takes note of the agency's commitment to have an internal audit on contract management in 2021 with a view to obtaining additional assurance on its contract management arrangements; calls on the agency to improve the regularity of transactions; ### 3. notes that the agency is addressing the 2019 court’s finding relating to the weaknesses in contract management and ex ante controls linked to the fact that the agency irregularly prolonged again the duration of a framework contract for the provision of business travel services by signing an amendment after the contract had expired; notes the agency´s reply that the decision was result of a thorough assessment to preserve business continuity and did not constitute a weakness in ex-ante controls; takes note of the agency's commitment to have an internal audit on contract management in 2021 with a view to obtaining additional assurance on its contract management arrangements; calls on the agency to improve the regularity of transactions;


### 5. notes the order of the european data protection supervisor (edps) issued in january 2022 to the agency to erase data concerning individuals with no established link to a criminal activity (‘data subject categorisation’ or ‘dsc’); notes that the order concerned large and complex datasets owned by member states and operational partners which are provided to the agency in connection with investigations supported within its mandate; notes that the agency proactively requested the edps for guidance in april 2019; acknowledges that the decision of the edps highlights that it is not possible for the agency , when receiving large datasets , to ascertain that all information contained in those large datasets complies with the dsc assignment; ### 5. notes the decision of the european data protection supervisor (edps) issued on 3 january 2022 , which requires the agency to erase data concerning individuals with no established link to a criminal activity; notes that this concerns large and complex datasets owned by member states and operational partners which were provided to the agency in connection with investigations supported within its mandate; takes note of the fact that the agency proactively requested the edps for guidance in april 2019; notes that the edps has been in a dialogue with the agency about this matter and that the agency prepared a dedicated action plan; notes that the agency was given 12 months to implement the order to proceed with data subject categorisation (dsc) for all uncategorised datasets held on the day of the decision of the edps and six months from the date of reception of new datasets; notes the agency's stated commitment to the highest standards of data protection , while regulation (eu) 2016/7941a does not contain an explicit provision authorising the agency to process datasets for the purpose of dsc and setting a maximum time period for such processing; underlines that the decision of the edps will impact the agency's ability to analyse complex and large datasets in support of ongoing criminal investigations concerning crimes falling within the scope of the agency's mandate , since the agency's support frequently entails a period longer than six months; welcomes that the political agreement on the reinforced mandate of the agency reached by the co-legislators in february 2022 addresses the concerns of the edps by defining the conditions for processing and the storage periods for large and complex datasets;


### 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); is concerned by the lack of gender balance and asks the agency to ensure better gender balance at the management and staff levels in the future; 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;


### — having regard to the charter of fundamental rights of the european union , and in particular articles 7 and 8 thereof , ### — having regard to the charter of fundamental rights of the european union , and in particular articles 7 and 8 and 47 thereof ,


### a. whereas present-day terrorism and organised crime are becoming increasingly dynamic , complex , globalised , mobile and mainly transnational phenomena , which require a robust response and more effective , coordinated eu cooperation with international law enforcement authorities and bodies such as the international criminal police organization (interpol); whereas the 2020 eu security union strategy calls on the member states to step up cooperation between the eu and interpol , as this is essential to enhancing cooperation and information exchange; ### a. whereas present-day terrorism as well as serious and organised crime are becoming increasingly dynamic , complex , globalised , mobile and transnational phenomena , which require a robust response and more effective , coordinated eu cooperation with international law enforcement authorities and bodies such as the international criminal police organization (interpol); whereas the 2020 eu security union strategy calls on the member states to step up to step up multilateral cooperation and coordination between the eu and interpol , as this is essential to enhancing cooperation and information exchange;


### b. whereas international cooperation is a main component of effective law enforcement and judicial cooperation , especially if it involves the processing and sharing of personal data; whereas bilateral agreements with key partners play an important role in obtaining information and evidence from beyond the eu; ### b. whereas effective international law enforcement and judicial cooperation require the processing and sharing of personal data; whereas international agreements with key partners play an important role in obtaining information and evidence from beyond the eu;


