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


### n. whereas climate change is an increasingly important contributor to displacement and migration , both within nations and across international borders; whereas 80 % of people displaced by climate change are women , according to the undp; ### n. whereas climate change is an increasingly important contributor to displacement and migration , both within nations and across international borders; whereas 80 % of people displaced by climate change are women , according to the undp and the percentage of the people forced to migration due to the climate change is constantly increasing;


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


### p. whereas the ability of people to adapt to climate change is inextricably linked to their access to basic human rights and the health of the ecosystems they depend on for their livelihoods and wellbeing; ### p. whereas the ability of people to adapt to climate change is inextricably linked to their access to basic human rights and the health of the ecosystems they depend on for their livelihoods and wellbeing as well as on the financial situation;


### p. whereas the ability of people to adapt to climate change is inextricably linked to their access to basic human rights and the health of the ecosystems they depend on for their livelihoods and wellbeing; ### p. whereas the ability of people to adapt to climate change is linked to their access to basic human rights and the health of the ecosystems they depend on for their livelihoods and wellbeing;


### t. whereas violence against women environmental activists and defenders of environmental rights has become a well-documented trend; ### t. whereas verbal and physical violence against women environmental activists and defenders of environmental rights and their lawyers has become a well-documented trend including mass media and social media coverage;


### t. whereas violence against women environmental activists and defenders of environmental rights has become a well-documented trend; ### t. whereas violence against environmental activists and defenders of environmental rights , women in particular , has become a well-documented trend;


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


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


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


### 11. acknowledges the impact of the nexus of climate change , environmental degradation and disasters on migration and displacement and regrets the lack of human rights safeguards and specific protections for environmentally displaced people at international level; calls on the commission and the member states to cooperate in the development of an international mechanism for addressing climate-induced displacement and migration at international forums and to address climate-induced displacement in related fields of the eu’s external action; insists on gender-based participation in fulfilling the rights of all individuals , notably those most vulnerable to the negative impacts of climate change such women , children , afro-descendent and indigenous communities , individuals subjected to discrimination , and persons often living in poor and remote areas; ### 11. acknowledges the impact of the nexus of climate change , environmental degradation and disasters as drivers for migration and displacement and it should be addressed in the migratory frameworks in place at international level , regrets the specific protections for environmentally displaced people at international level and assisting them to cope with the challenges of climate change at local level; calls on the commission and the member states to cooperate in the development of an international mechanism for addressing climate-induced displacement and migration at international forums and to address climate-induced displacement in related fields of the eu’s external action with the increasing of resilience of local population; insists on fulfilling the rights of all individuals without any discrimination based on gender , ethnic origin or religious affiliation , notably those most vulnerable to the negative impacts of climate change such coastal communities , inhabitants of dry lands and semi-desert areas , population of small island developing states , and rural population in developing countries , including women and girls and other vulnerable groups , such as children , indigenous communities , religious minorities , individuals and families subjected to discrimination;


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


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


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


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


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


### 17. recalls the obligation on states to protect environmental defenders from harassment , intimidation and violence , as enshrined in human rights law , as well as to guarantee their fundamental freedoms , and their obligation to recognise the rights of indigenous populations and local communities , and to acknowledge their contribution to the fight against biodiversity loss and environmental degradation; ### 17. recalls the obligation on states to protect environmental defenders from harassment , intimidation , violence and all other pressures or blackmail against them and their families , as enshrined in human rights law , as well as to guarantee their fundamental freedoms , and their obligation to recognise the rights of indigenous populations and local communities , and to acknowledge their contribution to the fight against biodiversity loss and environmental degradation;


### 19. reiterates its position on the need for the eeas , the commission and the member states to invest in and strengthen specific protection mechanisms and programmes for environmental human rights defenders , and to promote and facilitate access to protection mechanisms for local and indigenous defenders; ### 19. reiterates its position on the need for the eeas , the commission and the member states to invest in and strengthen specific protection mechanisms and programmes for all human rights defenders , and to promote and facilitate access to protection mechanisms for local and indigenous defenders;


### 20. calls on the eu and the member states to request and ensure that the right to free , prior , informed and binding consultation and consent with indigenous peoples is respected , without coercion , in any agreement or development projects that may affect the lands , territories or natural assets of indigenous peoples; stresses that the promotion of the rights of indigenous peoples and their traditional practices are key to achieving sustainable development , combating climate change and conserving biodiversity; ### 20. calls on the eu and the member states to request and ensure that the right to free , prior , informed and binding consultation and consent with indigenous peoples is respected , without coercion , in any agreement or development projects that may affect the lands , territories or natural assets of indigenous peoples; stresses that the promotion of the rights of indigenous peoples and their traditional practices are important to achieving sustainable development , combating climate change and conserving biodiversity;


### 21. calls on the commission and the member states to promote , through policy dialogue , the adoption of national action plans that guarantee a safe and free environment for environmental defenders by integrating a wider perspective of collective protection , including political measures to legitimise communities and groups involved in the protection of the environment; calls on the commission to address explicitly the human rights of indigenous peoples and local communities under forest law , governance and trade voluntary partnership agreements (flegt vpas); ### 21. calls on the commission and the member states to promote , through policy dialogue , the adoption of national action plans that guarantee a safe and free environment for peaceful environmental defenders by integrating a wider perspective of collective protection , including political measures to legitimise communities and groups involved in the protection of the environment; calls on the commission to address explicitly the human rights of indigenous peoples and local communities under forest law , governance and trade voluntary partnership agreements (flegt vpas);


### 24. welcomes the inclusion of human rights in the preamble to the paris agreement and calls for effective measures to respect and promote human rights obligations when implementing the agreement and taking climate action; regrets , however , that there are no concrete provisions to hold state and corporate actors accountable for human rights violations linked to climate change; ### 24. welcomes the inclusion of human rights in the preamble to the paris agreement and calls for effective measures to respect and promote human rights obligations when implementing the agreement and taking climate action;


### 32. acknowledges the active role and involvement of civil society , non-governmental organisations and environmental defenders in advocating for human rights-based approaches to climate action; stresses the need to guarantee civil society participation in the transparency framework laid out in article 13 of the paris agreement; ### 32. acknowledges the active role and involvement of civil society , including non-governmental organisations , environmental defenders , churches and faith based organizations in advocating for human rights-based approaches to climate action; stresses the need to guarantee civil society participation in the transparency framework laid out in article 13 of the paris agreement;


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


### 34. calls on the eu to support corporate accountability as a key element of the european green deal; calls on the member states to implement effective regulatory measures to provide redress and hold businesses accountable when it comes to ensuring that they fulfil their due diligence obligations regarding the impact of climate change on human rights; ### 34. calls on the eu to support corporate accountability as a key element of the european green deal; calls on the member states to implement effective regulatory measures to provide redress and hold businesses accountable when it comes to ensuring that they fulfil their due diligence obligations regarding the impact of climate change on human rights; calls on the eu and the member states to ensure that the people hardest hit by the structural changes made in order to achieve the drastic cut in emissions by 2030 are guaranteed the right to work; emphasises that the green transition should be fair and leave no one behind;


