### 54. notes that the problems identified through media reports , fswg conclusions as well as the findings of the olaf report , led to the refusal of discharge within the previous cycle; highlights that the agency is currently undergoing a transition process , following the resignation of its former executive director , in light of the olaf investigation into the mismanagement of the agency; further welcomes in this sense the various actions taken by the ad-interim management to improve its activities and standards; notes with satisfaction that these activities tackled budgetary and financial management issues such as the clarification of delegations and sub-delegations for payments authorising offices , greater respect for fundamental rights through the enhanced institutional cooperation between the ad-interim executive management and the fundamental rights officer , as well as the changes in the management culture through a visible shift towards decentralisation , delegation and improved dialogue in the decision-making process; welcomes in particular the ad-interim management’s commitment to changing the management culture , working towards breaking the culture of silence , encouraging collective engagement in solving issues; calls on the agency to continue its commitment towards fully implementing these necessary reforms , also after the appointment of a non-interim executive director , and to report to the discharge authority about the progress achieved; ### 54. notes that the problems identified through media reports , fswg conclusions as well as the findings of the olaf report , led to the refusal of discharge within the previous cycle; highlights that the agency is currently undergoing a transition process; further welcomes in this sense the various actions taken by the ad-interim management to improve its activities and standards; notes with satisfaction that these activities tackled budgetary and financial management issues such as the clarification of delegations and sub-delegations for payments authorising offices , greater respect for fundamental rights through the enhanced institutional cooperation between the ad-interim executive management and the fundamental rights officer , as well as the changes in the management culture through a visible shift towards decentralisation , delegation and improved dialogue in the decision-making process; welcomes in particular the ad-interim management’s commitment to changing the management culture , working towards breaking the culture of silence , encouraging collective engagement in solving issues; calls on the agency to continue its commitment towards fully implementing these necessary reforms , also after the appointment of a non-interim executive director , and to report to the discharge authority about the progress achieved;


### 3. welcomes the creation of the expert group on fundamental rights with the aim to integrating a fundamental rights dimension in all cepol training and events; welcomes the signature of the working arrangement with the fundamental rights agency; ### 3. welcomes the creation of the expert group on fundamental rights with the aim to integrating a fundamental rights dimension in all cepol training and events; welcomes the signature of the working arrangement with the fundamental rights agency and ongoing negotiations with european monitoring centre for drugs and drug addiction and european union agency for asylum; further appreciates cepol's working arrangements with europol , eurojust , frontex , ejtn , european commission , easo , interpol and other relevant stakeholders;


### 4. reinstate the importance of law enforcement training on strategies to fight racism and discrimination , and to prevent racial and ethnic profiling and violence. underlines the urgent need for specialised training focusing on the dangers and proper use of ai technologies by police authorities; ### 4. highlights that the law enforcement training at eu level needs to reflect the eu security threats in line with cepol’s mandate including strategies to counter terrorism , migration , and to fight racism and discrimination4a; underlines the need for specialised training focusing on dangers and the proper use of ai technologies , by police authorities as a key enabling technology to ensure safety and security of citizens;


### 5. notes that the court observed weaknesses in cepol’s internal control environment , in relation to the management of budgetary commitments; ### 5. recalls that the court observed weaknesses in cepol’s internal control environment , in relation to the management of budgetary commitments , and welcomes cepol taking concrete steps to address those errors including regular contract management training for project managers and other relevant staff to increase awareness and reduce occurrence of such cases;


### 6. regrets that there have been irregularities in payment of expenses related to organisation of cepol events in non-eu countries; notes that the weaknesses identified in relation to the cepol procurement procedure can compromise the principle of transparency and expose the agency to reputational and legal risks; ### 6. welcomes cepol’s significant role in the achievement of the eu’s policy objectives in the jha area and its external aspects; encourages cepol to continue cooperation with law enforcement partners outside the eu and further implementation of projects in third countries aimed at prevention of security threats such as terrorism; regrets that there have been irregularities in payment of expenses related to organisation of cepol events in non-eu countries associated with uncertainty created by the covid-19 pandemic; welcomes that in january 2022 cepol signed a new framework contract covering events in those countries; notes that the weaknesses identified in relation to the cepol procurement procedure can compromise the principle of transparency and expose the agency to reputational and legal risks;


### 7. calls on the agency to ensure full transparency and full respect with fundamental rights in all its activities , including those with third countries. ### 7. recalls that the agency should ensure full transparency and full respect with fundamental rights in all its activities , including those with third countries.


### 8. welcomes the establishment of the expert group on fundamental rights with the purpose to improve the agency’s training strategy in this area and of the expert group on the enhancement of cooperation between the agency and the member states aiming to improve the quality and efficiency in cooperation matters; welcomes the expert group suggestion to add fundamental rights as a cross cutting issue to the trainings offered in both member states and third countries; ### 8. welcomes the establishment of the expert group on fundamental rights with the purpose of improving the agency’s training strategy in this area and of the expert group on the enhancement of cooperation between the agency and the member states aiming to improve the quality and efficiency in cooperation matters; notes the expert group suggestion to add fundamental rights as a cross-cutting issue to the trainings offered where applicable in both member states and third countries with particular emphasis on fundamental rights and crime prevention ;


### 12. underlines that in spite of a significant widening of the agency’s work with the entry into force of its current mandate , this aspect has still not been followed up with a similar increase in staff numbers; notes with concern the suggestions made by the commission to the agency not to request new posts for the upcoming years , in spite of the necessity of more staff; highlights in addition that in absence of additional human resources , the agency is using contract agents on a number of tasks that would normally be executed by temporary agents; urges the commission to reconsider its position concerning the grading of posts in order for them to reflect the workload and responsibilities of staff; ### 12. underlines that cepol directly reaches only a small fraction of its target population through its training activities; highlights that given cepol’s relatively small size and its annual budget cepol cannot be expected to directly reach a sizeable proportion of the target audience through residential training activities as intended by its current mandate; notes with concern the suggestions made by the commission to the agency not to request new posts for the upcoming years , in spite of the necessity of more staff; highlights in addition that in the absence of additional human resources , the agency is using contract agents on a number of tasks that would normally be executed by temporary agents; urges the commission to reconsider its position concerning the grading of posts in order for them to reflect the workload and responsibilities of staff;