### c. whereas interpol is one of the largest inter-governmental criminal police organisations and has an important role to play all over the world; whereas the commission , on behalf of the eu , is seeking reinforced cooperation with interpol , including access to interpol databases and the strengthening of operational and strategic cooperation: whereas it is paramount to ensure that measures are put in place to guarantee the integrity and correctness of data in practice; ### c. whereas interpol is the world’s largest international criminal police organisation and has an important role to play all over the world; whereas interpol is based on inter-governmental cooperation; whereas the commission , on behalf of the eu , entered into negotiations on an international agreement seeking reinforced cooperation with interpol , including access to interpol’s databases and the strengthening of operational and strategic cooperation in december 2021 and it expects to conclude them by the end of 2022; whereas it is paramount to ensure that the final agreement puts in place measures to guarantee the respect of the principles relating to the processing of personal data set out in eu law in practice;


### d. whereas the eu and interpol already have long-standing cooperation in a range of law enforcement-related areas through the operational implementation of the eu policy cycle - empact (european multidisciplinary platform against criminal threats) and by supporting the activities of member states in cooperation with eu agencies , such as the eu agency for law enforcement cooperation (europol) , the european border and coast guard agency (frontex) , the eu agency for law enforcement training (cepol) , the european monitoring centre for drugs and drug addiction (emcdda) , the eu agency for the operational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) , on the basis of agreements or working arrangements; whereas on 5 november 2001 , europol and interpol signed an operational agreement followed by a memorandum of understanding allowing the transfer of personal data through their respective liaison officers; whereas on 27 may 2009 frontex signed a working agreement with interpol establishing a framework for cooperation with the objective of facilitating the prevention , detection and combating of cross-border crime and improving border security to combat illegal immigration , people smuggling and trafficking in human beings; ### d. whereas the eu and interpol already have long-standing cooperation in a range of law enforcement-related areas through the operational implementation of the eu policy cycle/empact (european multidisciplinary platform against criminal threats) and by supporting the activities of member states in cooperation with eu agencies , such as the eu agency for law enforcement cooperation (europol) , the european border and coast guard agency (frontex) , the eu agency for law enforcement training (cepol) , the european monitoring centre for drugs and drug addiction (emcdda) and the eu agency for the operational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) , on the basis of agreements or working arrangements; whereas on 5 november 2001 , europol and interpol signed an operational agreement followed by a memorandum of understanding allowing the transfer of personal data through their respective liaison officers; whereas on 27 may 2009 , frontex signed a working agreement with interpol establishing a framework for cooperation with the objective of facilitating the prevention , detection and combating of cross-border crime and improving border security to combat illegal immigration , people smuggling and trafficking in human beings;


### e. whereas interpol’s 19 databases , which include potentially valuable information , are directly accessible by eu member states as member countries of interpol , while eu agencies such as frontex , the eu agency for criminal justice cooperation (eurojust) and the european public prosecutor’s office (eppo) currently do not have any access to these databases – either directly or on a ‘hit/no hit’ basis – due to the lack of an agreement with interpol , which is required for this purpose under interpol’s rules on the processing of data; ### e. whereas individual eu member states in their capacity as interpol member countries can directly access interpol’s 19 databases , which include valuable information on individuals , stolen property , weapons and threats such as firearms; whereas frontex , the eu agency for criminal justice cooperation (eurojust) and the european public prosecutor’s office (eppo) currently do not have any access to these databases in line with their mandates – either directly or on a ‘hit/no hit’ basis – due to the lack of an agreement with interpol , which is required for this purpose under interpol’s rules on the processing of data;


### f. whereas current cooperation between the eu and interpol should be stepped up and extended to new areas; whereas procedures should be improved , accelerated and streamlined to address a series of indispensable operational needs in order to facilitate swift access to information related to counter-terrorism including interpol notices containing information on terrorists in order to increase cooperation to counter shared threats such as terrorism , organised crime , cybercrime , child sexual abuse and trafficking in human beings; ### f. whereas current cooperation between the eu and interpol is already close in the area of counterterrorism; whereas it should be stepped up and extended to new areas to address indispensable operational needs and to implement existing union legal acts;