### 35. welcomes the commission’s commitment to develop a legislative proposal on mandatory human rights and environmental corporate due diligence for companies to identify , take account of and mitigate negative human rights and environmental impacts in their supply chains; stresses the importance of effective consultation with different stakeholders , such as human rights defenders , civil society , trade unions and indigenous people; urges the eu to support and effectively engage in the ongoing negotiations for an international , legally binding instrument to regulate the activities of transnational corporations and other business enterprises; considers that any such instrument must encourage corporate actors to assume their responsibilities with regard to the human right to a healthy environment; ### 35. welcomes the commission’s commitment to develop a legislative proposal on mandatory human rights and environmental corporate due diligence for companies to identify , take account of and mitigate human rights violations and the negative environmental impacts in their supply chains; stresses the importance of effective consultation with different stakeholders , such as human rights defenders , civil society , churches and faith based organizations , trade unions and indigenous people; urges the eu to support and effectively engage in the ongoing negotiations for an international , legally binding instrument to regulate the activities of transnational corporations and other business enterprises; considers that any such instrument must encourage corporate actors to assume their responsibilities with regard to the human right to a healthy environment;


### 36. believes that the current eu trade policy review should be an opportunity to redefine , promote and reinforce the protection of human rights in trade policy; stresses that the sustainable development chapters of future trade agreements must be covered by the dispute settlement mechanisms of these agreements; ### 36. believes that the current eu trade policy review should be an opportunity to redefine , promote and reinforce the protection of human rights in trade policy; stresses that the sustainable development chapters of future trade agreements must be covered by the dispute settlement mechanisms of these agreements; welcomes the fact that the political agreement reached by the eu and the mercosur countries with regard to the conclusion of an ambitious and balanced trade agreement includes a commitment by the parties to apply the unfccc and the paris agreement on climate change effectively; also welcomes the fact that the commitments made in the chapter on trade and sustainable development are covered by the dispute resolution mechanism included in the agreement;


### 1. recalls that environmental protection is a fundamental right according to article 37 of the eu charter of fundamental rights; ### 1. recalls that environmental protection is a fundamental right according to article 37 of the eu charter of fundamental rights; stresses that environmental crimes undermine the rule of law in the eu and seriously hamper the eu’s aim of establishing an area of freedom , security and justice;


### 2. observes that the discretionary powers set out in the eld and the weak mechanisms for securing compliance and effective governance at national , regional and local level have led to implementation deficiencies , considerable variability between member states in the number of cases , and an uneven playing field for operators; is therefore of the opinion that additional efforts are required to ensure regulatory standardisation in the eu and increased public confidence in the effectiveness of eu laws; ### 2. observes that the discretionary powers set out in the eld , the elements of flexibility and the weak mechanisms for securing compliance and effective governance at national , regional and local level have led to implementation deficiencies , considerable variability between member states regarding eld enforcement and compliance levels and especially regarding the number of cases , and an uneven playing field for operators; is therefore of the opinion that additional efforts are required to ensure regulatory standardisation in the eu and increased public confidence in the effectiveness of eu laws , thereby making it possible to prevent and remedy environmental damage more effectively and strike the right balance between corporate concerns and environmental protection;


### 3. deplores the lack of effective implementation of eu directives that aim to establish criminal liability of legal persons for environmental offences1 ; stresses the urgent need to update such legislation; calls on the commission and the member states to allocate appropriate financial and human resources to preventing , investigating and prosecuting environmental crimes; ### 3. deplores the lack of effective implementation of eu directives that aim to establish criminal liability of legal persons for environmental offences1 ; stresses the need to update such legislation after a thorough impact assessment; calls on the commission and the member states to allocate appropriate financial and human resources to preventing , investigating and prosecuting environmental crimes; emphasizes the important role of soft law instruments , such as guidance papers on the interpretations of legal terms used in the directives , evaluation of damage or information and comparison of sanction practices in the member states , in enhancing the effectiveness of implementation of the directives;


### 4. calls on the commission to make full use of article 83(2) tfeu and to consider the adoption of an overall framework directive on environmental offences; calls on the commission to evaluate the possibility of a legislative proposal for the crime of ecocide and of including environmental crimes among the categories of offences in article 83(1) tfeu; ### deleted


### 5. recognises the direct or indirect connection between environmental offences and transnational organised crime and corruption2 ; ### 5. recognises the direct or indirect connection between environmental offences and transnational organised crime and corruption2; expresses its concern about the high incidence of environmental crime with the combined estimates from the oecd , the un office on drugs and crime (unodc) , unep and interpol on the monetary value of all environmental crime showing it as the 4th largest international crime;


### 6. calls on the commission , europol and eurojust to provide support and a more institutionalised structure for existing networks of practitioners; ### 6. calls on the commission , to strengthen compliance monitoring and enforcement by increasing training for enforcement staff , support for relevant networks of professionals , and by further approximating criminal sanctions throughout the eu;


### 6. points out that reliable data on environmental incidents giving rise to the application of the eld or other administrative , civil or criminal instruments should be collected in order to establish whether a combination of different legal instruments could adequately respond to environmental harm , or whether serious gaps still exist that need to be remedied; ### 6. points out that reliable data on environmental incidents giving rise to the application of the eld or other administrative , civil or criminal instruments should be collected; calls on the european commission , together with a team of national and/or european experts and other stakeholders in this field , to assess the situation accordingly in order to establish whether a combination of different legal instruments could adequately respond to environmental harm , or whether serious gaps still exist that need to be remedied;


### 7. calls on the commission to explore the possibility of extending the mandate of the eppo in future to cover such offences; ### 7. calls on the commission to explore the possibility of extending the mandate of the eppo , once it is fully established and functional; recalls that eppo must be equipped with the necessary means in order to be able to thoroughly investigate and prosecute cross-border criminal activities;


### 8. calls on the commission and the member states to set up protection and support schemes for the victims of environmental damage and to ensure their full access to justice , information and compensation; emphasises the key role of environmental ngos in raising awareness and taking legal action and calls on the commission and the member states to provide them with the appropriate financial support. ### 8. calls on the commission and the member states to set up protection and support schemes for the victims of environmental damage and to ensure their access to justice , information and compensation; emphasises the key role of member states , as well as environmental ngos , in raising awareness and calls on the commission and the member states to provide them with the appropriate financial support.


### 8. calls for the eld to be revised as soon as possible and to be transformed into a fully harmonised regulation in order to achieve a level playing field for eu industry; ### 8. calls for the eld to be revised as soon as possible and to be transformed into a fully harmonised regulation in order to achieve a level playing field for eu industry , prevent and remedy environmental damage more effectively and strike a better balance between corporate concerns and environmental protection; calls on the commission to identify the right approach to the problem of company insolvency in the eu as a consequence of major accidents , thereby relieving taxpayers of the environmental costs in such an event;


### b. whereas the eld coexists with other liability instruments and provisions , both at eu and member state level; whereas incidents that give rise to eld liabilities may trigger criminal , civil or administrative proceedings in parallel; ### b. whereas the eld coexists with other liability instruments and provisions , both at eu and member state level; whereas incidents that give rise to eld liabilities may trigger criminal , civil or administrative proceedings in parallel , creating legal uncertainty and insecurity both for the companies concerned and for potential victims;


### d. whereas the commission’s 2016 report on environmental liability advised all member states to undertake to ‘record data on eld incidents and publish eld registers if they have not done so already’14; whereas , despite this , only seven member states have a register for eld cases that is publicly available , while four other member states have a register that is not public; whereas several member states collect information covered by other pieces of eu legislation , but not specifically by the eld , or have registers with a broader or different scope , and whereas several member states collect data at regional level; whereas 14 member states have no database of environmental incidents or eld cases; ### d. whereas the commission’s 2016 report on environmental liability advised all member states to undertake to ‘record data on eld incidents and publish eld registers if they have not done so already’14; whereas , despite this , only seven member states have a register for eld cases that is publicly available , while four other member states have a register that is not public; whereas several member states collect information covered by other pieces of eu legislation , but not specifically by the eld , or have registers with a broader or different scope , and whereas several member states collect data at regional level; whereas 14 member states have no database of environmental incidents or eld cases; whereas eld implementation will therefore require a high degree of flexibility on the part of the member states;


