### 15. considers that the introduction of a joint constituency from which forty-six members of the european parliament shall be elected and in which lists are headed by each political family’s candidate for the post of president of the commission could offer an opportunity to enhance the democratic and transnational dimension of the european elections; believes that the goal of establishing a joint constituency is achievable only if geographical , demographic and gender balance is ensured , by guaranteeing that smaller member states are not put at a competitive disadvantage compared to the larger member states; suggests in this respect introducing binding demographic representation in the lists for the joint constituency , such as maximum thresholds for candidates residing in the same member state and a minimum obligatory representation of nationals of different member states; encourages european parties and movements to appoint candidates in the joint lists coming from all member states; ### deleted


### 15. considers that the introduction of a joint constituency from which forty-six members of the european parliament shall be elected and in which lists are headed by each political family’s candidate for the post of president of the commission could offer an opportunity to enhance the democratic and transnational dimension of the european elections; believes that the goal of establishing a joint constituency is achievable only if geographical , demographic and gender balance is ensured , by guaranteeing that smaller member states are not put at a competitive disadvantage compared to the larger member states; suggests in this respect introducing binding demographic representation in the lists for the joint constituency , such as maximum thresholds for candidates residing in the same member state and a minimum obligatory representation of nationals of different member states; encourages european parties and movements to appoint candidates in the joint lists coming from all member states; ### 15. considers that the introduction of a joint constituency from which twenty-seven members of the european parliament shall be elected and in which lists are headed by each political family’s candidate for the post of president of the commission could offer an opportunity to enhance the democratic and transnational dimension of the european elections; believes that the goal of establishing a joint constituency is achievable only if geographical balance is ensured , by guaranteeing that smaller member states are not put at a competitive disadvantage compared to the larger member states; suggests in this respect that one seat per member state is allocated in the joint constituency;


### (1) ‘political party’ means an association of citizens which pursues political objectives and which is either recognised by , or established in accordance with , the legal order of at least one member state and that intends to form or to join a european coalition of national political parties and/or national political movements in order to table a list of candidates to , and campaigning for , the union-wide constituency; ### (1) ‘political party’ means an association of citizens which pursues political objectives and which is recognised by the legal order of at least one member state or is established in accordance with that legal order;


### (1) ‘political party’ means an association of citizens which pursues political objectives and which is either recognised by , or established in accordance with , the legal order of at least one member state and that intends to form or to join a european coalition of national political parties and/or national political movements in order to table a list of candidates to , and campaigning for , the union-wide constituency; ### (1) ‘political party’ means an association of citizens which pursues political objectives and which is either recognised by , or established in accordance with , the legal order of at least one member state in accordance with regulation (eu , euratom) no 1141/2014.


### (2) ‘political movement’ means an association of citizens which pursues political objectives which , rather than being established as a political party , is registered as an association of voters in accordance with applicable national provisions and which intends to form or joining a european coalition of national political parties and/or national political movements in order to table a list of candidates to , and campaigning for , the union-wide constituency; ### deleted


### (3) ‘european coalition of national political parties and/or national political movements’ means an electoral alliance by a number of national political parties and/or national political movements equal to one quarter of the member states , where necessary rounded up to the nearest whole number , that tables a candidacy to , and campaigns for the union-wide constituency; ### deleted


### (4) ‘european political party’ means a political alliance of national political parties which pursues political objectives and is registered with the authority for european political parties and foundations in accordance with regulation (eu , euratom) no 1141/20148 for the purposes of tabling a candidacy to , and campaigning for , the union-wide constituency; ### (4) ‘european political party’ means a political alliance of national political parties which pursues political objectives and is registered with the authority for european political parties and foundations in accordance with regulation (eu , euratom) no 1141/20148;


### (4) ‘european political party’ means a political alliance of national political parties which pursues political objectives and is registered with the authority for european political parties and foundations in accordance with regulation (eu , euratom) no 1141/2014 (8 ) for the purposes of tabling a candidacy to , and campaigning for , the union-wide constituency; ### (4) ‘european political party’ means a political alliance of national political parties which pursues political objectives and is registered with the authority for european political parties and foundations in accordance with regulation (eu , euratom) no 1141/2014 (8 )


### (5) ‘european political movement’ means a transnational association of citizens present in at least a quarter of the member states , representing at least a number equal to 0.01% of the voting population in the relevant member states , which pursues political objectives , but is not established as a european political party , and is recognised for the purpose of tabling a candidacy to , and campaigning for , the union-wide constituency; ### deleted


### (6) ‘european electoral coalition’ means an electoral alliance by two or more european political parties and/or european political movements that fields a list of candidates for and campaigns in the union-wide constituency. national political parties and/or national political movements can also join such an electoral alliance provided that they are not affiliated to a european political party and there is no other affiliated national political party to any of the european political parties of the electoral alliance; ### deleted


### (7) “european electoral entity” means a european political party , a european political movement , a european electoral alliance , or a european coalition of national political parties and/or national political movements; ### deleted


### (8) ´transnational list´ means the candidacy/list of candidates fielded in the union-wide constituency; ### deleted


### every european union citizen from 18 years of age shall have the right to vote and to stand as a candidate for election to the european parliament , in both the national and in the union-wide constituency , without prejudice to those member states that , at the date of the entry into force of this regulation , have set the minimum age that is lower than 18 for eligibility to vote and for eligibility to stand as a candidate. ### every european union citizen who , in respect of the right to vote and to stand as a candidate , satisfies the same conditions which the state in which he or she votes imposes by law on its own nationals shall have the right to vote and to stand as a candidate for election to the european parliament.


### every european union citizen from 18 years of age shall have the right to vote and to stand as a candidate for election to the european parliament , in both the national and in the union-wide constituency , without prejudice to those member states that , at the date of the entry into force of this regulation , have set the minimum age that is lower than 18 for eligibility to vote and for eligibility to stand as a candidate. ### every european union citizen from 18 years of age shall have the right to vote and to stand as a candidate for election to the european parliament , without prejudice to those member states that , at the date of the entry into force of this regulation , have set the minimum age that is lower than 18 for eligibility to vote and for eligibility to stand as a candidate.