### 13. notes with concern that the staff turnover rate remained high in 2021 , at 11.8%; appreciates the efforts undertaken by the agency to address this issue , including by introducing a new structured exit interview; highlights that the results of conducting such interviews have revealed that the high turnover is mostly caused by the high workload and low grading of posts; underlines in addition that the agency has been experiencing difficulties with the recruitment process , caused by both a low number of applications and a high number of successful candidates refusing the job offers; highlights that the salary correction coefficient applied to remunerations offered for positions within the agency has an extremely negative impact on the agency’s ability to reduce staff turnover , to recruit the necessary staff it requires for the optimal implementation of its mandate , as well as to become attractive for highly skilled candidates; calls on the commission to revise the correction coefficient in order to better reflect the economic realities of relocating to and living in the agency host city; further calls on the commission and the agency to make available additional facilities such as access to international schools , child and healthcare , in order to make working for the agency more attractive; ### 13. notes that the staff turnover rate remained high in 2021 , at 11.8%; notes that staff fluctuation in 2021 was lower than in 2020 and did not have a significant impact on the organisation; appreciates the efforts undertaken by the agency to address this issue , including by introducing a new structured exit interview; highlights that the results of conducting such interviews have revealed that the high turnover is mostly caused by the high workload and low grading of posts; underlines in addition that the agency has been experiencing difficulties with the recruitment process , caused by both a low number of applications and a high number of successful candidates refusing the job offers; highlights that the salary correction coefficient applied to remunerations offered for positions within the agency has an extremely negative impact on the agency’s ability to reduce staff turnover , to recruit the necessary staff it requires for the optimal implementation of its mandate , as well as to become attractive for highly skilled candidates; calls on the commission to revise the correction coefficient in order to better reflect the economic realities of relocating to and living in the agency host city; further calls on the commission and the agency to make available additional facilities such as access to international schools , child and healthcare , in order to make working for the agency more attractive;


### 15. welcomes the agency’s reported gender breakdown for 2021 with 3 men and 3 women in management functions (1 senior manager and 5 middle managers) , with 16 men (59%) and 11 women (41%) in the management board , and overall staff with 39 men (45%) , and 48 women (55%); commends the agency for the gender balance achieved in 2021; ### 15. welcomes the agency’s reported gender breakdown for 2021 with 3 men and 3 women in management functions (1 senior manager and 5 middle managers) , with 16 men (59%) and 11 women (41%) in the management board , and overall staff with 39 men (45%) , and 48 women (55%); commends the agency for the gender balance achieved in 2021; is however concerned about the lack of geographical balance and that the agency does not employ any staff from cyprus , czech republic , denmark , france , ireland , luxembourg , malta and slovenia; urges the agency to consider with uttmost priority geographical balance in its recruitment procedures and report to the discharge authority any development in this regard;


### digitalisation and green transition ### digitalisation and sustainability


### 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 criminal justice cooperation (eurojust) for the financial year 2021 to be legal and regular in all material respects; notes that its budget in 2021 increased from eur 51 million to eur 57 million (+11.76%) while its staff increased from 242 to 254 (+4.95%); ### 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 criminal justice cooperation (eurojust) for the financial year 2021 to be legal and regular in all material respects; notes that its budget in 2021 increased from eur 51 million to eur 57 million (+11.76%) while its staff increased from 242 to 254 (+4.95%); whereas casework increased by 15%; welcomes that eurojust implemented 99.97% of its final budget , excluding external assigned revenue , and cancelled only 2.6% of the eur 6.2 million carried-over from 20201a;


### 2. notes that eurojust is among the eu agencies for which the court reported contracts affected by public procurement shortcomings; notes , in particular , that a procurement procedure for leasing of vehicles was irregular and that all subsequent payments made based on this framework contract were irregular; notes that with regard to the court’ ongoing observation from 2020 on the legality and regularity of transactions , the status of corrective action is reportedly ongoing; ### 2. notes that eurojust is among 22 eu agencies for which the court reported contracts affected by public procurement shortcomings; notes that audit report for the 2020 financial year considered procurement procedure for leasing of vehicles as irregular and that all subsequent payments made based on this framework contract were irregular; notes that with regard to the court's ongoing observation from 2020 on the legality and regularity of transactions , the status of corrective action is reportedly ongoing and remedies have been already foreseen;


### 3. appreciates eurojust’s extensive activities in supporting and coordinating the work of national judicial authorities in investigating and prosecuting transnational crime; welcomes that in 2021 the agency offered support to over 10 000 cross-border criminal investigations , provided 1 928 rapid responses to judicial cooperation requests and participated in over 1 400 large-scale operations and guaranteed legal , financial and/or operational support to 254 joint investigation teams; ### 3. appreciates eurojust’s extensive activities in supporting and coordinating the work of national judicial authorities in investigating and prosecuting serious cross-border organized crime; welcomes that in 2021 the agency offered , for the first time in its history , support to over 10 000 cross-border criminal investigations , provided 1 928 rapid responses to judicial cooperation requests and participated in over 1 400 large-scale operations and guaranteed legal , financial and/or operational support to 254 joint investigation teams;


### 4. welcomes the working arrangement with european public prosecutor’s office (eppo) signed in february 2021 and the close cooperation with the european anti-fraud office (olaf) , european union agency for law enforcement cooperation (europol) , and the european data protection supervisor (edps); ### 4. welcomes the working arrangement with european public prosecutor’s office (eppo) signed in february 2021 and the close cooperation with the european anti-fraud office (olaf) , european union agency for law enforcement cooperation (europol) , european data protection supervisor (edps) and encourages further development of operational cooperation with the european border and coast guard agency (frontex);


### 5. welcomes that eurojust and the european union agency for fundamental rights (fra) intend to increase their cooperation in the future; supports the perspective of strengthened cooperation between eurojust and the fra , in particular with regard to detention conditions problems , access to lawyers , and victims’ rights. ### 5. welcomes that eurojust and the european union agency for fundamental rights (fra) intend to increase their cooperation in the future; supports the perspective of strengthened cooperation between eurojust and the fra , in particular with regard to detention conditions problems , access to lawyers , and victims’ rights; furthermore welcomes and encourages further developed operational cooperation with europol;


### 8. notes with concern the lack of gender balance within the agency for 2021 with 6 men (67%) and 3 women (33%) in senior and middle management , 18 men (67%) and 9 women (33%) in the agency’s management board , and the staff overall with 77 men (33%) and 158 women (67%); asks the agency to ensure gender balance at the staff level 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 executive board; ### 8. notes the lack of gender and geographical balance within the agency for 2021; notes that the agency reported 6 men (67%) and 3 women (33%) in senior and middle management , 18 men (67%) and 9 women (33%) in the agency’s management board , and the staff overall with 77 men (33%) and 158 women (67%); asks the agency to ensure gender and geographical balance at the staff level 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 executive board;