### g. whereas operator insolvency as a consequence of major accidents remains a problem in the eu; ### g. whereas operator insolvency as a consequence of major accidents remains a problem in the eu; whereas the commission should analyse existing national and regulatory frameworks and adopt a harmonised eu approach with a view to shielding taxpayers from the consequences of a company's insolvency;


### h. whereas in some cases , corporate board members are aware of activities with a high risk of causing environmental damage , but put profit above responsible behaviour; ### h. whereas in some cases , although corporate board members are aware of activities with a high risk of causing environmental damage , their decision making remains essentially profit-oriented at the expense of responsible behaviour;


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


### 17. is of the opinion that in cases of extremely widespread pollution , not just environmental liability instruments , but a multitude of instruments , including administrative measures , financial penalties and in some cases criminal prosecution , should be applied to remedy the problem; ### 17. is of the opinion that in cases of serious damage to the environment , including extremely widespread pollution , not just environmental liability instruments , but a multitude of instruments , including administrative measures , financial penalties and in some cases criminal prosecution , should be applied to remedy the problem; calls on the commission , in this regard , to ensure that corporate social responsibility in preventing and remedying environmental harm is taken into account in procurement contracts and the allocation of public funds;


### c. whereas in 2018 , the council adopted negotiation mandates to authorise the opening of negotiations with eight countries (turkey , israel , tunisia , morocco , lebanon , egypt , algeria and jordan) and parliament set out its position on these eight mandates; ### c. whereas on 13 may 2020 , the council unanimously adopted its negotiation mandate to authorise the opening of negotiations with new zealand by written procedure;


### d. whereas europol has already set up multiple agreements on data exchange with third countries in the past; ### d. whereas europol has concluded multiple operational agreements on personal data exchange with third countries in the past and the union launched negotiations with eight countries in the mena region (turkey , israel , tunisia , morocco , lebanon , egypt , algeria and jordan) in 2018;


### e. whereas europol has designated the threat level from jihadi terrorists as high , and whereas in 2018 , they were responsible for all deaths from terror attacks in the eu; ### e. whereas europol has designated the threat level from jihadi terrorists as high , and whereas in 2018 , jihadism was the most prevalent form of terrorism , accounting for all deaths from terror attacks in the eu , but whereas the number of arrests of right-wing terrorists , whilst remaining at a comparatively low level , increased for the third year in a row and effectively doubled in comparison to 2017;


### f. whereas europol has reported that law enforcement agencies used data exchange tools to foil , disrupt or investigate jihadi attacks on 24 occasions in 2018; ### f. whereas member states have reported to europol that law enforcement agencies used data exchange tools to foil , disrupt or investigate 129 terrorist attacks in 2018 , of which 24 cases were attributed to jihadi terrorism , 19 to left-wing terrorism , one to right-wing terrorism , 83 to ethno-nationalist and separatist terrorism , one to single issue terrorism , and five to an unspecified form of terrorism;


### g. whereas the edps has supervised europol since 1 may 2017 , and also advises the eu institutions on policies and legislation relating to data protection; ### deleted


### h. whereas in the light of the 2019 christchurch lone gunman attack , future cooperation formalised under the agreement between the eu and new zealand could be essential for prevention and prosecution should other serious crimes be planned or perpetrated within the eu or worldwide; ### h. whereas in the light of the 2019 christchurch lone gunman attack , operational cooperation to be formalised under the agreement between the eu and new zealand , by enabling the exchange of personal data , could be essential for preventing and prosecuting other serious crimes which will be planned or perpetrated within the eu or worldwide in the future;


### 1. considers that cooperation with new zealand in the field of law enforcement could help the european union to further protect its security interests , and encourages it to work expeditiously to define the negotiating mandate for an agreement between the european union and new zealand on the exchange of personal data between the european union agency for law enforcement cooperation (europol) and the new zealand authorities competent for fighting serious crime and terrorism; ### 1. considers that strengthened cooperation with new zealand in the field of law enforcement will help the european union to further protect its security interests , especially in the areas of preventing and combating terrorism , disrupting organised crime and fighting cybercrime; encourages the commission to expeditiously launch negotiations with new zealand on the exchange of personal data between the european union agency for law enforcement cooperation (europol) and the new zealand authorities competent for fighting serious crime and terrorism in full respect of the negotiating guidelines adopted by the council;


### 2. insists that the level of protection provided for in the agreement should be essentially equivalent to the level of protection provided for in eu law; ### 2. reiterates that the level of protection provided for in the agreement should be essentially equivalent to the level of protection provided for in eu law; welcomes , in this context , the formal recognition of new zealand as a country providing an adequate level of data protection by the commission in 2012;


### 3. believes that , since europol recognises that the terrorist threat level from returning foreign freedom fighters , radicalised european muslims and their families is high , it is essential for information exchange by all relevant law enforcement agencies , within the eu and globally , to be prioritised in order to fight serious crime and terrorism; therefore urges the member states to work faster to secure their borders; ### 3. believes that improved cross-border information exchange between all relevant law enforcement agencies , within the eu and with global partners , should be prioritised in order to fight serious crime and terrorism more effectively;


### 4. requests that the agreement contain the necessary safeguards and controls with respect to the protection of personal data; ### 4. requests that the agreement contain the necessary safeguards and controls with respect to the protection of personal data; welcomes that the transfer of personal data revealing racial or ethnic origin , political opinions , religious or philosophical beliefs , trade-union membership , genetic data or data concerning a person’s health and sex life should only be permitted in exceptional cases where such transfers are strictly necessary and proportionate for preventing and combating criminal offences covered by the agreement; stresses that clear safeguards for the data subject , persons linked to the data subject and persons linked to the criminal offence such as witnesses and victims should be defined to guarantee respect for fundamental rights;


### 5. is of the opinion that , in line with the principle of purpose limitation , the future agreement should explicitly lay down a list of criminal offences in relation to which personal data can be exchanged; considers that this list should include the activities covered by such crimes , and the persons , groups and organisations likely to be affected by such transfers; ### 5. is of the opinion that , in line with the principle of purpose limitation , the future agreement should explicitly lay down a list of criminal offences in relation to which personal data can be exchanged , in line with eu criminal offences definitions when available; considers that this list should include the activities covered by such crimes and the likely effects of the transfer of personal data;


### 7. urges the council and the commission to work with the government of new zealand to define , pursuant to court of justice case law and within the meaning of article 8 (3) of the charter , which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed on and established before the international agreement can enter into force; insists that the name of this authority and the contact details be expressly included in the agreement; ### 7. urges the council and the commission to work with the government of new zealand to define , pursuant to court of justice case law and within the meaning of article 8 (3) of the charter , which independent supervisory authority vested with effective powers of investigation and intervention is to be in charge of overseeing the implementation of the international agreement; insists that the name of this authority should be expressly included in the agreement;