### a. whereas european political parties help to raise european political awareness and express the will of union citizens; whereas strong political parties and foundations at european level are essential for the development of a truly european political sphere; ### deleted


### b. whereas european political parties should cooperate with their national member parties , in order to support them in bringing the union closer to the citizens; ### b. whereas european political parties and foundations should cooperate with their national member parties and partners , in order to support them in bringing the union and its policies closer to the citizens;


### c. whereas in order to continue to be aware of , to give expression to and where appropriate to mould the will of union citizens , it is essential that the role and functioning of european political parties and foundations are not limited concerning issues of exclusively european relevance at union level; whereas those european political parties and foundations should be allowed to use their funds accordingly; ### c. whereas in order to continue to be aware of and to give expression to the will of union citizens , it is essential that the role and functioning of european political parties and foundations are not limited concerning issues of exclusively european relevance at union level; whereas those european political parties and foundations should be allowed to use their funds accordingly;


### c. whereas in order to continue to be aware of , to give expression to and where appropriate to mould the will of union citizens , it is essential that the role and functioning of european political parties and foundations are not limited concerning issues of exclusively european relevance at union level; whereas those european political parties and foundations should be allowed to use their funds accordingly; ### c. whereas in order to continue to be aware of , to give expression to and where appropriate to inform the will of union citizens , it is essential that the role and functioning of european political parties and foundations are not limited concerning issues of exclusively european relevance at union level; whereas those european political parties and foundations should be allowed to use their funds accordingly;


### 5. highlights that the funding of eu political parties and foundations must be transparent , not open to abuse and exclusively support political activities in line with the founding principles of the union expressed in article 2 of the treaty on european union; highlights that regulation (eu , euratom) no 1141/2014 introduced a procedure for assessing compliance , and unfulfillment can entail a decision to deregister an eu party; ### 5. highlights , that the funding of eu political parties and foundations must be in line with the founding principles of the union expressed in art. 2 teu; compliance to these principles and to the requirements of the regulation of european political parties and foundations should be safeguarded and their breaches sanctioned in a three-fold-approach , one addressing some essential formal requirements monitored by public authorities and reported to official public files , the other left to the concrete judgement of the public on the adequacy of the concrete positions and activities of the european parties , and finally to the judgement of the members of a european party on the appropriate use of the party budget.


### 2. insists that , in line with the political statement , the institutions commit to a coordinated approach on reinforcing the common transparency culture with the view to improving and further strengthening ethical interest representation; highlights their obligation under the agreement , and in accordance with article 13(2) teu , to practise mutual sincere cooperation when developing the scheme and that the institutions should therefore aim for the highest level of commitment; insists that the measures referred to in the agreement represent a minimum which should be expanded further; ### 2. insists that , in line with the political statement , the institutions commit to a coordinated approach on reinforcing the common transparency culture with the view to improving and further strengthening ethical interest representation; highlights their obligation under the agreement , and in accordance with article 13(2) teu , to practise mutual sincere cooperation when developing the scheme and that the institutions should therefore aim for the highest level of commitment; reminds that the measures referred to in the agreement represent the minimum for which there is political support given the existing constitutional and legal limitations;


### 5. welcomes the commitments made by parliament in the negotiation process on conditionality and complementary transparency measures; considers that the modification of rules 11 and 35 of its rules of procedure have provided a strong impetus in that regard; welcomes the fact that the agreement preserves the constitutional right of the members to exercise their mandate freely; ### 5. welcomes the commitments made by parliament in the negotiation process on conditionality and complementary transparency measures; considers that the modification of rules 11 and 35 of its rules of procedure have provided a strong commitment in that regard; welcomes the fact that the agreement preserves the constitutional right of the members to exercise their mandate freely;


### 9. is of the opinion that the implementation of the conditionality measures and other complementary transparency measures through individual decisions is not only a way to respect the respective internal organisational powers of the three signatory institutions but that it offers also an opportunity to increase the level of commitment of the respective institutions with regard to the scheme throughout the implementation period; welcomes in that regard the fact that the annual report has been expanded to cover the implementation of such measures adopted by the signatory institutions; ### 9. is of the opinion that the implementation of the conditionality measures and other complementary transparency measures through individual decisions is a way to respect the respective internal organisational powers of the three signatory institutions; welcomes in that regard the fact that the annual report has been expanded to cover the implementation of such measures adopted by the signatory institutions;


### 2. welcomes the fact that several issues identified in previous years court’s observations have been addressed; ### 2. welcomes the fact that several issues identified in previous years court’s observations have been addressed; encourages the office to fully address the ongoing observations;


### 5. is concerned about the accusations of misconduct that have been brought to the attention to olaf and the eu institutions; requests that allegations of misconduct are thoroughly checked and investigated; ### 5. is concerned about the accusations of misconduct that have been brought to the attention to olaf and the eu institutions; requests that allegations of misconduct are thoroughly checked and investigated; underlines that that two recommendations from the internal audit service audit on hr management and ethics , rated ‘important’ and referring to the recruitment process and anti-harassment policy , were implemented after the release of the ‘whistleblower’ note; welcomes the ias conclusion of 15 november that those recommendations had been adequately and effectively implemented;5a


### 5. is concerned about the accusations of misconduct that have been brought to the attention to olaf and the eu institutions; requests that allegations of misconduct are thoroughly checked and investigated; ### 5. is concerned about the accusations of misconduct that have been brought to the attention to olaf and the eu institutions; is further concerned about the opening of an investigation by olaf; requests that allegations of misconduct are thoroughly checked and investigated;


### a. whereas , according to its statement of revenue and expenditure1 , the final budget of the european asylum support office (the ‘office’) for the financial year 2021 was eur 152 743 528 , representing an increase of 8 ,5% compared to 2020; whereas the budget of the office derives mainly from the union budget; ### a. whereas , according to its statement of revenue and expenditure1 , the final budget of the european asylum support office (the ‘office’) for the financial year 2021 was eur 152 743 528 , representing an increase of 8 ,5% compared to 2020; whereas the budget of the office derives mainly from the union budget; reminds that easo’s growing role is highlighted in the european commission’s new pact on migration and asylum , which was published in september 2020; takes note that agency’s operational footprint has increased in past years.


### 10. highlights with great concern that on 14 september 2022 , the discharge authority received an anonymous complaint containing allegations on staff-related irregularities caused by the office’s entire senior management team; is deeply concerned about the seriousness of the aforementioned allegations that include claims of unlawful , opaque or partial recruitment and promotion of senior management members , allegations of harassment or mismanagement of funds relating to missions of office staff; notes that , as a result of those allegations , olaf has launched an investigation; calls on the office senior management and on all concerned staff to ensure full and sincere cooperation with olaf throughout all stages of the investigation; calls on the office to inform the discharge authority about the progress and stages of the investigation; ### 10. notes that on 14 september 2022 , individual members of the committee on budgetary control received an anonymous email containing allegations on staff-related irregularities caused by the office’s entire senior management team; is aware of the seriousness of the aforementioned allegations that include claims of unlawful , opaque or partial recruitment and promotion of senior management members , allegations of harassment or mismanagement of funds relating to missions of office staff; notes that , as a result of those allegations , olaf has launched an investigation on november 24.2022;notes that ms. gregori fully supported the initiation of the investigation and pledged to assist the authorities in all possible ways during the budgetary control committee meeting held on november 30 , 2022; calls on the office to inform the discharge authority about the progress and stages of the investigation;


### 16. notes the office’s reply to the discharge authority on declarations of interests , which stated that all staff sign a declaration of interests upon entry into service; notes with regret that the declaration of interests of the executive director has not been published on the office’s website; notes that the cvs and declarations of interests of the members of the management board are published on the office’s website; calls on the office to publish the cvs and declarations of interests of all the senior management members on its website; ### 16. notes the office’s reply to the discharge authority on declarations of interests , which stated that all staff sign a declaration of interests upon entry into service; notes that the declaration of interests of the executive director is published on the office’s website; notes that the cvs and declarations of interests of the members of the management board are published on the office’s website; calls on the office to publish the cvs and declarations of interests of all the senior management members on its website;