### 16. notes the court’s observation that a procurement procedure for leasing of vehicles in connection with a framework contract signed in 2020 was irregular; notes with concern the court’s remark that all subsequent payments made based on that contract are irregular , whereas in 2021 such payments amounted to eur 34 022; draws attention that such situations may incur a reputational damage to the agency; calls on the agency to address this finding without further delay and to report to the discharge authority about the solutions identified; ### 16. notes the court’s observation that in their audit report for the 2020 financial year procurement procedure for leasing vehicles in connection with a framework contract signed in 2018 was irregular; notes the court’s remark that all subsequent payments made based on that contract were irregular , whereas in 2021 such payments amounted to eur 34 022; acknowledges agency’s reply that remedies for such cases have been foreseen; draws attention that such situations may incur reputational damage to the agency; calls on the agency to address this finding without further delay and to report to the discharge authority about the solutions identified;


### 18. acknowledges the agency’s standard operating procedure regarding the management of conflicts of interest; notes with interest that , in addition , all staff leaving the agency are requested to fill in a form requesting permission to engage in an occupation for the two subsequent years to ensure that there is no conflict of interest between the future position and their employment with the agency; profoundly regrets , however , that the cvs of senior management , external experts and in-house experts of the agency are not published on its website; reiterates its calls on the agency to publish these cvs on its website without further delay; ### 18. acknowledges the agency’s standard operating procedure regarding the management of conflicts of interest; notes with interest that , in addition , all staff leaving the agency are requested to fill in a form requesting permission to engage in an occupation for the two subsequent years to ensure that there is no conflict of interest between the future position and their employment with the agency; welcomes that the agency publishes on its website the declarations of interest and cvs of its national members , the commission representative in the management board , and that of the administrative director; regrets , however , that the cvs of senior management , external experts and in-house experts; notes , however , that the cvs of senior management , external experts and in-house experts are not published on its website; calls on the agency to publish these cvs on its website without further delay;


### b. whereas , since the start of application of the gdpr , supervisory authorities have received a massive increase in complaints; whereas this illustrates that data subjects are more aware of their rights and want to protect their personal data in line with the gdpr; whereas this also illustrates that large amounts of illegal data processing operations continue to take place; ### b. whereas , since the start of application of the gdpr , supervisory authorities have received a massive increase in complaints; whereas this illustrates that data subjects are more aware of their rights and want to protect their personal data in line with the gdpr;


### 1. welcomes that the gdpr has become a global standard for the protection of personal data and is a factor of convergence in the development of norms; welcomes that the gdpr has placed the eu at the forefront of international discussions about data protection and a number of third countries have aligned their data protection laws with the gdpr; ### 1. welcomes that the gdpr has become a global standard for the protection of personal data and is a factor of convergence in the development of norms; welcomes that the gdpr has placed the eu at the forefront of international discussions about data protection and a number of third countries have aligned their data protection laws with the gdpr; urges the european commission as well as member states to use this momentum to push at un , oecd , g8 , g20 level for the creation of international standards that are shaped on european values and principles; underlines that a dominant european position in this field would help our continent to better defend the rights of our citizens , safeguard our values and principles , promote trustful digital innovation , and to accelerate the economic growth by avoiding fragmentation;


### 2. concludes that , two years after its entry into application , the gdpr has been an overall success and agrees with the european commission that it is not necessary at this stage to update or review the legislation; ### 2. takes note of the assessment of the european commission that , two years after its entry into application , the gdpr has been an overall success; points , however , to the problems and shortcomings identified by stakeholders and confirmed by the commission; disagrees , therefore with the commission that it is not necessary at this stage to update or review the legislation and calls for an urgent , targeted revision aimed at rectifying the identified problems and shortcomings;


### 3. acknowledge that the focus in the coming years must continue to be on the improvement of implementation and actions to strengthen the gdpr; ### 3. acknowledges that the focus , until the commission’s next evaluation , must continue to be on the improvement of implementation and actions to strengthen the gdpr; urges the commission in the meantime to study the effects of the gdpr on future technologies made in europe , single out all legislative shortcomings and eventually , present plans for a more comprehensive revision;


### 5. reminds that since the start of the application of the gdpr , “consent” means any freely , given , specific , informed and unambiguous indication of the data subject’s wishes , underlines that this also applies to the e-privacy directive; notes that the implementation of valid consent continues to be compromised by the use of dark patterns , tracking for commercial purposes and other unethical practices; is concerned that individuals are often put under economic pressure to give consent in return for discounts or other commercial offers , or are forced to give consent by conditioning access to a service through tying provisions , in breach of article 7 of gdpr; ### 5. reminds that since the start of the application of the gdpr , “consent” means any freely , given , specific , informed and unambiguous indication of the data subject’s wishes; notes that the implementation of valid consent continues to be compromised by the use of dark patterns and other unethical practices; notes that individuals are often encouraged to give consent in return for discounts or other commercial offers , or are forced to give consent by conditioning access to a service through tying provisions , in breach of article 7 of gdpr;


### 7. observes that some stakeholders report that the application of the gdpr is challenging especially for small and medium sized enterprises (smes); ### 7. underlines that the application of the gdpr has been particularly challenging for small and medium sized enterprises (smes) , start-ups , organisations associations , clubs as well as societies; notes that the compliance costs as well as legal uncertainty have strongly affected business models and investor confidence , resulting in product abandonment and entrepreneurial discouragement;


### – having regard to the charter of fundamental rights of the european union , ### – having regard to the charter of fundamental rights , in particular articles 6 , 7 , 8 , 11 , 14 , 21 and 24 ,


### a. whereas the union’s security policy must be grounded in the values upon which the eu was founded and which are enshrined in article 2 of the teu , including the principles of democracy and the rule of law , and the charter of fundamental rights; ### a. whereas the union security policy must remain grounded in the values upon which the eu was founded and enshrined in article 2 teu , including the principles of democracy and the rule of law , and the charter of fundamental rights;


### b. whereas the new eu security union strategy should react to the rapidly changing landscape of threats to european security; whereas the commission has identified cybercrime , including identity theft , cybersecurity , hybrid attacks , terrorist attacks and organised crime as the main challenges; ### b. whereas the new eu security union strategy should equip the union and its bodies , including the competent jha agencies with adequate instruments , staff and funding to effectively address existing and emerging challenges in a rapidly changing european security threat landscape , also taking into consideration the consequences of the covid-19 crisis; whereas the commission has identified cybercrime , including identity theft , and challenges to cybersecurity , hybrid attacks , terrorist attacks and organised crime to be the main threats to security;


### b. whereas the new eu security union strategy should react to the rapidly changing landscape of threats to european security; whereas the commission has identified cybercrime , including identity theft , cybersecurity , hybrid attacks , terrorist attacks and organised crime as the main challenges; ### b. whereas the new eu security union strategy should react to the rapidly changing landscape of threats to european security; whereas the commission has identified cybercrime , including identity theft , cybersecurity , hybrid attacks , terrorist attacks and organised crime as the main challenges; maintains that it is important to counteract various aspects of foreign interference into democratic processes such as disinformation , including media-like disinformation channels , distortion of historical facts , as well as indirect financing of political parties or foundations , corruption etc;