### 8. considers that the independent supervisory body should also have the power to decide to suspend or terminate the agreement in the event of a breach; considers that under the agreement , authorities should be allowed to continue to process any personal data falling within the scope of the agreement transferred prior to its suspension or termination; considers that a procedure for monitoring and periodically evaluating the agreement should be established in order to evaluate the partners’ compliance with the agreement; ### 8. considers that either of the contracting parties should have the power to decide to suspend or terminate the agreement in the event of a breach; considers that under the agreement , authorities should be allowed to continue to process any personal data falling within the scope of the agreement transferred prior to its suspension or termination; agrees that a procedure for monitoring and periodically evaluating the agreement should be established in order to evaluate both the partners’ compliance with the agreement and the functioning of the agreement in relation to the operational needs of europol;


### — having regard to the commission communication of 16 april 2020 entitled ‘covid-19: guidance on the implementation of relevant eu provisions in the area of asylum and return procedures and on resettlement’ (c(2020)2516) , ### deleted


### — having regard to the european implementation assessment of the european parliamentary research service (eprs) of november 2020 on the implementation of article 43 of directive 2013/32/eu , ### deleted


### — having regard to the study of the european asylum support office (easo) of september 2020 entitled ‘border procedures for asylum applications in eu+ countries’ , ### — having regard to the study of the european asylum support office (easo) of september 2020 entitled ‘border procedures for asylum applications in eu+ countries’ and its publication of september 2019 entitled "guidance on asylum procedure: operational standards and indicators" ,


### 1. deplores the lack of an implementation assessment and calls on the commission to carry out such an assessment as a matter of urgency , since it has been overdue since 2017; ### 1. notes that the commission has conducted intensive ex-post evaluations and stakeholder consultations as well as exchanges with the european parliament and the member states in preparation of the new pact on asylum and migration;


### 3. highlights that border procedures constitute an exception to the legally defined rule that asylum applicants have a right to enter the territory of a member state and can be applied only in the exhaustive number of cases set out in the apd; points out that the eu legislators intended a narrow interpretation of those cases; deplores the fact that some member states apply border procedures much more extensively; ### 3. highlights that border procedures constitute an exception to the legally defined rule that asylum applicants have a right to enter the territory of a member state and can be applied only in the exhaustive number of cases set out in the apd; encourages member states to use border procedures wherever possible;


### 3. highlights that border procedures constitute an exception to the legally defined rule that asylum applicants have a right to enter the territory of a member state and can be applied only in the exhaustive number of cases set out in the apd; points out that the eu legislators intended a narrow interpretation of those cases; deplores the fact that some member states apply border procedures much more extensively; ### 3. highlights that member states may provide for border procedures , in accordance with the basic principles and guarantees of chapter ii of the apd , in cases where applicants have not yet been authorised to enter member state’s territory and do not meet the entry conditions under the schengen borders code.


### fiction of non-entry and detention ### non-entry and detention


### 5. notes that several member states base border procedures on the legal fiction of non-entry , thus presuming that border procedures take place prior to a decision on the right of an applicant to enter the territory; ### 5. notes that several member states base border procedures on non-entry , thus presuming that border procedures take place prior to a decision on the right of an applicant to enter the territory;


### 6. highlights that persons subject to a border procedure are , as a rule , de facto detained; ### 6. reiterates that member states need to secure availability of the applicant during the decision procedure and thus might impose temporary limitations of freedom of movement as a necessity; highlights that a person subject to this procedure shall only be detained for the shortest possibly time; encourages member states to take the necessary measures to ensure that alternatives to detention are available;


### 7. reiterates that member states must not hold a person in detention for the sole reason that he or she is an applicant , and recalls that applicants may only be detained where other less coercive measures cannot be applied; regrets that hardly any alternatives to detention have been developed and applied in border procedures; ### 7. reiterates that member states shall not hold a person in detention for the sole reason that he or she is an applicant. the grounds for and conditions of detention and the guarantees available to detained applicants shall be in accordance with directive 2013/33/eu; encourages member states to take the necessary measures to ensure that alternatives to detention are available;


### 7. reiterates that member states must not hold a person in detention for the sole reason that he or she is an applicant , and recalls that applicants may only be detained where other less coercive measures cannot be applied; regrets that hardly any alternatives to detention have been developed and applied in border procedures; ### 7. reiterates the legality of holding applicants in detention , including as part of border procedures , where other less coercive measures cannot be applied;


### 8. considers it very problematic that some member states apply de facto border procedures without acknowledging them as such under national law , as this can result in insufficient safeguards against such detention; stresses that any detention should always be prescribed by law; ### 8. recalls that any detention should always be prescribed by law;


### 8. considers it very problematic that some member states apply de facto border procedures without acknowledging them as such under national law , as this can result in insufficient safeguards against such detention; stresses that any detention should always be prescribed by law; ### 8. notes that member states can apply border procedures without acknowledging them as such under national law; reminds that border procedures is currently applicable in 15 member states but its application remain at low numbers; stresses that any detention should always comply with provisions and procedural standards under national law;


### 9. recalls that the cjeu , in joined cases c-924/19 ppu and c-925/19 ppu , ruled out the argument that it does not amount to detention if an applicant can leave a transit zone in the direction of a third country; ### deleted


### 10. is deeply concerned that , in the context of border procedures , numerous cases of persons being refused entry without their asylum claims being registered have been reported , at both external and internal borders; reiterates that automatic refusal of entry , refoulement and collective expulsions are prohibited under eu and international law; ### 10. notes that , in the context of border procedures , cases of persons being refused entry without their asylum claims being registered have been reported , reminds that borders procedures are applied at determined border crossings;


### 10. is deeply concerned that , in the context of border procedures , numerous cases of persons being refused entry without their asylum claims being registered have been reported , at both external and internal borders; reiterates that automatic refusal of entry , refoulement and collective expulsions are prohibited under eu and international law; ### 10. notes that , in the context of border procedures , numerous cases of persons being refused entry without their asylum claims being registered have been reported , at both external and internal borders; notes that such refusals of entry may be justified for reasons prescribed by law;


### 11. considers it important to establish independent monitoring bodies and calls on the member states to grant them access to border facilities to ensure the effective protection of fundamental rights and the systematic reporting of violations , in line with the fra’s guidance on border controls; ### deleted


### 11. considers it important to establish independent monitoring bodies and calls on the member states to grant them access to border facilities to ensure the effective protection of fundamental rights and the systematic reporting of violations , in line with the fra’s guidance on border controls; ### 11. welcomes the creation of a push back monitoring mechanism to ensure the effective protection of fundamental rights and the systematic reporting of violations , in line with the fra’s guidance on border controls;


### 12. notes that , according to article 24(3) of the apd , when applicants are in need of special procedural guarantees , member states shall not apply the border procedure if such guarantees cannot be provided within its framework; ### 12. notes that according to article 24(1) of the apd , member states shall assess within a reasonable period of time after an application for international protection is made whether the applicant is an applicant in need of special procedural guarantees; notes that , according to article 24(3) of the apd , when applicants are in need of special procedural guarantees , member states shall not apply the border procedure if such guarantees cannot be provided within its framework;


### 12. notes that , according to article 24(3) of the apd , when applicants are in need of special procedural guarantees , member states shall not apply the border procedure if such guarantees cannot be provided within its framework; ### 12. notes that , according to article 24(3) of the apd , when applicants are in need of special procedural guarantees , member states shall not apply the border procedure if such guarantees cannot be provided within its framework; notes that this legislation should be amended so as to make more frequent use of the border procedure;


### 13. stresses that in most of the member states examined , adequate vulnerability identification mechanisms are missing and , when present , often assess only visible vulnerability; ### deleted