### 3. is concerned about the ongoing observation from the court in the use of external staff and interim workers; calls on the centre to rely as much as possible on permanent staff and calls once again on the commission to ensure appropriate human resources allocations for this purpose; welcomes the proposal made by the commission to transform the centre in an eu drugs agency and calls for an appropriate allocation of resources to achieve this aim; ### 3. is concerned about the ongoing observation from the court in the use of external staff and interim workers; calls on the centre to rely as much as possible on permanent staff; welcomes the proposal made by the commission to transform the centre in an eu drugs agency; recalls that the new agency should be provided with the necessary human and financial resources to fulfil the objectives , tasks and responsibilities assigned to it under this regulation;3a


### 5. notes that the centre contributes to the work of justice and home affairs (jha) agencies network and is a member of the newly established eu innovation hub for internal security; acknowledges the value of cooperation among jha agencies in combating serious crime , particularly in the exchange of best practices; reiterates that cooperation among jha agencies should be in line with fundamental rights and data protection rules; ### 5. notes that the centre contributes to the work of justice and home affairs (jha) agencies network and is a member of the newly established eu innovation hub for internal security; acknowledges the value of cooperation among jha agencies in combating serious crime , particularly in the exchange of best practices; acknowledges as well the role of the centre in the field of public health; reiterates that cooperation among jha agencies should be in line with fundamental rights and data protection rules;


### 8. notes that the centre reported to have 2 women (22%) and 7 men (78%) in its senior management , while it has 20 women (38%) and 32 men (62%) in its management board notes that the staff overall is composed of 29 men (45%) and 36 women (55%); recalls the importance to ensure staff gender balance and calls on the centre to take this aspect into consideration with regards to future appointments within its senior management; further calls on the member states to take it into account when nominating the members of the management board; ### 8. notes that the centre reported to have 2 women (22%) and 7 men (78%) in its senior management , while it has 20 women (38%) and 32 men (62%) in its management board notes that the staff overall is composed of 29 men (45%) and 36 women (55%); recalls the importance to ensure staff gender balance and calls on the centre to take this aspect into consideration with regards to future appointments within its senior management; further calls on the member states to take it into account when nominating the members of the management board; recalls also the importance of ensuring a balanced geographical representation among both the centre's management and staff personnel;


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


### (5c) likewise , for the purpose of managing irregular migration , it is necessary to allow eu-lisa to produce cross-system statistics using data from eurodac , the visa information system , etias and the entry/exit system. in order to specify the content of these cross-system statistics , implementing powers should be conferred on the commission. those powers should be exercised in accordance with regulation (eu) 182/2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission's exercise of implementing powers.’; ### (5c) likewise , for the purpose of managing irregular migration , it is necessary to allow eu-lisa to produce cross-system statistics using data from eurodac , the visa information system , etias , the entry/exit system , ecris-tcn and the schengen information system. in order to specify the content of these cross-system statistics , implementing powers should be conferred on the commission. those powers should be exercised in accordance with regulation (eu) 182/2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission's exercise of implementing powers.’;


### 1. refuses to give its consent to the draft council decision ### 1. gives its consent to the draft council decision


### — having regard to the european data protection board (edpb) recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the eu level of protection of personal data , and to the edpb recommendations 02/2020 on the european essential guarantees for surveillance measures , ### — having regard to the adequacy referential of the article 29 working party (wp 251 rev.01) as endorsed by the european data protection board (edpb) , to the edpb recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the eu level of protection of personal data , and to the edpb recommendations 02/2020 on the european essential guarantees for surveillance measures ,


### a. whereas in the ‘schrems i’ judgment , the court of justice of the european union (cjeu) invalidated the commission decision of 26 july 2000 pursuant to directive 95/46/ec of the european parliament and of the council on the adequacy of the protection provided by the safe harbour privacy principles and related frequently asked questions issued by the us department of commerce9 , and pointed out that indiscriminate access by intelligence authorities to the content of electronic communications violates the essence of the fundamental right to confidentiality of communications provided for in article 7 of the charter; ### a. whereas in the ‘schrems i’ judgment , the court of justice of the european union (cjeu) invalidated the commission decision of 26 july 2000 pursuant to directive 95/46/ec of the european parliament and of the council on the adequacy of the protection provided by the safe harbour privacy principles and related frequently asked questions issued by the us department of commerce9 , and pointed out that indiscriminate access by intelligence authorities to the content of electronic communications violates the essence of the fundamental right to confidentiality of communications provided for in article 7 of the charter; whereas the court pointed out that , for the purpose of an adequacy decision , a third country does not have to ensure an identical , but "essentially equivalent" level of protection to that guaranteed in eu law , which may be ensured through different means;


### 1. welcomes the fact that the court of auditors (‘the court’) has declared the transactions underlying the annuals accounts of the european union agency for law enforcement cooperation (europol) for the financial year 2021 to be legal and regular in all material respects; recalls that the budget of the agency increased in 2021 from eur 183 to 210 million (+14 ,75%) , while members of staff increased from 84 to 95 (+10 ,74%) within the same period; ### 1. welcomes the fact that the court of auditors (‘the court’) has declared the transactions underlying the annuals accounts of the european union agency for law enforcement cooperation (europol) for the financial year 2021 to be legal and regular in all material respects; recalls that the budget of the agency increased in 2021 from eur 183 to 210 million (+14 ,75%) , while members of staff increased from 884 to 979 (+10 ,75%) within the same period1a;


### 2. regrets the reported weaknesses in management and control systems , namely two cases of potential conflict of interest situation in relation to a senior manager taking up a job elsewhere , when europol did not issue its decision within the deadline and thus effectively authorised the person concerned to take up the new job without any restrictions and in contravention of article 16 of the staff regulations; ### 2. discerns the reported observations2a on management and control systems , namely in one case2b concerning the process to assess a potential conflict of interest situation in relation to a senior manager taking up a job elsewhere , in which case europol did not issue its decision within the timeline set in article 16 of the staff regulations and thus effectively authorised the person concerned to take up the new job without any restrictions; notes europol’s response to the court’s observations , outlining that an ex-post assessment confirmed that europol was not exposed2c to a conflict of interest situation; acknowledges that europol , together with only eight other decentralised agencies2d , has specific provisions covering the risk of ‘revolving door’ situations in relation to members of the board;


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


### 3. regrets that the observation from the court stressing that late payments were issued by the agency in 33% of the cases in 2020 is still ongoing; expresses concern that , according to the court , similar levels of delays were observed in previous years; shares the opinion by the court that this recurrent weaknesses exposes europol to reputational risks; requests the agency to increase its efforts to address all the observations from the court; ### 3. regrets that the observation from the court stressing that late payments were issued by the agency in 33% of the cases in 2020 is still ongoing; expresses concern that , according to the court , similar levels of delays were observed in previous years; shares the opinion by the court that this recurrent weaknesses exposes europol to reputational risks; welcomes the fact that court's observations from 2018 and 2019 regarding contract management and ex-ante controls have been completed; requests the agency to increase its efforts to address all the observations from the court;