### — having regard to articles 1 , 2 , 3 , 4 , and 18 of the charter of fundamental rights of the european union , ### — having regard to articles 1 , 2 , 3 , 4 , and 18 , 19 and 47 of the charter of fundamental rights of the european union ,


### — having regard to articles 2 , 3 , 5 and 8 of the european convention for the protection of human rights and fundamental freedoms (echr) , ### — having regard to articles 2 , 3 , 5 , 8 and 13 of the european convention for the protection of human rights and fundamental freedoms (echr) ,


### — having regard to the judgements of the european court of human rights related to regulation (eu) no 604/2013 , and in particular sharifi v. austria of 5 december 2013 (chamber judgment) , mohammadi v. austria of 3 july 2014 (chamber judgment) , sharifi and others v. italy and greece of 21 october 2014 (chamber judgment) , and tarakhel v. switzerland of 4 november 2014 (grand chamber judgment) , ### — having regard to the judgements of the european court of human rights related to regulation (eu) no 604/2013 , and in particular sharifi v. austria of 5 december 2013 (chamber judgment) , mohammadi v. austria of 3 july 2014 (chamber judgment) , sharifi and others v. italy and greece of 21 october 2014 (chamber judgment) , and tarakhel v. switzerland of 4 november 2014 (grand chamber judgment) , and ecthr - m.s.s. v belgium and greece [gc]; application no. 30696/09 , judgement of 21 november 2011 , related to regulation (ec) no 343/2003 of 18 february 2003 (dublin ii)


### a. whereas 2.5 million people applied for asylum in the european union in the period 2015-2016 , a fourfold increase compared to 2012-2013; ### a. whereas 714 ,200 asylum applications were lodged in the eu in 2019;


### c. whereas in the case of most asylum applications the deadlines laid down as part of dublin procedures are not met and transfers are not carried out; ### c. whereas in the case of most asylum applications , the set of hierarchical criteria and the deadlines laid down as part of dublin procedures are not met and transfers are not carried out;


### d. whereas there have been significant shortcomings in the implementation of the dublin iii regulation , including during the covid-19 crisis , undermining the right to international protection and leading to violations of fundamental rights; ### d. whereas there have been significant shortcomings in the implementation of the dublin iii regulation during the migration crisis in 2015 and during the covid-19 crisis , undermining the trust between the member states and the right to international protection and leading to violations of fundamental rights;


### incorporating the principle of solidarity into the management of asylum seekers ### incorporating the principle of solidarity in the dublin regulation


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


### 1. considers that the dublin system places a significant burden on a minority of member states , in particular when influxes of migrants occur; takes the view that the eu therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among member states , including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum; ### 1. considers that the dublin system places a significant burden on a minority of member states , and primarily those in the front line which , owing to their geographical location , are always the countries of first entry , in particular when influxes of migrants occur; takes the view that the eu therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among member states , including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum;


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


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


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


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


### 2. stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at eu level; deplores the fact that efforts to overhaul the dublin iii regulation have been blocked in the council; ### 2. stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at eu level; calls for a swift adoption of the new pact on asylum and migration;


### 3. notes that the crisis management tool provided for in article 33 did not provide effective support to the member states , nor did it offer a response to the consequences of the covid-19 crisis; considers that a solidarity-based crisis management mechanism , endowed with a financial instrument managed by the commission , should be established to ensure continuity of the right of asylum in the eu under the best possible conditions; ### 3. notes that the crisis management tool provided for in article 33 did not provide effective support to the member states during the crisis in 2015 nor did it offer a response to the consequences of the covid-19 crisis;


### 3. notes that the crisis management tool provided for in article 33 did not provide effective support to the member states , nor did it offer a response to the consequences of the covid-19 crisis; considers that a solidarity-based crisis management mechanism , endowed with a financial instrument managed by the commission , should be established to ensure continuity of the right of asylum in the eu under the best possible conditions; ### 3. notes that the mechanism for early warning , preparedness and crisis management as set out in article 33 has not been applied to date , considers that a solidarity-based mechanism in the eu should be established to ensure continuity of the right of asylum in the eu and not to hinder arrivals and deflect responsibility; emphasizes that the protection of fundamental rights of asylum applicants should always remain at the centre of this mechanism; also notes that the provisions set out in the temporary protection directive has yet to be invoked;


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


### 4. calls on the member states to make use of the discretionary clause in article 17 when exceptional circumstances so warrant , for example to relocate asylum seekers currently living in the greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions; ### 4. calls on the member states to make use of the discretionary clause in article 17 when exceptional circumstances so warrant;


### 4. calls on the member states to make use of the discretionary clause in article 17 when exceptional circumstances so warrant , for example to relocate asylum seekers currently living in the greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions; ### 4. calls on the member states to make use of the discretionary clause in article 17 when exceptional circumstances so warrant , for example to relocate asylum seekers currently living in the greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions with sufficient access to physical and mental health supports;


### 4. calls on the member states to make use of the discretionary clause in article 17 when exceptional circumstances so warrant , for example to relocate asylum seekers currently living in the greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions; ### 4. calls on the member states to expand the use of the discretionary clause in article 17 , to address challenging situations and humanitarian circumstances , as for example to relocate and provide decent reception conditions to asylum seekers currently living in hotspots in inhumane , degrading , unsanitary and unsafe conditions;


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


### 5. urges the introduction , in accordance with international law , of fast-track dublin procedures at the main points of irregular arrival in the eu , in european reception centres , in order to process asylum applications swiftly , assess their merits , determine the member state responsible and , where appropriate , return asylum seekers without an unnecessarily prolonged detention period; ### 5. urges the introduction , in accordance with international law , of fast-track dublin procedures at the main points of irregular arrival in the eu , in european reception centres , in order to process asylum applications swiftly , assess their merits , determine the member state responsible and , where appropriate , return asylum seekers without an unnecessarily prolonged detention period; stresses that children shall not be detained for immigration purposes in line with the new york declaration for refugees and migrant of 19 september 2016 and calls on the eu member states to work out alternatives to detention , such as community-based placements for children;


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


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


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


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


### 7. points out that the protection of fundamental rights must be at the heart of the measures taken to implement the dublin iii regulation , including the protection of children , victims of trafficking and the most vulnerable; ### 7. points out that the protection of fundamental rights must be at the heart of the measures taken to implement the dublin iii regulation , including the protection of children , victims of trafficking and the most vulnerable;