### 13. stresses that in most of the member states examined , adequate vulnerability identification mechanisms are missing and , when present , often assess only visible vulnerability; ### 13. notes that efforts increased across eu+ countries to support the needs of applicants with vulnerabilities , from early identification and provision of procedural safeguards to improving specialised reception facilities and developing tailor-made information materials for unaccompanied minor applicants in particular; acknowledges that while member states have established various mechanisms to identify vulnerable applicants , these may not always be effective to detect vulnerabilities when the profile of applicants changes; notes that effective and swift identification of vulnerable applicants remains a challenge overall , especially with regard to non-visible vulnerabilities


### 14. recalls that article 25(6)(b) of the apd prescribes a very limited set of circumstances allowing member states to process unaccompanied minors’ applications in a border procedure; highlights that the member states examined lack adequate age assessment methods; recommends that children and their families be exempted from border procedures; ### 14. recalls that article 25(6)(b) of the apd prescribes a very limited set of circumstances allowing member states to process unaccompanied minors’ applications in a border procedure; highlights that the member states examined lack adequate age assessment methods; recommends that children and their families be exempted from border procedures; further recommends that to guarantee effective access to asylum procedures and respect for fundamental rights , member states can put in place at the screening stage an effective monitoring mechanism as an additional safeguard;


### 14. recalls that article 25(6)(b) of the apd prescribes a very limited set of circumstances allowing member states to process unaccompanied minors’ applications in a border procedure; highlights that the member states examined lack adequate age assessment methods; recommends that children and their families be exempted from border procedures; ### 14. recalls that article 25(6)(b) of the apd prescribes a very limited set of circumstances allowing member states to process unaccompanied minors’ applications in a border procedure; recommends amending eu law to increase the number of such cases; suggests using any means which can determine the age of those posing as minors , including bone tests; takes the view that children and their families continue to be eligible for border procedures;


### 14. recalls that article 25(6)(b) of the apd prescribes a very limited set of circumstances allowing member states to process unaccompanied minors’ applications in a border procedure; highlights that the member states examined lack adequate age assessment methods; recommends that children and their families be exempted from border procedures; ### 14. recalls that article 25(6)(b) of the apd prescribes a very specific set of circumstances allowing member states to process unaccompanied minors’ applications in a border procedure; notes that the apd does not exempt minors from the applications of border procedures;


### 15. notes that border procedures are fast-track procedures and recalls that , under article 43 of the apd , applicants in border procedures enjoy the same rights and guarantees as applicants in normal procedures; ### 15. notes that border procedures are fast-track procedures and recalls that , under article 43 of the apd , applicants in border procedures enjoy the same rights and guarantees as applicants in normal procedures; underlines that high-quality asylum procedures across the eu space will help justify confidence that returns of rejected asylum seekers are permissible , as will strong safeguards against unsafe returns of rejected asylum seekers and undocumented migrants , who while not deemed beneficiaries of protection may face risks upon return or have other claims to remain;


### 16. highlights that significant problems regarding access to and the quality of legal assistance were reported in all the member states examined; stresses that free legal assistance is key to ensuring better-quality information in personal interviews and improving first-instance decision-making; ### deleted


### 17. regrets that , within the framework of border procedures , many member states do not regulate access to ngos , which have a key role in securing applicants’ procedural rights; ### deleted


### 17. regrets that , within the framework of border procedures , many member states do not regulate access to ngos , which have a key role in securing applicants’ procedural rights; ### 17. stresses that , within the framework of border procedures , many member states do not regulate access to ngos;


### 18. notes with concern that applicants are frequently given little to no information about border procedures and their rights and obligations; ### 18. notes that eu law and national law contain numerous provisions on informing applicants about border procedures and about their rights and obligations;


### 18. notes with concern that applicants are frequently given little to no information about border procedures and their rights and obligations; ### 18. reiterates that applicants must have access to information about border procedures and their rights and obligations;


### 19. acknowledges that the apd leaves to the member states’ discretion whether appeals have an automatic suspensive effect; recalls , however , that the cjeu has recognised that an appeal against a return decision , whose enforcement may expose the third-country national concerned to a serious risk of refoulement , must have a suspensory effect; ### 19. acknowledges that the apd leaves to the member states’ discretion whether appeals have an automatic suspensive effect;


### 19. acknowledges that the apd leaves to the member states’ discretion whether appeals have an automatic suspensive effect; recalls , however , that the cjeu has recognised that an appeal against a return decision , whose enforcement may expose the third-country national concerned to a serious risk of refoulement , must have a suspensory effect; ### 19. acknowledges that the apd leaves to the member states’ discretion whether appeals have an automatic suspensive effect; recalls , however , that the cjeu has recognised that an appeal against a return decision , whose enforcement may expose the third-country national concerned to a serious risk of refoulement , must have a mandatory automatic suspensive effect until the claim of risk of refoulement has been closely and rigorously assessed by the determining authority;


### 20. stresses that border procedures are characterised by a combination of short procedural time limits and de facto detention , which might affect applicants’ ability to enjoy the guarantees enshrined in the apd; ### 20. stresses that border procedures is an essential requirement for member states to grant the guarantees enshrined in the apd; considers efficient procedural time limits inevitable to confine the temporary limitations of freedom of movement to a minimum;


### 20. stresses that border procedures are characterised by a combination of short procedural time limits and de facto detention , which might affect applicants’ ability to enjoy the guarantees enshrined in the apd; ### 20. stresses that border procedures are characterised by a combination of short procedural time limits and de facto detention , which has no effect on applicants’ ability to enjoy the guarantees enshrined in the apd;


### 21. recommends that border procedures should be restricted to less complex cases , such as applicants who have been granted protection in other states or member states or who have raised issues that are not relevant to the examination of an asylum procedure , with their application remaining at the discretion of member states; ### 21. recommends that faster and more efficient border procedures be more widely used and applied to a majority of applicants;


### 21. recommends that border procedures should be restricted to less complex cases , such as applicants who have been granted protection in other states or member states or who have raised issues that are not relevant to the examination of an asylum procedure , with their application remaining at the discretion of member states; ### 21. stresses that the amended proposal revising the asylum procedures regulation need to align efficient procedures and procedural safeguards; reiterates that border procedures are an indispensable tool to deal efficiently with the examination of applications that are clearly fraudulent , manifestly unfounded or inadmissible , to mitigate the pressure on front line states and guarantee safeguards for applicants in need of international protection;


### 22. recalls that the safeguards laid down in chapter ii of the apd also apply in the case of large numbers of arrivals; notes with great concern that in these cases , border procedures create further fundamental rights challenges and efficiency concerns; ### 22. recalls that the safeguards laid down in chapter ii of the apd also apply in the case of large numbers of arrivals;


### 22. recalls that the safeguards laid down in chapter ii of the apd also apply in the case of large numbers of arrivals; notes with great concern that in these cases , border procedures create further fundamental rights challenges and efficiency concerns; ### 22. recalls that the safeguards laid down in chapter ii of the apd also apply in the case of large numbers of arrivals; notes that in the event of arrivals involving a large number of third country nationals or stateless persons lodging applications for international protection at the border or in a transit zone , border procedures may also be applied at locations in proximity to the border or transit zone;


### 23. shares the concerns expressed by the fra , the un high commissioner for refugees and the un special rapporteur on the human rights of migrants about respect for procedural guarantees and fundamental rights in fast-track border procedures used on the greek islands; ### deleted


### 23. shares the concerns expressed by the fra , the un high commissioner for refugees and the un special rapporteur on the human rights of migrants about respect for procedural guarantees and fundamental rights in fast-track border procedures used on the greek islands; ### 23. shares the concerns expressed by the fra , the un high commissioner for refugees and the un special rapporteur on the human rights of migrants about respect for procedural guarantees and fundamental rights in fast-track border procedures;