### 3. regrets that the observation from the court stressing that late payments were issued by the agency in 33% of the cases in 2020 is still ongoing; expresses concern that , according to the court , similar levels of delays were observed in previous years; shares the opinion by the court that this recurrent weaknesses exposes europol to reputational risks; requests the agency to increase its efforts to address all the observations from the court; ### 3. notes that the observation from the court stressing that the agency had paid late in 33% of the cases in 20203a , while in 2021 , payment delays were reduced to 8%3b; highlights the opinion by the court3c that the agency should continue its efforts to address all the observations from the court;


### 4. notes that on 16 september 2022 , the edps requested that the court of justice of the european union annul two provisions of the revised europol regulation , namely articles 74a and 74b , as they seriously undermine legal certainty for individuals’ personal data and threaten the independence of the edps; reminds that articles 74a and 74b have the effect of legalising retroactively europol’s practice of processing large volumes of individuals’ personal data with no established link to criminal activity , which the edps found to be in breach of europol’s regulation; ### 4. notes that on 16 september 2022 , the edps requested that the court of justice of the european union annul two provisions of the amended europol regulation , namely articles 74a and 74b commends the action taken by member states4b , operational cooperation partners and europol , as no request was made to apply article 74a and all contributions from before the entry into force of the amended europol regulation have meanwhile been assigned with a data subject category (dsc)4a;


### 5. is concerned about the enhanced and non-transparent cooperation between europol and frontex; reminds the reports about frontex’s pedra program ‘processing of personal data for risk analysis' , which allows frontex border guards to collect sensitive personal data from migrants and asylum seekers to process and share it with europol and security agencies of member states , and to scan social media profiles; requests that cooperation among jha agency is fully transparent and accountability ensured; calls on the agency to take measures to ensure full compliance with eu transparency rules as well as with fundamental rights and data protection standards; ### 5. calls on the agency to take measures to continuously reinforce compliance with eu transparency rules5a as well as with fundamental rights and data protection standards; welcomes the swift appointment of the europol fundamental rights officer which was introduced with the amendments to the europol regulation that entered into force on 28 june 2022;


### 6. is concerned about the individual complaints introduced against europol for access to personal data and the lack of follow up done by the agency to those requests , conducing to an order by edps; is extremely concerned by the deletion of those data by the agency without allowing the data subject to access in spite of edps decision; ### 6. discerns the individual complaint introduced against europol for access to personal data and the lack of a timely decision on the case by the edps , almost two years after the citizen complained to the edps6a; calls for an immediate closure by the edps with support from europol and the competent authority in the concerned member state;


### 6. notes with satisfaction that the agency strives for close cooperation with other union bodies and international organisations in order to guarantee the security interests of all union citizens; welcomes the agency’s cooperation with olaf in the olaf joined operation sentinel , with the eppo in the operation sentinel against fraud on the eu covid-19 recovery funds , and with cepol in various ways , such as through trainings and conferences; ### 6. notes with satisfaction that the agency strives for close cooperation with other union bodies and international organisations in order to guarantee the security interests of all union citizens; welcomes the agency’s cooperation with olaf in the olaf joined operation sentinel , with the eppo in the operation sentinel against fraud on the eu covid-19 recovery funds , and with cepol in various ways , such as through trainings and conferences; calls on the agency to further continue the development of strong ties with other relevant union institutions; encourages the agency to explore ways of sharing resources and/or staff on overlapping tasks among other agencies with similar activities , most notably cepol;


### 7. recommends the committee on budgetary control to postpone granting the discharge in respect of the implementation of the agency’s budget for the financial year 2021 , until the court of justice of the european union delivers its judgement; ### 7. recommends the committee on budgetary control to grant the discharge in respect of the implementation of the agency’s budget for the financial year 20217a;


### 10. notes the gender distribution reported for 2021 for senior and middle management , with 83% being men (29 men and 6 women) , for the management board , with 79% being men (44 men and 12 women) and for the overall staff , with 65% being men (541 men and 288 women); is concerned over a decrease in the percentage of women on management posts , with 17% in 2021 compared to 21% in 2020; acknowledges that the responsibility to ensure gender balance within the members of the management board lies with the member states; reiterates its call to the agency and the member states to ensure a more equal gender distribution at the management board , agency management and staff levels in the future; ### 10. notes the gender distribution reported for 2021 for senior and middle management , with 83% being men (29 men and 6 women) , for the management board , with 79% being men (44 men and 12 women) and for the overall staff , with 65% being men (541 men and 288 women); is concerned over a decrease in the percentage of women on management posts , with 17% in 2021 compared to 21% in 2020; acknowledges that the responsibility to ensure gender balance within the members of the management board lies with the member states; reiterates its call to the agency and the member states to ensure a more equal gender distribution at the management board , agency management and staff levels in the future; recalls also the importance of ensuring a balanced geographical representation among the agency's management and staff personnel;


### prevention and management of conflicts of interest , and transparency; ### prevention and management of conflicts of interest , and transparency


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


### 2. regrets the fact that the court issued a qualified audit opinion with respect to the legality and regularity of the payments underlying the accounts of eu-lisa both for 2020 and for 2021; notes the court’s explanation that the qualified opinion was issued in relation to six payments that were considered not compliant to the provisions of framework contracts , and other payments identified outside the initial sample affected by the same non-compliance , amounting in total to eur 18.11 million in 2021 , representing 6 ,2 % of the total payment appropriations available in 2021; ### 2. recalls that the court issued a qualified audit opinion with respect to the legality and regularity of the payments underlying the accounts of eu-lisa both for 2020 and for 2021; notes the court’s explanation that the qualified opinion was issued in relation to six payments that were considered not compliant to the provisions of framework contracts , and other payments identified outside the initial sample affected by the same non-compliance , amounting in total to eur 18.11 million in 2021 , representing 6 ,2 % of the total payment appropriations available in 2021; welcomes that eu-lisa complied with its duty to record the payment actually affected by potential error/irregularity in the internal control system of eu-lisa through a non-compliance report and an exception report;


### 3. notes that the eu-lisa signed a specific contract of €40 million to implement a framework contract related to large-scale it systems , without specifying the details of the services acquired and with an extended duration; highlights the repeated concerns by the court about the risk associated with the practice of giving resources to eu-lisa before the adoption of legislation; ### 3. notes that the eu-lisa signed a specific contract of €40 million to implement a framework contract related to large-scale it systems , without specifying the details of the services acquired and with an extended duration; notes the repeated concerns by the court about the risk associated with the practice of giving resources to eu-lisa before the adoption of legislation; notes eu-lisa’s explanation that the contract was concluded under a working modality (quoted time and means) foreseen in the corresponding framework contract with a view to enabling the flexible adaptation of the project to the emerging dependencies of ees; recalls , furthermore , that this specific contract was audited by the court for the financial year 2020 and no observations were received;