### 7. points out that the protection of fundamental rights must be at the heart of the measures taken to implement the dublin iii regulation , including the protection of children , victims of trafficking and the most vulnerable; ### 7. deplores that the rights of asylum seekers , including that to legal assistance , are often neglected when implementing the dublin iii regulation , points out that the protection of fundamental rights must be at the heart of eu asylum policies and of the implementation process of the dublin iii regulation , including the protection of minors , victims of trafficking , victims of torture , and the most vulnerable;


### 7. points out that the protection of fundamental rights must be at the heart of the measures taken to implement the dublin iii regulation , including the protection of children , victims of trafficking and the most vulnerable; ### 7. points out that the protection of fundamental rights must be at the heart of the measures taken to implement the dublin iii regulation , including the protection of children , victims of trafficking and the most vulnerable; stresses that the protection of fundamental rights must not result in an increase in the trafficking of children or vulnerable people;


### 7. points out that the protection of fundamental rights must be at the heart of the measures taken to implement the dublin iii regulation , including the protection of children , victims of trafficking and the most vulnerable; ### 7. points out that the protection of fundamental rights must be at the heart of the measures taken to implement the dublin iii regulation , including the protection of children , among them unaccompanied minors , and victims of trafficking and the most vulnerable;


### 7. points out that the protection of fundamental rights must be at the heart of the measures taken to implement the dublin iii regulation , including the protection of children , victims of trafficking and the most vulnerable; ### 7. points out that the protection of fundamental rights must be at the heart of the measures taken to implement the dublin iii regulation , including the protection of children , victims of trafficking and the most vulnerable , such as lgbti persons;


### 8. calls on the commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; calls on the member states and the commission to protect the best interests of children and to clarify the criteria for keeping children in detention; ### 8. calls on the commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; calls on the member states and the commission to protect the best interests of children and to clarify the criteria for keeping children by ensuring they are not subjected to detention; calls on the members states and the commission to clarify a ‘significant risk of absconding’ in the context of dublin iii and application of detention towards vulnerable groups; calls on the member states to take into consideration the specific needs of lgbti persons in detention and to ensure they benefit from protection from inhuman or degrading treatment arising from facility staff and/or other detainees; recalls that transgender persons’ right to health , namely in accessing hormonal replacement therapy , must be upheld in detention as a means to prevent their further exposure to discrimination and/or violence arising from staff and/or other detainees;


### 8. calls on the commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; calls on the member states and the commission to protect the best interests of children and to clarify the criteria for keeping children in detention; ### 8. calls on the commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to enable a better use of the family provisions , including by harmonising the standards of proof across member states in the direction of less stringent and more achievable standards; calls the commission and the member states to speed up family reunification procedures including through an immediate transfer to a country in which the applicant has family;


### 8. calls on the commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; calls on the member states and the commission to protect the best interests of children and to clarify the criteria for keeping children in detention; ### 8. calls on the commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; calls on the member states and the commission to use the best interests of the child as a primary consideration in all decisions concerning children;


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


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


### 9. stresses that the number of transfer procedures has increased significantly , generating considerable human , material and financial costs; deplores , however , the fact that in only 11% of cases are transfers actually carried out , a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between member states; regards efforts to combat secondary movements as essential in order to reduce the number of transfer requests; proposes that the conditions which trigger transfer procedures be clarified and harmonised; ### 9. stresses that the number of transfer procedures has increased significantly , generating considerable human , material and financial costs; deplores , however , the fact that in only 11% of cases are transfers actually carried out , a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between member states; encourages member states to apply the discretionary clause more swiftly in cases where it becomes evident that transfers cannot be carried out , or where the individual situation of the applicant requires so;


### 10. considers that in some cases the rules on transfer of responsibility under dublin iii undermine the efficiency of asylum procedures and the carrying-out of transfers and contribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the system; calls on the commission to revise the rules , in order to give member states sufficient time to carry out transfers and do away with transfer of responsibility in cases where an asylum seeker absconds; ### 10. considers that in some cases the rules on transfer of responsibility under dublin iii undermine the efficiency of asylum procedures and the carrying-out of transfers and contribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the system; calls on the commission to revise the rules , in order to give member states sufficient time to carry out transfers and do away with transfer of responsibility in cases where an asylum seeker absconds; also asks the commission to plan a permanent mechanism for nullifying asylum applications submitted by applicants who fail to comply with their obligations or who submit multiple asylum applications;


### 10. considers that in some cases the rules on transfer of responsibility under dublin iii undermine the efficiency of asylum procedures and the carrying-out of transfers and contribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the system; calls on the commission to revise the rules , in order to give member states sufficient time to carry out transfers and do away with transfer of responsibility in cases where an asylum seeker absconds; ### 10. considers , according to the evidence , that in many cases asylum seekers remain outside of the system due to disproportionate use of the criterion of the first country of irregular entry and the insufficient consideration of the meaningful links and the particular needs of the applicants; calls the commission to revise the rules in order to increase trust between member states and between them and the asylum seekers;


### 11. considers that providing asylum seekers with legal assistance in connection with dublin procedures , in particular in the hotspots , would simplify the process of obtaining asylum and improve decision-making; calls on the member states to improve the information made available to asylum seekers on the complex dublin procedures , to ensure that it is clear and accessible to everyone; ### 11. considers that providing asylum seekers with legal assistance in connection with dublin procedures , in particular in the hotspots , is fundamental to inform applicants of their rights and obligations during the asylum process would simplify the process of obtaining asylum and improve decision-making as a legal representative can ensure that each case file is complete and accurate and contribute to reducing the rate of appeals and safeguarding the right to non-refoulement; calls on the member states to improve the information made available to asylum seekers on the complex dublin procedures , to ensure that it is clear and accessible to everyone;


### 11. considers that providing asylum seekers with legal assistance in connection with dublin procedures , in particular in the hotspots , would simplify the process of obtaining asylum and improve decision-making; calls on the member states to improve the information made available to asylum seekers on the complex dublin procedures , to ensure that it is clear and accessible to everyone; ### 11. considers that providing asylum seekers with legal assistance in connection with dublin procedures would enhance rights-compliant procedures , simplify dublin procedures and improve decision-making; calls on the member states to improve the information made available to asylum seekers on the complex dublin procedures , to ensure that it is clear and accessible to everyone;


### a single asylum application in the eu ### a rights-centred asylum application in the eu


### 12. stresses that the principle of a single asylum application in the eu is consistently flouted , a state of affairs at odds with the very purpose of the dublin iii regulation; considers that the competent national authorities should share their relevant information on a european database such as eurodac , in order to speed up procedures and prevent multiple asylum applications , while protecting personal data; ### 12. stresses that the principle of a single asylum application in the eu is consistently flouted , a state of affairs at odds with the very purpose of the dublin iii regulation; notes that there are multiple reasons for submission of additional asylum applications;