### 24. calls on member states to avoid using border procedures since the objectives of the apd and a fair asylum procedure cannot be guaranteed; calls on member states who nevertheless apply article 43 of the apd to ensure proper implementation in all its aspects; ### deleted


### 25. calls on the commission to effectively monitor the implementation of the apd and to take action in the event of non-compliance; ### 25. calls on the commission to effectively monitor the implementation of the proposed amended regulation and to take action in the event of non-compliance;


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


### 1. approves the closure of the accounts of the european border and coast guard agency for the financial year 2018 / postpones the closure of the accounts of the european border and coast guard agency for the financial year 2018; ### 1. approves the closure of the accounts of the european border and coast guard agency for the financial year 2018;


### 3. notes from the court’s report that in 2018 the agency had financing agreements with cooperating countries for operational activities , representing 59 % of the agency’s budget; notes the launch of a new simplified financing scheme based largely on unit costs for expenditure related to deployments of human resources , and , in late 2018 , of a new ex-post control system covering all types of expenditure and also the modification of its system of ex-ante checks embedded in the financial circuits; highlights the court’s emphasis that the reimbursement of equipment-related expenditure is still based on actual cost and that the project to move to unit-cost based reimbursements is still unsuccessful; furthermore , notes with concern the court’s observation that since 2014 the proof of actual costs claimed by cooperating countries for equipment-related costs is still insufficient and that the agency’s ex-ante verifications of these costs are ineffective if they are not substantiated by supporting documents; notes the absence of ex-post verifications on reimbursements by the agency , further increasing the risk of unjustified cost reimbursements; ### 3. notes from the court’s report that in 2018 the agency had financing agreements with cooperating countries for operational activities , representing 59 % of the agency’s budget; notes the launch of a new simplified financing scheme based largely on unit costs for expenditure related to deployments of human resources , and , in late 2018 , of a new ex-post control system covering all types of expenditure and also the modification of its system of ex-ante checks embedded in the financial circuits; highlights the court’s emphasis that the reimbursement of equipment-related expenditure is still based on actual cost and that the project to move to unit-cost based reimbursements is still unsuccessful; furthermore , notes with concern the court’s observation that since 2014 the proof of actual costs claimed by cooperating countries for equipment-related costs is still insufficient and that the agency’s ex-ante verifications of these costs are ineffective if they are not substantiated by supporting documents; notes the absence of ex-post verifications on reimbursements by the agency , further increasing the risk of unjustified cost reimbursements; encourages the agency to work further with the cooperating countries on the development of a simplified and transparent financing scheme covering equipment-related costs;


### 3. notes from the court’s report that in 2018 the agency had financing agreements with cooperating countries for operational activities , representing 59 % of the agency’s budget; notes the launch of a new simplified financing scheme based largely on unit costs for expenditure related to deployments of human resources , and , in late 2018 , of a new ex-post control system covering all types of expenditure and also the modification of its system of ex-ante checks embedded in the financial circuits; highlights the court’s emphasis that the reimbursement of equipment-related expenditure is still based on actual cost and that the project to move to unit-cost based reimbursements is still unsuccessful; furthermore , notes with concern the court’s observation that since 2014 the proof of actual costs claimed by cooperating countries for equipment-related costs is still insufficient and that the agency’s ex-ante verifications of these costs are ineffective if they are not substantiated by supporting documents; notes the absence of ex-post verifications on reimbursements by the agency , further increasing the risk of unjustified cost reimbursements; ### 3. notes from the court’s report that in 2018 the agency had financing agreements with cooperating countries for operational activities , representing 59 % of the agency’s budget; notes the launch of a new simplified financing scheme based largely on unit costs for expenditure related to deployments of human resources , and , in late 2018 , of a new ex-post control system covering all types of expenditure and also the modification of its system of ex-ante checks embedded in the financial circuits; underlines with alarm the court’s finding that the reimbursement of equipment-related expenditure is still based on actual cost contrary to the agency’s project to move to unit-cost based reimbursements , which still proves to be unsuccessful; furthermore , notes with concern the court’s observation that since 2014 the proof of actual costs claimed by cooperating countries for equipment-related costs is still insufficient and that the agency’s ex-ante verifications of these costs are ineffective if they are not substantiated by supporting documents; observes with concern the absence of ex-post verifications on reimbursements by the agency , further increasing the risk of unjustified cost reimbursements; urges the agency to put in place effective ex-post verifications on reimbursements as soon as possible;


### 4. notes from the court’s report that the agency’s budget carry-overs to 2019 amounted to eur 83 000 000 (29 %) , slightly lower than in the previous year; notes that the rate of cancelled carry-overs to 2018 was eur 11 000 000 (12 %) , somewhat lower in relative terms than the previous year; notes that the main reasons for carry-overs and cancellations were the challenges with the staff establishment plan by number and profile of staff , the delay to the launch of the building project for the agency’s new premises , the multi-annual nature of information and communications technology projects , and the overestimation of the scale and cost of activities from cooperating countries; notes the agency’s reply that in 2018 operational expenditures were mainly in the form of grants , covering the operation cycle from february n to january n+1 , as well as expenditures from contracts with payment in n+1; calls on the agency , together with cooperating countries , to strive for more precise costs estimates and budget forecasts; ### 4. notes from the court’s report that the agency’s budget carry-overs to 2019 amounted to eur 83 000 000 (29 %) , slightly lower than in the previous year; notes that the rate of cancelled carry-overs to 2018 was eur 11 000 000 (12 %) , somewhat lower in relative terms than the previous year; notes that the main reasons for carry-overs and cancellations were the challenges with the staff establishment plan by number and profile of staff , the delay to the launch of the building project for the agency’s new premises , the multi-annual nature of information and communications technology projects , and the overestimation of the scale and cost of activities from cooperating countries; notes the agency’s reply that in 2018 operational expenditures were mainly in the form of grants , covering the operation cycle from february n to january n+1 , as well as expenditures from contracts with payment in n+1; urges the agency , together with cooperating countries , to strive for more precise costs estimates and budget forecasts;


### 5. notes that , following the management board’s approval of the reorganisation of the agency structures in 2017 affecting the allocation of resources , an updated structure was adopted in 2018 and completed by new internal rules of pocedure as well as by delegations and sub-delegations that were formalised by the decision of the executive director; ### 5. notes that , following the management board’s approval of the reorganisation of the agency structures in 2017 affecting the allocation of resources , an updated structure was adopted in 2018 and completed by new internal rules of procedure as well as by delegations and sub-delegations that were formalised by the decision of the executive director;


### 6. notes that in the context of the european integrated border management , the largest operational activities were the 12 joint operations at the external land , air and sea borders while the main operational focus in 2018 was on the central , eastern and western mediterranean areas which experienced the most significant migratory pressure; furthermore , notes the interagency cooperation , especially in the field of coastguard function but also in the field of customs and law enforcement cooperation; notes that the agency is working towards setting proper quantitative objectives and specific target values for the joint operations expected to be included in the single programming document 2021-2023; ### 6. notes that in the context of the european integrated border management , the largest operational activities were the 12 joint operations at the external land , air and sea borders while the main operational focus in 2018 was on the central , eastern and western mediterranean areas which experienced the most significant migratory pressure; furthermore , notes the interagency cooperation , especially in the field of coastguard function but also in the field of customs and law enforcement cooperation; urges the agency to brisk up and secure quality of its work towards setting proper quantitative objectives and specific target values for the joint operations , which are expected to be included in the single programming document 2021-2023;