### h. whereas the new agreement should establish a modern and coherent framework for the eu’s agencies’ cooperation with interpol , taking into account the latest developments in combating terrorism and cross-border , transnational , serious and organised crime; whereas the agreement should respond to current operational needs , as well as to the eu’s latest data protection regime and provide the legal basis for the exchange of operational information and access to relevant interpol databases; ### h. whereas the new agreement should establish a modern and coherent framework for the cooperation of eu agencies with interpol , taking into account the latest developments in combating terrorism and cross-border , transnational , serious and organised crime; whereas the agreement should respond to current operational needs and comply with the applicable union data protection legal framework and relevant jurisprudence by the european court of justice (ecj); whereas the agreement will provide the legal basis for the exchange of operational information , including personal data , and access to relevant interpol databases by union agencies in line with their mandates;


### i. whereas interoperability has been a priority since at least , may 2019 , when the framework for interoperability between eu information systems in the area of justice and home affairs was adopted; whereas an advanced and shared data infrastructure is currently in place in the eu for police and judicial cooperation , asylum and migration , as well as borders and visa; whereas this advanced and shared data infrastructure , and the systems and eu databases that constitute it , allows for very limited and highly regulated information sharing with third countries or international organisations; ### i. whereas the adoption of the union legal framework for interoperability between eu information systems in the area of justice and home affairs in may 2019 led to exploratory talks between the eu and interpol on the need to enter into a cooperation agreement; whereas an advanced and shared data infrastructure is currently in place in the eu for police and judicial cooperation , asylum and migration , as well as borders and visa; whereas this advanced and shared data infrastructure and the it systems and eu databases that constitute it , allow for very limited and highly regulated information sharing with third countries or international organisations;


### j. whereas according to the negotiation mandate the new agreement should regulate cooperation between europol , the eppo , eurojust and frontex and provide direct access by these agencies and member states for the performance of their tasks to two of interpol’s databases - the stolen and lost travel document (sltd) and travel document associated with notices (tdawn) databases via the european search portal (esp) , in compliance with eu data protection requirements and with fundamental rights; ### j. whereas , according to the negotiation mandate , the new agreement should govern cooperation between interpol and europol , the eppo , eurojust and frontex and provide direct access by these union agencies and member states for the performance of their tasks to two of interpol’s databases - the stolen and lost travel document (sltd) and travel document associated with notices (tdawn) databases via the european search portal (esp) , in compliance with eu data protection requirements and with fundamental rights;


### k. whereas international organisations continue to report abuses by some states of interpol’s notice system in order to persecute national human rights defenders , civil society activists and journalists in violation of international standards on human rights; whereas according to reports by international actors , interpol has significantly reformed and strengthened its red notices review processes , as well as its support systems for national central bureaus in member countries , reformed the setup and functioning of the commission for the control of files , enforcing its complaints mechanism , appointed a data protection officer and implemented a learning and knowledge-sharing programme; ### k. whereas international organisations continue to report abuses by some states of interpol’s notice system in order to persecute national human rights defenders , civil society activists and journalists in violation of international standards on human rights; whereas according to reports of the commission and civil society organisations , interpol has significantly reformed and strengthened its red notices review processes , as well as its support systems for national central bureaus in member countries , reformed the setup and functioning of the commission for the control of files (ccf) , which enforces its complaints mechanism , appointed a data protection officer and implemented a learning and knowledge-sharing programme;


### l. whereas russia still remains a member of interpol and whereas cooperation with the european union and interpol members is based on trust; whereas trust between parties relies on the swift tackling of misuse of interpol notices by countries seeking to use interpol systems for political ends; whereas , in this context , interpol’s systems must respect human rights and the rule of law , and uphold its commitments on political , religious or military abuse; ### l. whereas cooperation with the european union and interpol members is based on trust; whereas trust between parties relies on the swift tackling of misuse of interpol notices by countries seeking to use interpol systems for political ends; whereas , in this context , interpol’s systems must respect human rights and the rule of law and article 3 of the interpol constitution , which strictly prohibits interpol to undertake any intervention or activities of a political , religious , racial or military character;


### 1. recalls that european values and fundamental rights must be the basis of european security policies , ensuring respect for the principles of necessity , proportionality and legality and safeguarding accountability and judicial redress , while enabling effective protection of individuals , particularly the most vulnerable; recalls , further , that these principles should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework for the many systems in justice and security , including borders; ### 1. recalls that european values and fundamental rights must be the basis of union policy in the area of law enforcement cooperation , ensuring respect for the principles of necessity , proportionality and legality and safeguarding accountability and judicial redress , while enabling effective protection of individuals , particularly the most vulnerable; recalls , further , that these principles should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework for the many systems in justice and security , including borders;