### 4. is concerned that eu-lisa amended the value of three contracts , two in 2021 and one 2019 , which increased the maximum amount of the contracts by 50 % (€70.4 million , €20 million and €40 million respectively); shares the opinion by the court that eu-lisa should improve the contracts management to ensure that specific contracts are always aligned with the framework contracts; ### 4. notes that eu-lisa amended the value of three contracts , two in 2021 and one 2019 , which increased the maximum amount of the contracts by 50 % (€70.4 million , €20 million and €40 million respectively); shares the opinion by the court that eu-lisa should improve the contracts management to ensure that specific contracts are always aligned with the framework contracts; highlights , however , eu-lisa’s justification that the increase was done in full transparency in the underlying calls for tenders and in full compliance with the financial rules , as a result of changes in the legislation , which was acknowledged also by the court;


### 5. notes the court’ ongoing observations from 2018 , 2019 and 2020 on the budgetary management; regrets that the rate of carry-overs remain substantial compared to the total budget; ### 5. notes the court’ ongoing observations from 2018 , 2019 and 2020 on the budgetary management; notes that the rate of carry-overs remain substantial compared to the total budget; acknowledges that eu-lisa performed the carry-overs for administrative activities which were necessary or recurrent , providing reassurance on the respect of sound financial management for the underlying operations and within the applicable financial rules; acknowledges , furthermore , that these carry overs were done in compliance with the financial rules of eu-lisa and were related to the multi-annual nature of the services related to them;


### 6. regrets that several observations from the court from previous years are still ongoing; calls on the agency to follow the observations from the court and to step up efforts to implement corrective measures to address them; recalls that the european parliament can use its power not to grant discharge in case recommendations would not effectively be followed up; ### 6. recalls that several observations from the court from previous years are still ongoing; calls on the agency to follow the observations from the court and to step up efforts to implement corrective measures to address them;


### 7. notes with concern the composition of the agency’s senior management with respect to gender , with 2 men (100%) and no women , of the management board with 49 men (81 ,7%) and 11 women (18 ,3%) , and within the staff overall with 215 men (69 ,4%) and 95 women (30 ,6%); acknowledges that the responsibility of appointing persons to the management board lies with the relevant national authorities in each member state; calls on the member states to actively consider gender balance as a factor when nominating and appointing members of the agency’s management board; takes note of the agency’s efforts to improve gender balance and welcomes the slight improvement registered in 2021;calls nevertheless on the agency to work actively towards gender balance and report to the discharge authority on an action plan in this matter; ### 7. notes with concern the composition of the agency’s senior management with respect to gender , with 2 men (100%) and no women , of the management board with 49 men (81 ,7%) and 11 women (18 ,3%) , and within the staff overall with 215 men (69 ,4%) and 95 women (30 ,6%); acknowledges that the responsibility of appointing persons to the management board lies with the relevant national authorities in each member state; calls on the member states to actively consider gender balance as a factor when nominating and appointing members of the agency’s management board; takes note of the agency’s efforts to improve gender balance and welcomes the slight improvement registered in 2021; calls nevertheless on the agency to work actively towards gender balance and report to the discharge authority on an action plan in this matter; recalls also the importance of ensuring a pallanced geographical representation among the agnecy's management and staff personnel;


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


### f. whereas it is necessary to strengthen and streamline existing mechanisms and to develop a single comprehensive eu mechanism to protect democracy , the rule of law and fundamental rights effectively and to ensure that article 2 teu values are upheld throughout the union as well as by candidate countries , albeit with different monitoring regimes , so that member states are prevented from developing domestic law that runs counter to the protection of article 2 teu; whereas the commission and the council have continued to dismiss the need for an interinstitutional agreement on an eu mechanism on democracy , the rule of law and fundamental rights; ### f. whereas it is necessary to strengthen and streamline existing mechanisms and to develop a single comprehensive eu mechanism to protect democracy , the rule of law and fundamental rights effectively and to ensure that article 2 teu values are upheld throughout the union as well as promoted among candidate countries , albeit with different monitoring regimes , so that member states are prevented from developing domestic law that runs counter to the protection of article 2 teu; whereas the commission and the council have continued to dismiss the need for an interinstitutional agreement on an eu mechanism on democracy , the rule of law and fundamental rights;


### 1. welcomes the commission’s third annual rule of law report as part of the commission’s rule of law toolbox; considers that while the report represents a step towards a coherent mechanism to preserve union values , the toolbox remains too flexible and too broad an approach to the rule of law; ### 1. welcomes the commission’s third annual rule of law report as part of the commission’s rule of law toolbox; considers that the report represents a step towards a coherent mechanism to preserve union values enshrined in article 2 teu , and that the key challenge now is to make use of existing toolbox to protect and enforce those values;


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


### 3. deplores the fact that the commission did not address in full the recommendations made by parliament in its previous resolutions24 ; ### 3. welcomes improvements in the report and calls on the commission to take further steps to address in full the recommendations made by parliament in its previous resolutions24 ;


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


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


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


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


### 4. notes that fra had carried over €7 million (27 %) of 2021 commitment appropriations to 2022; reiterates its regrets that the levels of carry-overs of committed appropriations for operating expenditure remained high; acknowledges the answer from fra emphasizing that these carry-overs mainly reflect the nature of fra’s core activities that include the financing of studies and other activities that span several months and eventually beyond year-end; welcomes the concrete actions that fra has established to improve its budget planning and its implementation cycles; ### 4. notes that fra had carried over €7 million (27 %) of 2021 commitment appropriations to 2022; notes that the levels of carry-overs of committed appropriations for operating expenditure remained high and contradict the budgetary principle of annuality; acknowledges that these carry-overs mainly reflect the nature of fra’s core activities that include the financing of studies and other activities that span several months and eventually beyond year-end; welcomes the concrete actions that fra has established to improve its budget planning and its implementation cycles; welcomes a high outturn rate and the low level of cancelled appropriations which contribute to sound budget management;


### 5. welcomes the cooperation with other eu agencies , bodies and civil society in order to ensure there is compliance with fundamental rights; notes that fra contributed to a total of around 60 activities in the jha area. ### 5. welcomes the cooperation with other eu agencies , bodies and civil society in order to ensure there is compliance with fundamental rights; notes that fra contributed to a total of around 60 activities in the jha area; welcomes that fra concluded a further working agreement with the europol and cepol and enhanced its cooperation with eurojust;


### 5. welcomes the support provided by the agency to frontex in the establishment and recruitment of frontex’ fundamental rights monitors (frms) and deputy fundamental rights officer; further welcomes the active role played by the agency in the training of the frontex frms; ### 5. welcomes the support provided by the agency to frontex in the establishment and recruitment of frontex’ fundamental rights monitors (frms) and deputy fundamental rights officer; highlights that agency continued its engagement with the european border and coast guard agency with agency’s director taking part in frontex management board meetings; further welcomes the active role played by the agency in the training of the frontex frms; reminds that throughout 2021 , agency provided support from a fundamental rights perspective to projects related to ai and biometrics , led by europol and frontex.