### 14. notes that the agency participates actively in inter-institutional tenders led by other institutions , and that , in the procurement procedures of the maritime surveillance domain , the agency seeks cooperation with union agencies with similar activities and prepares the terms of reference accordingly; notes furthermore that in 2018 the agency has handled its first agency’s led inter-institutional tender procedure with the european fisheries control agency; ### 14. notes with appreciation that the agency participates actively in inter-institutional tenders led by other institutions , and that , in the procurement procedures of the maritime surveillance domain , the agency seeks cooperation with union agencies with similar activities and prepares the terms of reference accordingly; notes furthermore that in 2018 the agency has handled its first agency’s led inter-institutional tender procedure with the european fisheries control agency; strongly encourages the agency to actively seek further and broader cooperation with all of the union agencies;


### 17. notes with concern from the court’s report that the agency does not have a sensitive post policy that would identify sensitive functions , keep them updated and define appropriate measures to mitigate the risks of vested interests; calls on the agency to adopt and implement such a policy to be in line with the agency’s internal control standards; ### 17. notes with concern from the court’s report that the agency does not have a sensitive post policy that would identify sensitive functions , keep them updated and define appropriate measures to mitigate the risks of vested interests; welcomes the reply of the agency and its preparedness to adopt such policy as soon as feasible;


### 1. highlights the important role of the european monitoring centre for drugs and drug addiction (the 'centre’) in providing policy-makers and practitioners with analyses and information concerning drugs and drug addiction as well as emerging trends with a view to effectively counter illicit drug use and trafficking; reminds that the centre’s mandate was expanded in 2018 , including new responsibilities and formal partnerships with other eu agencies , such as europol; ### 1. highlights the important role of the european monitoring centre for drugs and drug addiction (the 'centre’) in providing policy-makers and practitioners with analyses and information concerning drugs and drug addiction as well as emerging trends with a view to effectively counter illicit drug use and trafficking and recalls that drug trafficking has been identified as a main source of profit and a channel of recruitment for organized crime and terrorism; reminds that the centre’s mandate was expanded in 2018 , including new responsibilities and formal partnerships with other eu agencies , such as europol;


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


### 1. approves the closure of the accounts of the european monitoring centre for drugs and drug addiction for the financial year 2018 / postpones the closure of the accounts of the european monitoring centre for drugs and drug addiction for the financial year 2018; ### 1. approves the closure of the accounts of the european monitoring centre for drugs and drug addiction for the financial year 2018;


### 4. notes with appreciation that the centre continues to share synergies with the european maritime safety agency in corporate and support services and the management of common premises in lisbon , and that these synergies also relate to ict , telecommunications and internet-based infrastructures and services; acknowledges that operational synergies have been put in place with other union agencies in the areas of justice and home affairs and health; ### 4. notes with appreciation that the centre continues to share synergies with the european maritime safety agency in corporate and support services and the management of common premises in lisbon , and that these synergies also relate to ict , telecommunications and internet-based infrastructures and services; acknowledges that operational synergies have been put in place with other union agencies in the areas of justice and home affairs and health; commends this way of cohabitation of the two agencies as an example worth following;


### 2. notes that the centre measures the achievement of its 66 annual targets with 50 key performance indicators (kpis) , which are divided into eight strategic objectives , to assess the added value provided by its activities , and to improve its budget management; notes that , starting from 2019 , the centre put in place a new performance model which is based on a limited number of kpis , ten to be precise , which will be used to measure its effectiveness in delivering the desired outputs and its efficiency in using the resources allocated to that end; ### 2. notes that the centre measures the achievement of its 66 annual targets with 50 key performance indicators (kpis) , which are divided into eight strategic objectives , to assess the added value provided by its activities , and to improve its budget management; notes that , starting from 2019 , the centre put in place a new performance model based on ten kpis , which will be used to measure its effectiveness in delivering the desired outputs and its efficiency in using the resources allocated to that end;


### 6. notes that the centre has general provisions in place on building and sustaining a working culture based on dignity and respect to prevent and fight against harassment; acknowledges that it makes confidential counselling available; ### deleted


### 1. reiterates the role of the fundamental rights agency (‘fra’ or ‘the agency’) in helping to ensure that the fundamental rights of people living in the union are protected; highlights in particular the value of the agency’s studies and opinions for the development of union legislation; ### 1. reiterates the role of the fundamental rights agency (‘fra’ or ‘the agency’) in helping to ensure that the fundamental rights of people living in the union are protected; recalls the importance of the agency in promoting the reflection on the appropriate balance between security and fundamental rights; highlights in particular the value of the agency’s studies and opinions for the development of union legislation; welcomes the commitment of the agency to the protection of vulnerable groups by conducting specific studies;


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


### 1. approves the closure of the accounts of the european union agency for fundamental rights for the financial year 2018 / postpones the closure of the accounts of the european union agency for fundamental rights for the financial year 2018; ### 1. approves the closure of the accounts of the european union agency for fundamental rights for the financial year 2018;


### 1. notes with appreciation that budget monitoring efforts during the financial year 2018 resulted in a budget implementation rate of 100 % , the same rate as in 2017; notes with concern that the payment appropriations execution rate was low at 76 ,20 % , but acknowledges that it represents a slight increase of 4 ,09 % compared to 2017; ### 1. notes with appreciation that budget monitoring efforts during the financial year 2018 resulted in a budget implementation rate of 100 % , the same rate as in 2017; notes that the payment appropriations execution rate was low at 76 ,20 % , but acknowledges that it represents a slight increase of 4 ,09 % compared to 2017;


### 4. notes the agency’s cooperation with other agencies , in particular the european foundation for the improvement of living and working conditions , the european border and coast guard agency , the european institute for gender equality , the european union agency for the operational management of large-scale it systems in the area of freedom , security and justice , the european union agency for criminal justice cooperation , and the european asylum support office in order to achieve common policy objectives; welcomes the fact that , in addition , the agency regularly supports other union agencies to reflect obligations stemming from the charter of fundamental rights of the european union (the ‘charter’) in their work; ### 4. notes the agency’s cooperation with other agencies , in particular the european foundation for the improvement of living and working conditions , the european border and coast guard agency , the european institute for gender equality , the european union agency for the operational management of large-scale it systems in the area of freedom , security and justice , the european union agency for criminal justice cooperation , and the european asylum support office , in order to achieve common policy objectives; welcomes the fact that , in addition , the agency regularly supports other union agencies to reflect obligations stemming from the charter of fundamental rights of the european union (the ‘charter’) in their work; deems it necessary for the agency to continue the development of strong ties with other relevant union institutions; encourages the agency to explore ways of sharing resources and staff on overlapping tasks among other agencies with similar activities;


### 9. acknowledges the agency’s existing measures , and its ongoing efforts in relation to securing transparency , in relation to prevention and management of conflicts of interest , and in relation to whistle-blower protection; notes that there were a number of cases of potential and perceived conflicts of interest that were assessed and mitigated and none reported in 2018; ### 9. acknowledges the agency’s existing measures , and welcomes its ongoing efforts in relation to securing transparency , in relation to prevention and management of conflicts of interest , and in relation to whistle-blower protection; notes that there were a number of cases of potential and perceived conflicts of interest that were assessed and mitigated and none reported in 2018;