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


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


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


### 13. notes that the rate of protection for asylum seekers varies greatly between member states for certain nationalities; considers that a common list of safe countries and a shared country-risk analysis , or at least greater convergence , would reduce these disparities , and thus also the number of secondary movements; stresses that the return of persons not eligible for asylum is a prerequisite for the effectiveness of the dublin iii regulation; ### 13. notes that the rate of protection for asylum seekers varies greatly between member states for certain nationalities and this can contribute to onward movement; considers that accounting for individual needs of the applicant in the dublin procedures would reduce secondary movements; calls for the inclusion of a relocation criteria considering the "genuine links" with a particular member state as an efficient approach to reduce secondary movements;


### 14. takes the view that closer cooperation between national asylum authorities is needed , in order to share information and streamline transfers; proposes that easo be given the task of drawing up enhanced governance arrangements for the application of the dublin iii regulation , including a monthly operational dialogue between national authorities , and a platform for the exchange and sharing of information and best practices; ### 14. takes the view that closer cooperation between national asylum authorities is needed , in order to share information and streamline transfers; proposes that easo be given the task of drawing up enhanced governance arrangements for the application of the dublin iii regulation , including a monthly operational dialogue between national authorities , and a platform for the exchange and sharing of information and best practices; notes that the non-coordinated use of the dublin units prevents the dublin iii regulation to function efficiently;


### 14. takes the view that closer cooperation between national asylum authorities is needed , in order to share information and streamline transfers; proposes that easo be given the task of drawing up enhanced governance arrangements for the application of the dublin iii regulation , including a monthly operational dialogue between national authorities , and a platform for the exchange and sharing of information and best practices; ### 14. takes the view that closer cooperation between national asylum authorities is needed , in order to share information and streamline transfers and above all to prevent abuses such as asylum shopping; proposes that easo be given the task of drawing up enhanced governance arrangements for the application of the dublin iii regulation , including a monthly operational dialogue between national authorities , and a platform for the exchange and sharing of information and best practices;


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


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


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


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


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


### 17. urges the commission and the council to work towards convergence in the bilateral agreements concluded between member states and with third countries , in order to optimise implementation of the dublin iii regulation; ### 17. urges the commission and the council to work towards convergence in the implementation of the dublin iii regulation by taking stock of the elements contributing to greater efficiency , and compliance with human rights legislation;


### — having regard to the commission communication of 14 march 2018 on adapting the common visa policy to new challenges (com(2018)0251) , ### deleted


### b. whereas the twofold objective of the directive is effective return in line with fundamental rights and the principle of proportionality; whereas in its recommendation on making returns more effective , the commission focuses on the rate of returns as the primary indicator of the directive’s effectiveness; ### b. whereas the objective of the directive is namely , to establish common rules concerning return , removal , use of coercive measures , detention and entry bans in line with fundamental rights and the principle of proportionality;


### (4) sexual abuse and sexual exploitation of children constitute serious violations of human rights , in particular of the rights of children to be protected from all forms of violence , abuse and neglect , maltreatment or exploitation , including sexual abuse , as provided for by the 1989 united nations convention on the rights of the child and by the charter. digitisation has brought about many benefits for society and the economy , but also challenges including an increase of child sexual abuse online. the protection of children online is one of the union's priorities. on 24 july 2020 , the commission adopted an eu strategy for a more effective fight against child sexual abuse9 (“the strategy”) , which aims to provide an effective response , at union level , to the crime of child sexual abuse. ### (4) sexual abuse and sexual exploitation of children constitute serious violations of human rights , in particular of the rights of children to be protected from all forms of violence , abuse and neglect , maltreatment or exploitation , including sexual abuse , as provided for by the 1989 united nations convention on the rights of the child and by the charter. in addition , the istanbul convention recognises that girls are often exposed to serious forms of gender-based violence including cyberviolence. digitisation has brought about many benefits for society and the economy , but also challenges , notably increased child sexual abuse ans child sexual exploitation online , which has been exacerbated during the covid-19 pandemic , resulting from broader access to potential victims and a sharp rise in the exchange of child sexual abuse material between child sexual offenders. there is also a growing number of cases of grooming during the covid-19 pandemic , including an increase of self-generated content. moreover , the increased misuse of privacy-enhancing technologies by offenders to disguise their horrendous actions has made it more difficult for law-enforcement authorities to prevent , detect , investigate and prosecute child sexual exploitation online. according to europol , the proliferation of anonymisation tools and the higher amount of child sexual abuse material may also lead to a higher risk of repeat victimisation8a. the protection of children online is one of the union's priorities as they are the most vulnerable in our society and not able to defend themselves.


### (5) certain providers of number-independent interpersonal communications services , such as webmail and messaging services , are already using specific technologies to detect and report child sexual abuse online to law enforcement authorities and to organisations acting in the public interest against child sexual abuse , or to remove child sexual abuse material , on a voluntary basis. those organisations refer to national hotlines for reporting child sexual abuse material , as well as to organisations whose purpose is to reduce child sexual exploitation , and prevent child victimisation , located both within the union and in third countries. collectively , those voluntary activities play a valuable role in enabling the identification and rescue of victims , and reducing the further dissemination of child sexual abuse material , while also contributing to the identification and investigation of offenders , and the prevention of child sexual abuse offences. ### (5) number-independent communication services have a major role to play in detecting cases of child sexual abuse online and in removing at source child sexual abuse material from their networks to avoid further victimisation as every new visualisation of the material is harmful for the victim. underaged children must have access to safe , accessible and age appropriate channels to report the abuse without fear , in particular when the abuser is in the inner circle of the victim. certain providers of number-independent interpersonal communications services , such as webmail and messaging services , are already using specific technologies to detect and report child sexual abuse online to law enforcement authorities and to organisations acting in the public interest against child sexual abuse and child exploitation , or to detect , remove and report child sexual abuse material in their services , on a voluntary basis. to enable the identification of the child victims and to properly identify detection errors by the providers , all the instances of possible child sexual abuse online should be reported to law enforcement authorities and to organisations acting in the public interest against child sexual abuse. those organisations refer to national hotlines for reporting child sexual abuse material , as well as to organisations whose purpose is to reduce child sexual exploitation , and prevent child victimisation , located both within the union and in third countries. collectively , those voluntary activities play a valuable role in enabling the identification and rescue of victims , and reducing the further dissemination of child sexual abuse ans child sexual exploitation material , while also contributing to the identification and investigation of offenders , and the prevention of child sexual abuse and child sexual exploitation offences.