### 21. notes that during 2021 the agency performed a specific risk assessment on all 2021 projects , taking into account the risks related to the covid-19 pandemic; commends the agency in this context for having identified mitigating actions the implementation of which prevented major impacts on the finalisation of the planned project activities; ### 21. notes that during 2021 the agency performed a specific risk assessment on all 2021 projects , taking into account the risks related to the covid-19 pandemic; commends the agency in this context for having identified mitigating actions the implementation of which prevented major impacts on the finalisation of the planned project activities; underlines that fundamental rights forum 2021 as the flagship event on the state of fundamental rights within the eu was organised by hybrid format; encourages the agency to make use of the lessons learned from the covid-19 in order to better recognize meetings , events and interviews that are more efficient to be held remotely than in-person in the future


### 1. welcomes the fact that the court of auditors (the ‘court’) has declared the transactions underlying the annual accounts of the european border and coast guard agency (‘frontex’ or the ‘agency’) for the financial year 2021 to be legal and regular in all material aspects; notes that the budget of the agency increased from eur 495 million in 2020 to eur 741 million (+ 50 %) in 2021 and that the agency's staff was increased from 1 234 to 1 554 (+ 26 %); ### 1. welcomes the outcome of the european court of auditors 2021 annual report on eu agencies for the financial year 20212a , which states that frontex’ accounts for the year ended 31 december 2021 present fairly , in all material respects , frontex’ financial position at 31 december 2021 , the results of its operations , its cash flows , and the changes in net assets for the year then ended , in accordance with its financial regulation and with accounting rules adopted by the commission’s accounting officer; notes that the budget of the agency increased from eur 495 million in 2020 to eur 741 million (+ 50 %) in 2021 and that the agency's staff was increased from 1 234 to 1 554 (+ 26 %) in the same period , in line with the new mandate and responsibilities provided for in the new 2019 regulation;2b


### 1. observes that the budget-monitoring efforts during the financial year 2021 resulted in a budget implementation rate of 94 ,70% , representing a decrease of 4 ,27% compared to 2020; calls on the agency to pay more attention in order to avoid lower levels of commitments and to reach a rate closer to the target of 100%; ### 1. notes that the budget of the agency increased significantly from eur 495 million in 2020 to eur 741 million (+ 50 %) in 2021 , in line with the new mandate and responsibilities stemming from the ebcg regulation; observes that the budget-monitoring efforts during the financial year 2021 resulted in a budget implementation rate of 94 ,70% , representing a decrease of 4 ,27% compared to 2020; calls on the agency to pay attention in order to avoid lower levels of commitments and to reach a rate closer to the target of 100%;


### 2. stresses that frontex is by large the agency that received more significant budget increases in the last years; recalls that the agency budget has skyrocketed from €118 million in 2011 to €741 million in 2021 , and to an annual average of €900 million for the 2021-2027 period; ### 2. stresses that frontex is by large the eu agency that received more significant budget increases in the last years , in line with its new responsibilities; recalls that frontex started with a budget of €6 million in 2005 , and it is receiving now €741 million in 2021; recalls that the european border and coast guard agency has been strengthened in terms of staff and technical equipment with its new mandate in 2019; notes that in view of the complex geopolitical situation , the importance of frontex in supporting member states increased significantly and efforts must continue in terms of human and material resources;


### 2. stresses that frontex is by large the agency that received more significant budget increases in the last years; recalls that the agency budget has skyrocketed from €118 million in 2011 to €741 million in 2021 , and to an annual average of €900 million for the 2021-2027 period; ### 2. stresses that frontex is by large the agency that received more significant budget increases in the last years; recalls that , with the increase in its staffing and in the amount of official travel , the agency’s budget has skyrocketed from €118 million in 2011 to €741 million in 2021 , and to an annual average of €900 million for the 2021-2027 period;


### 2. regrets that , in spite of the agency’s financial unit having put in place certain mechanisms to improve budget execution , in 2021 the payment appropriations execution rate was only 50 ,42% , representing a decrease of 4 ,90% compared to 2020; notes the agency’s explanation for this decrease , whereby in 2021 the scope of field operations has significantly increased for which payments are made to a large extent in year n+1; ### 2. regrets that , in spite of the agency’s financial unit having put in place certain mechanisms to improve budget execution , in 2021 the payment appropriations execution rate was only 50 ,42% , representing a decrease of 4 ,90% compared to 2020; notes the agency’s explanation for this decrease , whereby payments for field operations are made to a large extent in year n+1 , and the significant increase in the scope of field operations inevitably resulted in the decrease of payment appropriations execution rate in 2021;


### 3. notes the court’s observation concerning weaknesses in recruitment procedures , which undermine the principles of transparency and equal treatment of the candidates; notes the serious internal control weaknesses in the agency’ delegation process , ex-ante controls and procurement procedures; deplores the many payment delays; ### 3. notes the court’s observation concerning weaknesses in recruitment procedures , which undermine the principles of transparency and equal treatment of the candidates; takes also note of frontex' reply stating that frontex acknowledged a room for improvement in the implementation of the defined rules on selection procedures and that in january 2022 adopted more clear instructions to the selection committee members ensuring more consistent assessment and harmonised procedures; notes the serious internal control weaknesses in the agency’ delegation process , ex-ante controls and procurement procedures; deplores the many payment delays but likewise takes note that there were various reasons for these delays that were not always under the agency’s control , for example , several late payments , with high amounts that stem from delays of the member states in introducing their claims for grants; welcomes the agency's commitment to continuously improving in the field of late payments , as stated in its reply to the court;3a


### 4. notes the drawing up of a fundamental rights strategy and action plan; regrets that the obligation included in article 110(6) of regulation (eu) 2019/1896 to deploy at least 40 fundamental rights monitors has been met with significant delay; notes that the number of fundamental rights monitors now stands at 46; deeply deplores that despite the significant overall staff increase for the agency , the fundamental rights officer still lacks adequate human resources; urges the agency to provide its fundamental rights officer with adequate resources and staff; ### 4. welcomes the drawing up of a fundamental rights strategy and action plan; notes that the obligation included in article 110(6) of regulation (eu) 2019/1896 to deploy at least 40 fundamental rights monitors has been met with significant delay; welcomes however that since mid-october 2022 , the number of fundamental rights monitors stands at 46; recalls that , according to the same provision , the executive director shall assess on an annual basis whether the number of fundamental rights monitors needs to be increased in consultation with the fundamental rights officer; following that assessment , the executive director shall , where necessary , propose an increase in the number of fundamental rights monitors to the management board for the following year depending on operational needs; notes that out of the 46 staff members , 31 are administrators and 15 are at assistant level; further notes that in addition to fundamental rights monitors , the fundamental rights office has also almost 20 staff members; welcomes the agency commitment to further appoint staff at administrative level should the agency establishment plan allow it;