### 11. notes , in light of the comments made by the discharge authority related to the legal proceedings brought in recent years against the agency concerning irregular recruitment decisions and the accusations by a former stand-by temporary judge of the civil service tribunal of irregular practices relating to the use of the consulting services , that the agency is no longer in a contractual relationship with that judge and that it is contracting with other law firms for different cases in order to avoid one service provider monopolising the agency’s requests for services; ### 11. notes , in light of the comments made by the discharge authority with reference to the discharge of 2017 related to the legal proceedings brought in recent years against the agency concerning alleged irregular recruitment decisions , notes that the general court of the european union dismissed both cases; acknowledges that the agency is no longer in a contractual relationship with a former stand-by temporary judge of the civil service tribunal and notes that it took several measures to mitigate any potential conflict of interest;


### (2) measures to obtain and preserve electronic evidence are increasingly important to enable criminal investigations and prosecutions across the union. effective mechanisms to obtain electronic evidence are of the essence to combat crime , subject to conditions to ensure full accordance with fundamental rights and principles recognised in the charter of fundamental rights of the european union as enshrined in the treaties , in particular the principles of necessity and proportionality , due process , data protection , secrecy of correspondence and privacy. ### (2) measures to obtain and preserve electronic evidence are increasingly important to enable criminal investigations and prosecutions across the union as well as to prevent the commission of crimes. effective mechanisms to obtain electronic evidence are essential to combat crime , subject to conditions to ensure full accordance with fundamental rights and principles recognised in the charter of fundamental rights of the european union ('the charter') as enshrined in the treaties , in particular the principles of necessity and proportionality , due process , data protection , confidentiality of communications and privacy.


### (6) the european parliament echoed these concerns in its resolution on the fight against cybercrime of 3 october 201728 , highlighting the challenges that the currently fragmented legal framework can create for service providers seeking to comply with law enforcement requests and calling on the commission to put forward a union legal framework for electronic evidence with sufficient safeguards for the rights and freedoms of all concerned. ### (6) the european parliament echoed these concerns in its resolution on the fight against cybercrime of 3 october 201728 , by highlighting the challenges that the currently fragmented legal framework can create for service providers seeking to comply with law enforcement requests and calling on the commission to put forward a union legal framework for electronic evidence and to impose an obligation on service providers to respond to law enforcement requests from other member states , with sufficient safeguards for the rights and freedoms of all concerned.


### (7) network-based services can be provided from anywhere and do not require a physical infrastructure , premises or staff in the relevant country. as a consequence , relevant evidence is often stored outside of the investigating state or by a service provider established outside of this state. frequently , there is no other connection between the case under investigation in the state concerned and the state of the place of storage or of the main establishment of the service provider. ### (7) electronic communications services and information society services can be provided from anywhere and do not require a physical infrastructure , premises or staff in the country where the service is offered. as a consequence , relevant evidence for criminal investigation is often stored outside of the investigating state or by a service provider established outside of this state. frequently , the location of storage or the main establishment of the service provider are the only connection between the state from which electronic evidence is requested and the investigating state , as the crime was committed in the investigating state and the perpetrator and the victim are both present on its territory.


### (7) network-based services can be provided from anywhere and do not require a physical infrastructure , premises or staff in the relevant country. as a consequence , relevant evidence is often stored outside of the investigating state or by a service provider established outside of this state. frequently , there is no other connection between the case under investigation in the state concerned and the state of the place of storage or of the main establishment of the service provider. ### (7) network-based services can be provided from anywhere and do not require a physical infrastructure , premises or staff in the relevant country. as a consequence , relevant electronic information serving as evidence is often stored outside of the investigating state or by a service provider established outside of this state. frequently , there is no other connection between the case under investigation in the state concerned and the state of the place of storage or of the main establishment of the service provider.


### (8) due to this lack of connection , judicial cooperation requests are often addressed to states which are hosts to a large number of service providers , but which have no other relation to the case at hand. furthermore , the number of requests has multiplied in view of increasingly used networked services that are borderless by nature. as a result , obtaining electronic evidence using judicial cooperation channels often takes a long time — longer than subsequent leads may be available. furthermore , there is no clear framework for cooperation with service providers , while certain third-country providers accept direct requests for non-content data as permitted by their applicable domestic law. as a consequence , all member states rely on the cooperation channel with service providers where available , using different national tools , conditions and procedures. in addition , for content data , some member states have taken unilateral action , while others continue to rely on judicial cooperation. ### (8) under the current mutual legal assistance framework , states which are hosts to a large number of service providers are faced with a high number of judicial cooperation requests despite having no other relation to the case at hand. over the previous years , the number of requests has even multiplied in view of increasingly used electronic communications and information society services that are borderless by nature. as a result , obtaining electronic evidence using judicial cooperation channels often takes a long time — longer than subsequent leads may be available due to their volatile nature. furthermore , there is no clear legal framework for cooperation with service providers , although certain third-country providers accept direct requests for non-content data as permitted by their applicable domestic law. as a consequence , all member states rely on the voluntary cooperation channel with service providers where available , using different national tools , conditions and procedures. in addition , for content data , some member states have taken unilateral action , while others continue to rely on judicial cooperation.


### (9) the fragmented legal framework creates challenges for service providers seeking to comply with law enforcement requests. therefore there is a need to put forward a european legal framework for electronic evidence to impose an obligation on service providers covered by the scope of the instrument to respond directly to authorities without the involvement of a judicial authority in the member state of the service provider. ### (9) the fragmented legal framework both across eu member states as well as between member states and third countries creates challenges for service providers seeking to comply with law enforcement requests as they are faced with legal uncertainty and , potentially , conflicts of laws. therefore there is a need to put in place a european legal framework for electronic evidence with a view to oblige service providers covered by the scope of the instrument to respond directly to requests by competent authorities without the direct involvement of a judicial authority in the state where the service provider has its main establishment.


### (12) this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union. these include the right to liberty and security , the respect for private and family life , the protection of personal data , the freedom to conduct a business , the right to property , the right to an effective remedy and to a fair trial , the presumption of innocence and right of defence , the principles of the legality and proportionality , as well as the right not to be tried or punished twice in criminal proceedings for the same criminal offence. in case the issuing member state has indications that parallel criminal proceedings may be ongoing in another member state , it shall consult the authorities of this member state in accordance with council framework decision 2009/948/jha29 . ### (12) this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union. these include the right to liberty and security of the person , the respect for private and family life , the protection of personal data , the freedom to conduct a business , the right to property , the right to an effective remedy and to a fair trial , the presumption of innocence and right of defence , the principles of the legality and proportionality , as well as the right not to be tried or punished twice in criminal proceedings for the same criminal offence. in case the issuing member state has indications that parallel criminal proceedings may be ongoing in another member state , it shall consult the authorities of this member state in accordance with council framework decision 2009/948/jha29 .


### (15) this instrument lays down the rules under which a competent judicial authority in the european union may order a service provider offering services in the union to produce or preserve electronic evidence through a european production or preservation order. this regulation is applicable in all cases where the service provider is established or represented in another member state. for domestic situations where the instruments set out by this regulation cannot be used , the regulation should not limit the powers of the national competent authorities already set out by national law to compel service providers established or represented on their territory. ### (15) this instrument lays down the rules under which a competent judicial authority in a member state of the european union may order a service provider offering services in the union to produce or preserve electronic evidence through a european production or preservation order. this regulation is applicable in all cases where the service provider is established or represented in another member state. for domestic situations where the instruments set out by this regulation cannot be used , the regulation should not limit the powers of the national competent authorities already set out by national law to compel service providers established or represented on their territory.