### 2. recommends that the commission follow the council’s approach and duly take into account the difference between judicial cooperation in criminal matters and police cooperation , on the one hand , and border management on the other hand; ### 2. recommends that the commission follow the council’s differentiation between the areas of law enforcement , judicial cooperation in criminal matters , and the area of border security;


### 4. recommends that the commission provide during the negotiations on controlled access to interpol’s databases by eu member states and eu agencies the necessary safeguards and guarantees to ensure full compliance with the eu data protection framework and fundamental rights; stresses that the agreement should at least provide the safeguards already provided by the europol regulation; ### 4. recommends that the commission provide during the negotiations on controlled access to interpol’s databases by eu member states and eu agencies the necessary safeguards and guarantees to ensure full compliance with the horizontal eu data protection legal framework , with the specific safeguards and data protection requirements stipulated by the legal bases of the union agencies and the eu information systems , and with fundamental rights; stresses that the agreement should at least provide the safeguards already provided by regulation (eu) 2016/794;


### 5. recommends special vigilance during the negotiations due to the sensitivity of the data concerned and to the number of third countries members of interpol , which are not party to an equivalent agreement with the eu or whose authorities to which personal data is intended to be transferred are not covered by a commission adequacy decision; ### 5. expects special vigilance during the negotiations due to the sensitivity of the data concerned and to the number of third country members of interpol , which are not party to an international agreement pursuant to article 218 tfeu allowing for the exchange of operational personal data with the eu , or whose authorities to which personal data is intended to be transferred are not covered by a commission adequacy decision;


### 6. recommends the adoption of the safeguards and guarantees needed to authorise the european travel information and authorisation system (etias) central unit established within frontex and eu member states to access interpol’s sltd and tdawn databases via the esp , as well as of the safeguards and guarantees needed to efficiently implement the revised visa information system regulation that authorises eu member states to access interpol’s sltd and tdawn databases via the esp when examining applications for visas or residence permits , in full compliance with eu data protection requirements and with fundamental rights; ### 6. recommends the adoption of the safeguards and guarantees needed to authorise the european travel information and authorisation system (etias) central unit established within frontex and eu member states to access interpol’s sltd and tdawn databases via the esp , as well as of the safeguards and guarantees needed to efficiently implement regulation (eu)2008/767 authorising eu member states to access interpol’s sltd and tdawn databases via the esp when examining applications for visas or residence permits , in full compliance with eu data protection requirements and with fundamental rights;


### 7. recommends that the commission ensure that the level of personal data protection and the protection of individuals’ fundamental rights and freedoms currently guaranteed under eu primary and secondary law is maintained in exchanges of personal data with interpol; the commission’s negotiation strategy should not lead to a weakening of the fundamental rights and freedoms of natural persons , and in particular of their rights to data protection and to privacy; ### 7. calls on the commission to ensure that the level of personal data protection and the protection of individuals’ fundamental rights and freedoms guaranteed by the agreement with interpol is essentially equivalent to that under eu primary and secondary law; stresses that the negotiations should not lead to a weakening of the fundamental rights and freedoms of natural persons , and in particular of their rights to data protection and to privacy;


### 8. recommends that the commission guarantee that the transfer of personal data is adequate , relevant and limited to what is necessary for the purpose for which it has been transferred; ### 8. stresses that the agreement should guarantee that the transfer of personal data is adequate , relevant and limited to what is necessary for and proportionate to the purpose for which it is transferred; highlights further that it should provide for the possibility to indicate any restriction on access or use , including a restriction on further transfers , or erasure at the time of transfer;


### 9. recommends that the commission guarantee that the processing of data is limited to what is necessary in individual cases for the purposes of the agreement and that any further data processing incompatible with the initial purpose is prohibited; the agreement has to clearly indicate that decisions based solely on the automated processing of personal information without human involvement are not allowed; ### 9. considers it necessary to require that the purposes for which data may be transferred should be clearly spelt out in the agreement and that any further data processing incompatible with the initial purpose should be prohibited; considers that the agreement has to clearly indicate that decisions based solely on the automated processing of personal information without human involvement are not allowed;