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


### 4. is concerned that the level of carry-over (c8 funds) from 2020 to 2021 was eur 159 400 000 , while from 2021 to 2022 it was eur 237 000 000; considers the level to be particularly high; regrets that the rate of payments of c8 funds in 2021 was only 87% , which is lower than in previous years (2019 and 2020); notes , however , the agency’s observation that this indicator has been affected by the pandemic; observes that grants represent around 60% of the total operational budget of the agency and , according to the agency , most of the them are related to activities that usually have an extended horizon; notes further the agency’s observation that significant amounts of carry-overs are justified since most of them are linked to the lifecycle of activities which have a final date in december , which makes the carry-over inevitable; understands the agency’s observation that risk of cancellation of carry-overs is mitigated by the fact that all of them must have legal commitment in place which gives a level of certainty that the amounts would be paid; recalls and shares , nevertheless , the court’s position that excessive levels of carry-overs can , in certain cases , be prevented by improving budget planning and its implementation cycles; calls on the agency to continue its efforts in this direction , including by striving for more precise cost estimates and budget forecasts and to report to the discharge authority about the progress achieved; ### 4. notes that the level of carry-over (c8 funds) from 2020 to 2021 was eur 159 400 000 , while from 2021 to 2022 it was eur 237 000 0001a; regrets that the rate of payments of c8 funds in 2021 was only 87% , which is lower than in previous years (2019 and 2020); notes , however , the agency’s observation that this indicator has been affected by the pandemic; observes that grants represent around 60% of the total operational budget of the agency and , according to the agency , most of the them are related to activities that usually have an extended horizon; notes further the agency’s observation that significant amounts of carry-overs are justified since most of them are linked to the lifecycle of activities which have a final date in december , which makes the carry-over inevitable; understands the agency’s observation that risk of cancellation of carry-overs is mitigated by the fact that all of them must have legal commitment in place which gives a level of certainty that the amounts would be paid; recalls and shares , nevertheless , the court’s position that excessive levels of carry-overs can , in certain cases , be prevented by improving budget planning and its implementation cycles; calls on the agency to continue its efforts in this direction , including by striving for more precise cost estimates and budget forecasts and to report to the discharge authority about the progress achieved;


### 5. takes the position that the management board should play a proactive role in identifying and preventing serious risk of fundamental rights violations; reiterates the importance to implement the standard operating procedures to withdraw the financing of , or suspend or terminate , or not launch frontex activities in cases where such risks arise; ### 5. takes the position that the management board and the executive director must work closely with the fundamental rights officer and play a proactive role in ensuring that frontex activities are always in compliance with fundamental rights; welcomes the positive progress made by the agency , particularly the decision of 25 january 2022 detailing standard operating procedures for the implementation of article 46 of regulation (eu) 2019/1896 drafted in accordance with the comments and observations of the member states and schengen associated countries , frontex fundamental rights officer , and the frontex consultative forum on fundamental rights; takes notes of the opinion of the fundamental rights officer arguing for more frontex involvement to monitor and support member states in their obligations set out in the eu acquis;


### 5. takes the position that the management board should play a proactive role in identifying and preventing serious risk of fundamental rights violations; reiterates the importance to implement the standard operating procedures to withdraw the financing of , or suspend or terminate , or not launch frontex activities in cases where such risks arise; ### 5. takes the position that the financing of frontex’s activities should be guaranteed in the long term , given the successive extensions of its mandate and the aim of establishing a 10 000-strong permanent european border and coast guard force by 2027;


### 6. expresses its utmost concerns with regard to allegations of push backs in the context of frontex operations in lithuania , latvia , croatia , bulgaria and greece; reiterates its call on the agency to suspend its operations supporting return-related operations from hungary as long as , and as concluded by the court of justice of the european union , the return decisions issued by the hungarian authorities are incompatible with directive 2008/115/ec and the charter of fundamental rights of the european union; ### 6. expresses its utmost concerns with regard to allegations of push backs in the context of frontex operations in lithuania , latvia , croatia , bulgaria and greece; takes note of the findings of the fundamental rights officer annual report 2021 which states that there was no evidence of frontex staff’s involvement in unlawful practices in lithuania , latvia and bulgaria , and the admissible complaints concerned frontex operational areas in albania , croatia , greece , and spain; demands the agency to monitor the correct implementation of return procedures by the hungarian authorities and to ensure the respect of fundamental rights in returns carried out with frontex assistance , in line with the fundamental rights officer’s recommendations; takes note that since 2020 , there have been no operational reports , either by staff deployed in returns from hungary or by the independent monitors , no complaints , no serious incident reports , and no communication of any other type to the agency on alleged violations of fundamental rights in cases of frontex assisted returns from hungary; also notes that there is no evidence of violations of fundamental rights in case of returns carried out with frontex assistance in hungary;6a


### 6. expresses its utmost concerns with regard to allegations of push backs in the context of frontex operations in lithuania , latvia , croatia , bulgaria and greece; reiterates its call on the agency to suspend its operations supporting return-related operations from hungary as long as , and as concluded by the court of justice of the european union , the return decisions issued by the hungarian authorities are incompatible with directive 2008/115/ec and the charter of fundamental rights of the european union; ### 6. notes the allegations of pushbacks in the context of frontex operations in lithuania , latvia , croatia , bulgaria and greece; calls on the competent authorities to investigate the allegations and , at the same time , requests that frontex continue its operations in those member states and in hungary;


### 7. reiterates its profound concerns about the findings of the olaf report of 15 february 2022 on investigations into frontex , and expresses its utter dismay in the behaviour and actions described in the findings and the lack of accountability; considers that the findings of the olaf report are a matter of public interest and should be made public without further delay; ### 7. reiterates its profound concerns about the findings of the olaf report of 15 february 2022 on investigations on the misconductof several individuals employed by the agency in , and expresses its utter dismay in the behaviour and actions described in the findings and the lack of accountability; takes note that in october 2022 some media organisations have released the report; while acknowledging that the findings of the olaf report can be a matter of public interest , deplores the fact the publication of a confidential report is in clear breach violation of the requirements laid down in articles 10(3) and 17(4a) of regulation (eu , euratom) no 883/2013 , to respect the confidentiality of the investigation conducted by olaf as well as the legitimate rights of the persons concerned , including their data protection rights;


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


### 7. notes with concern the third ‘emphasis of matter’ observation made by the court , concerning the declaration of the agency’s accounting officer with regard to the lack of the necessary information for the validation of a new system laid down by the authorising officer and used for supplying accounting information , that show the agency's assets and liabilities and the budgetary implementation; urges the agency to provide the discharge authority with clarifications on this issue; ### 7. notes with concern the third ‘emphasis of matter’ observation made by the court , concerning the declaration of the agency’s accounting officer with regard to the lack of the necessary information for the validation of a new system laid down by the authorising officer and used for supplying accounting information , that show the agency's assets and liabilities and the budgetary implementation; notes that the same system is in use by the commission and has been validated by the commission's accounting officer; urges the agency to provide the discharge authority with clarifications on this issue;