### (6) until 20 december 2020 , the processing of personal data by providers of number-independent interpersonal communications services by means of voluntary measures for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material is governed by regulation (eu) 2016/679. ### (6) until 20 december 2020 , the processing of personal data by providers of number-independent interpersonal communications services by means of voluntary measures for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse and child sexual exploitation material is governed by regulation (eu) 2016/679.


### (7) directive 2002/58/ec does not contain any specific provisions concerning the processing of personal and other data in connection with the provision of electronic communication services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material. however , pursuant to article 15(1) of directive 2002/58/ec , member states may adopt legislative measures to restrict the scope of the rights and obligations provided for in , inter alia , articles 5 and 6 of that directive , which concern confidentiality of communications and traffic data , for the purpose of prevention , investigation , detection and prosecution of criminal offences linked to child sexual abuse. in the absence of such legislative measures , and pending the adoption of a new longer-term legal framework to tackle child sexual abuse effectively at union level as announced in the strategy , there would be no legal basis for providers of number-independent interpersonal communications services to continue to detect and report child sexual abuse online and remove child sexual abuse material in their services beyond 21 december 2020. ### (7) directive 2002/58/ec does not contain any specific provisions concerning the processing of personal and other data in connection with the provision of electronic communication services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material. however , pursuant to article 15(1) of directive 2002/58/ec , member states may adopt legislative measures to restrict the scope of the rights and obligations provided for in , inter alia , articles 5 and 6 of that directive , which concern confidentiality of communications and traffic data , for the purpose of prevention , investigation , detection and prosecution of criminal offences linked to child sexual abuse. in the absence of such national legislative measures , and pending the adoption of a new longer-term legal framework to tackle child sexual abuse effectively at union level as announced in the strategy , there would be no legal basis for providers of number-independent interpersonal communications services to continue to detect and report child sexual abuse online and to detect , remove and report child sexual abuse material in their services beyond 21 december 2020.


### (8) this regulation therefore provides for a temporary derogation from article 5(1) and article 6 of directive 2002/58/ec , which protect the confidentiality of communications and traffic data. since directive 2002/58/ec was adopted on the basis of article 114 of the treaty on the functioning of the european union , it is appropriate to adopt this regulation on the same legal basis. moreover , not all member states have adopted legislative measures at national level to restrict the scope of the rights and obligations provided for in those provisions in accordance with article 15(1) of directive 2002/58/ec , and the adoption of such measures involves a significant risk of fragmentation likely to negatively affect the internal market. ### (8) this regulation therefore provides for a temporary derogation from article 5(1) and article 6 of directive 2002/58/ec , which protect the confidentiality of communications and traffic data. voluntary measures by providers offering number-independent interpersonal communications services in the union applied for the sole purpose of detecting and reporting child sexual abuse online and detecting , removing and reporting child sexual abuse material therefore become subject to the safeguards and conditions set out in this regulation. since directive 2002/58/ec was adopted on the basis of article 114 of the treaty on the functioning of the european union , it is appropriate to adopt this regulation on the same legal basis. moreover , not all member states have adopted legislative measures at national level to restrict the scope of the rights and obligations provided for in those provisions in accordance with article 15(1) of directive 2002/58/ec , and the adoption of such measures involves a significant risk of fragmentation likely to negatively affect the internal market and the protection of fundamental rights , notably the rights of children who fall victim to child sexual abuse online across the union.


### (11) since the sole objective of this regulation is to enable the continuation of certain existing activities aimed at combating child sexual abuse online , the derogation provided for by this regulation should be limited to well-established technology that is regularly used by number-independent interpersonal communications services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material before the entry into force of this regulation. the reference to the technology includes where necessary any human review directly relating to the use of the technology and overseeing it. the use of the technology in question should therefore be common in the industry , without it necessarily being required that all providers use the technology and without precluding the further evolution of the technology in a privacy-friendly manner. in this respect , it should be immaterial whether or not a particular provider that seeks to rely on this derogation itself already uses such technology on the date of entry into force of this regulation. the types of technologies deployed should be the least privacy-intrusive in accordance with the state of the art in the industry and should not include systematic filtering and scanning of communications containing text but only look into specific communications in case of concrete elements of suspicion of child sexual abuse. ### (11) since the sole objective of this regulation is to enable the continuation of certain existing activities aimed at combating child sexual abuse online , the derogation provided for by this regulation should be limited to well-established technology that is regularly used by number-independent interpersonal communications services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material. the reference to the technology includes where necessary any human review directly relating to the use of the technology and overseeing it. the use of the technology in question should therefore be common in the industry , without it necessarily being required that all providers use the technology and without precluding the further evolution of the technology in a privacy-friendly manner. in this respect , it should be immaterial whether or not a particular provider that seeks to rely on this derogation itself already uses such technology on the date of entry into force of this regulation. the types of technologies deployed should be the least privacy-intrusive in accordance with the state of the art in the industry and should not include systematic filtering and scanning of communications containing text but only look into specific communications in case of concrete elements of suspicion of child sexual abuse.


### (14) in order to ensure transparency and accountability in respect of the activities undertaken pursuant to the derogation , the providers should publish reports on an annual basis on the processing falling within the scope of this regulation , including on the type and volumes of data processed , number of cases identified , measures applied to select and improve key indicators , the numbers and ratios of errors (false positives) of the different technologies deployed , measures applied to limit the error rate and the error rate achieved , the retention policy and the data protection safeguards applied. ### (14) in order to ensure transparency and accountability in respect of the activities undertaken pursuant to the derogation , the providers should publish reports on an annual basis on the processing falling within the scope of this regulation , including on the type and volumes of data processed , number of cases of child sexual abuse identified with gender-disaggregated data , when possible , measures applied to select and improve key indicators , the numbers and ratios of errors (false positives) of the different technologies deployed , measures applied to limit the error rate and the error rate achieved , the retention policy and the data protection safeguards applied.


### this regulation lays down temporary and strictly limited rules derogating from certain obligations laid down in directive 2002/58/ec , with the sole objective of enabling providers of number-independent interpersonal communications services to continue the use of technologies for the processing of personal and other data to the extent necessary to detect and report child sexual abuse online and remove child sexual abuse material on their services. ### this regulation lays down temporary and strictly limited rules derogating from certain obligations laid down in directive 2002/58/ec , with the sole objective of enabling providers of number-independent interpersonal communications services to use technologies for the processing of personal data to the extent necessary and proportionate to detect and report child sexual abuse online and detect , report and remove child sexual abuse material on their services.


### material constituting child pornography as defined in article 2 , point (c) , of directive 2011/93/eu of the european parliament and of the council; ### deleted


### ‘pornographic performance’ as defined in article 2(e) of directive 2011/93/eu. ### ‘pornographic performance’ as defined in article 2(e) of directive 2011/93/eu , including revenge porn.