### 10. recommends that the commission ensure an oversight system for the use by interpol of personal data collected by consulting eu systems; ### deleted


### 11. recommends that the commission guarantee that data is not retained for longer than is necessary for the purpose for which it was transferred; in this context the agreement has to provide rules on storage , including storage limitation , on review , correction and deletion of personal data; ### 11. recommends that the commission guarantee that interpol does not retain data for longer than is necessary for the purpose for which it was transferred; in this context , expects the agreement to provide rules on storage , including on storage limitation , review , rectification and deletion of personal data;


### 12. recommends that the commission ensure the rights to administrative and judicial redress for any person whose data are processed under this agreement and that it guarantee effective remedies; ### 12. calls on the commission to ensure the rights to administrative and judicial redress for any person whose data are processed under this agreement and that it guarantees effective remedies;


### 13. stresses that cooperation and information sharing are important tools to combat crime and terrorism and pursue justice , but they need to be targeted and used with common safeguards and checks; underscores that they should address fundamental rights challenges in particular by enhancing data quality , mitigating bias , detecting errors and avoiding any form of discrimination in the decision-making process; ### 13. stresses that law-enforcement cooperation and information sharing are important tools to combat crime and terrorism and pursue justice , but they need to be targeted and subject to appropriate safeguards and checks; underscores that they should address fundamental rights challenges in particular by enhancing data quality , mitigating bias , detecting errors and avoiding any form of discrimination in the decision-making process;


### 15. recommends that in view of the rules governing access to data and information sharing in the different eu systems and databases , the terms of the future cooperation agreement with interpol should provide the safeguards and guarantees needed to give controlled access to interpol’s databases via the esp by member states and eu agencies as required to carry out their tasks , in line with their access rights and eu or national law covering such access and in full compliance with eu data protection requirements and fundamental rights; ### 15. recommends that in view of the rules governing access to data and information sharing in the different eu systems and databases , the terms of the future cooperation agreement with interpol should provide the safeguards and guarantees needed to give controlled access to interpol’s databases via the esp by member states and relevant eu agencies as required to carry out their tasks , in line with their access rights and eu or national law covering such access and in full compliance with eu data protection requirements and fundamental rights;


### 18. recalls that according to the eu’s current legislative framework , the transfer of data from the eu to third countries and international organisations is allowed only if the recipients of this information are able to guarantee an adequate level of personal data protection; recommends in this context that in the absence of an adequacy decision on interpol , the agreement should constitute the legal basis allowing the transfer of personal data to interpol , provided that it is legally binding and enforceable against all parties to the agreement and that it includes appropriate data protection safeguards; ### 18. recalls that according to the eu’s current legislative framework , the transfer of data from the eu to third countries and international organisations is allowed only if the recipients of this information are able to guarantee an adequate level of personal data protection to that of the union; underlines in this context that the agreement should constitute the legal basis allowing the transfer of personal data to interpol , provided that it is legally binding and enforceable against all parties to the agreement and that it includes appropriate data protection safeguards;


### 19. recommends limiting the application of derogations for onward transfers to the cases already allowed for eu agencies and bodies concerned when transferring personal data; ### 19. recommends limiting the application of derogations for onward transfers of personal data to the cases provided for in chapter v of regulation (eu)2018/1725;


### 22. stresses , with a view to future cooperation , that despite recent reforms transparency remains a challenge both at the individual and the organisational level in interpol , as does a lack of available statistical information on the operation of its notices systems; encourages the commission , therefore , to take actions to ensure that interpol further develops the legal framework and substantive tools allowing consistent and transparent processing of requests , reviews , challenges , corrections and deletions; ### 22. stresses , with a view to future cooperation , that despite recent reforms , transparency remains a challenge both at the individual and the organisational level in interpol , as does a lack of available statistical information on the operation of its notices systems; calls , therefore , on the commission to seek a commitment from interpol that it will further develop the necessary structures and rules as well as substantive tools allowing consistent and transparent processing of requests , reviews , challenges , corrections and deletions;