### the specific obligations set out in article 5(1) and article 6 of directive 2002/58/ec shall not apply to the processing of personal and other data in connection with the provision of number-independent interpersonal communications services strictly necessary for the use of technology for the sole purpose of removing child sexual abuse material and detecting or reporting child sexual abuse online to law enforcement authorities and to organisations acting in the public interest against child sexual abuse , provided that: ### the specific obligations set out in article 5(1) and article 6 of directive 2002/58/ec shall not apply to the processing of personal data in connection with the provision of number-independent interpersonal communications services strictly necessary for the use of technology for the sole purpose of detecting and removing child sexual abuse material and detecting child sexual abuse online or reporting both to law enforcement authorities and to organisations acting in the public interest against child sexual abuse , provided that:


### the processing is proportionate and limited to well-established technologies regularly used by providers of number-independent interpersonal communications services for that purpose before the entry into force of this regulation , and that are in accordance with the state of the art used in the industry and are the least privacy-intrusive; ### the processing is proportionate and limited to well-established technologies regularly used by providers of number-independent interpersonal communications services for that purpose , and that are in accordance with the state of the art used in the industry and are the least privacy-intrusive;


### the processing is limited to what is strictly necessary for the purpose of detection and reporting of child sexual abuse online and removal of child sexual abuse material and , unless child sexual abuse online has been detected and confirmed as such , is erased immediately; ### the processing is limited to what is strictly necessary for the purpose of detection and reporting of child sexual abuse online and detection , reporting and removal of child sexual abuse material and. where no child sexual abuse online has been detected and confirmed as such , the relevant data shall be retained solely for the following purpose and only for the time period necessary:


### the provider annually publishes a report on its related processing , including on the type and volumes of data processed , number of cases identified , measures applied to select and improve key indicators , numbers and ratios of errors (false positives) of the different technologies deployed , measures applied to limit the error rate and the error rate achieved , the retention policy and the data protection safeguards applied. ### the provider annually publishes a report on its related processing , including on the type and volumes of data processed , number of cases of child sexual abuse and child sexual abuse material identified , reported and removed , showing gender disaggregated data , when possible , measures applied to select and improve key indicators , numbers and ratios of errors (false positives) of the different technologies deployed , measures applied to limit the error rate and the error rate achieved , the retention policy and the data protection safeguards applied.


### as regards point (d) , where child sexual abuse online has been detected and confirmed as such , the relevant data may be retained solely for the following purposes and only for the time period necessary: ### deleted


### a. whereas eu law requires the observance of fundamental rights , including those of third-country nationals , in all the eu’s internal and external action; whereas the eu’s external migration policy has affected the rights of people moving at regional level in third countries , notably the right to leave the territory , to asylum , to integrity , to liberty and to security , the prohibition of ill-treatment , refoulement and collective expulsion , and procedural guarantees; ### a. whereas eu law requires the observance of fundamental rights , including those of third-country nationals , in all the eu’s internal and external action;


### a. whereas eu law requires the observance of fundamental rights , including those of third-country nationals , in all the eu’s internal and external action; whereas the eu’s external migration policy has affected the rights of people moving at regional level in third countries , notably the right to leave the territory , to asylum , to integrity , to liberty and to security , the prohibition of ill-treatment , refoulement and collective expulsion , and procedural guarantees; ### a. whereas eu law requires the observance of fundamental rights , including those of third-country nationals , in all the eu’s internal and external action; whereas human rights are a central component in eu foreign and external policy; whereas the eu’s external migration policy has affected the rights of people moving at regional level in third countries , notably the right to leave the territory , to asylum , to integrity , to liberty and to security , the prohibition of ill-treatment , refoulement and collective expulsion , and procedural guarantees;


### a. whereas eu law requires the observance of fundamental rights , including those of third-country nationals , in all the eu’s internal and external action; whereas the eu’s external migration policy has affected the rights of people moving at regional level in third countries , notably the right to leave the territory , to asylum , to integrity , to liberty and to security , the prohibition of ill-treatment , refoulement and collective expulsion , and procedural guarantees; ### a. whereas eu law requires the observance of fundamental rights , including those of third-country nationals , in all the eu’s internal and external action; whereas the eu’s external migration policy should strictly adhere to the european convention on human rights and to the charter of fundamental rights of the european union as well as the eu treaties and international conventions;


### a. whereas migration is a global phenomenon amplified by globalisation , rising conflicts , inequalities , and climate disruption; whereas gradual , normative development within the modern international human rights framework of the rights of migrants , independently of their legal status , represents a source of progress and collective pride for humanity; whereas migrants remain , however , among the most vulnerable groups worldwide and continue to face violations of their rights; whereas migration continues to be for many individuals a human journey marred by suffering , discrimination and violence; whereas the european union , as a historic region of both emigration and immigration and as a community united by founding values of human dignity , freedom and human rights , has a particular duty to respect , protect and promote the rights of migrants , notably in its external dealings; ### a. whereas migration is a global phenomenon amplified by globalisation , rising conflicts , inequalities , and climate disruption; whereas gradual , normative development within the modern international human rights framework of the rights of migrants and refugees represents a source of progress and collective pride for humanity; whereas migrants remain , however , among the most vulnerable groups worldwide and continue to face violations of their rights; whereas migration continues to be for many individuals a human journey marred by suffering , discrimination and violence; whereas for the european union migration has been and will continue to be one of its defining intergenerational challenges and opportunities; whereas member states whose geographical location places them on the front line are bearing a disproportionate share of the burden; whereas europe has had to deal with the rise in the numbers of asylum seekers since the migration crisis peaked in 2015; whereas the european union , as a historic region of both emigration and immigration and as a community united by founding values of human dignity , freedom and human rights , has a particular duty to respect , protect and promote the rights of migrants , notably in its external dealings;


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


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


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


### b. whereas at least 16 969 people have lost their lives in the mediterranean since 2014; whereas non-assistance to people in distress at sea and push-backs to unsafe ports in third countries violate the international law of the sea and the right to life; ### b. whereas at least 16 969 people have lost their lives in the mediterranean since 2014; whereas non-assistance to people in distress at sea and push-backs to unsafe ports in third countries violate the international law of the sea and the right to life; whereas the continuous loss of life in the mediterranean constitutes a clear failure of eu policy and solidarity;


### b. whereas at least 16 969 people have lost their lives in the mediterranean since 2014; whereas non-assistance to people in distress at sea and push-backs to unsafe ports in third countries violate the international law of the sea and the right to life; ### b. whereas at least 16 969 people have lost their lives in the mediterranean since 2014; whereas the establishment , operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea is binding for coastal states by the international law of the sea;