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


### 8. expresses its deep concerns in relation to media revelations that in the context of the expansion of a mass surveillance programme at europe’s external borders (pedra , or ‘processing of personal data for risk analysis’) , frontex and the european commission side-lined their own data protection oversight bodies and pursued an intrusive collection of personal data from migrants and refugees to feed into europol’s criminal databases; ### 8. notes that pedra (processing of personal data for risk analysis) was a project implemented between 2015 and 2017 to fight against cross-border crime and that it allowed the agency to develop capabilities required for processing personal data , as one of the measures undertaken to combat criminal smuggling networks; notes that frontex has been processing only operational personal data of suspects of cross-border crime and terrorism; notes that after receiving the edps opinions on frontex data processing rules , the agency’s data protection officer prepared an action plan to implement the edps recommendations; asks the management board to inform the european parliament about the implementation of these recommendations and the measures taken to ensure full compliance with the eu data protection rules; further notes that the pedra team has not implemented any processing activities that have not been approved by the edps;


### 9. notes that frontex’ structural problems regarding fundamental rights protection of asylum seekers and migrants , transparency , data protection , and alleged sexual harassment within the agency led the european parliament to refuse discharge of the agency’s 2020 budget; ### 9. points out that the european parliament refused to grant discharge in respect of the agency’s 2020 budget;


### 9. notes that frontex’ structural problems regarding fundamental rights protection of asylum seekers and migrants , transparency , data protection , and alleged sexual harassment within the agency led the european parliament to refuse discharge of the agency’s 2020 budget; ### 9. notes that the conclusions presented in the olaf report on the investigation conducted with respect to the activities of the agency under the former executive leadership , together with other observations led the european parliament to refuse discharge of the agency’s 2020 budget; notes however that those circumstances were not present in 2021;


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


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


### 13. notes that in april 2021 , an amended standard operating procedure (sop) on the serious incident report (sir) mechanism was signed and served to define the role and competences of the fundamental rights officer; notes further that the necessary additional revision of the sop on the sir mechanism has been delayed to the third quarter of 2022; recalls that this had been one of seven conditions addressed to the agency with respect to granting discharge in previous years; ### 13. notes that in april 2021 , an amended standard operating procedure (sop) on the serious incident report (sir) mechanism was signed and served to define the role and competences of the fundamental rights officer; notes further that the necessary additional revision of the sop on the sir mechanism has been delayed and is currently being finalised in cooperation with the fundamental rights officer and in consultation with the agency's consultative forum on fundamental rights; recalls that this had been one of seven conditions addressed to the agency with respect to granting discharge in previous years;


### 15. notes a dramatic increase in the number of the sirs from only 10 sirs in 2020 to 62 sirs in 2021 , of which 53 were covered by the newly amended sop; regrets that the highest numbers reported were from lithuania and greece; welcomes that a new procedure has been put in place whereby all incidents involving use of force are shared with the fro on a monthly basis who committed to issue an annual assessment of this procedure; calls on the agency to report to the discharge authority on the results of this assessment; commends that fundamental rights monitors (froms) started their integration into the operational framework and completed over 200 deployment days visiting 10 countries and taking part in 15 return missions; ### 15. notes a substantial increase in the number of the sirs from only 10 sirs in 2020 to 62 sirs in 2021 , of which 53 were covered by the newly amended sop; regrets that the highest numbers reported were from lithuania and greece; welcomes that a new procedure has been put in place whereby all incidents involving use of force are shared with the fro on a monthly basis who committed to issue an annual assessment of this procedure; calls on the agency to report to the discharge authority on the results of this assessment; commends that fundamental rights monitors (froms) started their integration into the operational framework and completed over 200 deployment days visiting 10 countries and taking part in 15 return missions;


### 18. notes that , on 31 december 2021 , the establishment plan was 82% executed , with 861 temporary agents appointed out of 1050 temporary agents authorised under the union budget; notes that , in addition , 506 contract agents and 187 seconded national experts worked for the agency (with 730 contract agents and 220 seconded national experts authorised for the agency in 2021); welcomes the occupancy rate of the agency having been increased by approx. 15% compared to the year 2020 , with a recruitment of 432 newcomers , but a net increase of 320 occupied positions from 1234 in 2020 to 1554 in 2021; notes further that 44 members of etias were on-boarded for the etias central unit division; regrets that in 2021 the external turnover of the agency’s staff has almost doubled from 2.8% in 2020 to 4.4% 2020; acknowledges the agency’s sustained efforts and critical improvements in the recruitment area , in spite of delays; ### 18. notes that , on 31 december 2021 , the establishment plan was 82% executed , with 861 temporary agents appointed out of 1050 temporary agents authorised under the union budget; notes that , in addition , 506 contract agents and 187 seconded national experts worked for the agency (with 730 contract agents and 220 seconded national experts authorised for the agency in 2021); welcomes the occupancy rate of the agency having been increased by approx. 15% compared to the year 2020 , with a recruitment of 432 newcomers , but a net increase of 320 occupied positions from 1234 in 2020 to 1554 in 2021; notes that the current occupancy rate in the agency is 79% , the highest occupancy rate since the new european border and coast guard regulation in 2019 (2019/1896); notes further that 44 members of etias were on-boarded for the etias central unit division; regrets that in 2021 the external turnover of the agency’s staff has almost doubled from 2.8% in 2020 to 4.4% 2021; acknowledges the agency’s sustained efforts and critical improvements in the recruitment area , in spite of delays; acknowledges that timely recruitment and achieving geographical balance remain challenging mainly due to a low coefficient rate for poland; further notes that the low coefficient rate for poland is a long standing challenge for the agency , which has been exacerbated in recent months by record high inflation in the country , reaching 16 ,6% in december 2022;


### 20. notes with appreciation the appointment of the fundamental rights officer (fro) in june 2021; notes further that the agency has come closer to the full implementation of its extended mandate by having in office , in 2022 , a total of 46 fundamental rights monitors (frms) , compared to only 20 frms in 2021; notes that most of the frms have been appointed at ad level; regrets nevertheless that a differentiation exists between frms , as 15 are still recruited on ast positions , compared to the other 31 recruited at ad level; urges the commission and the agency to modify the establishment plan of the agency in order to recruit all frms at ad level; calls on the agency to conduct further recruitments of frms exclusively at ad level; further regrets , , that the fulfilment of the requirement of article 110(6) of regulation (eu) 2019/1896 , which provided for the recruitment of at least 40 frms by december 2020 , has been delayed by almost two years; recalls the negative role played by the former executive director in the repeated delays of this process and welcomes the efforts of the new ad-interim management towards fulfilling this requirement; ### 20. notes with appreciation the appointment of the fundamental rights officer (fro) in june 2021; notes further that the agency has come closer to the full implementation of its extended mandate by having in office , in 2022 , a total of 46 fundamental rights monitors (frms) , compared to only 20 frms in 2021; notes that most of the frms have been appointed at ad level; regrets nevertheless that a differentiation exists between frms , as 15 are still recruited on ast positions , compared to the other 31 recruited at ad level; urges the commission and the agency to modify the establishment plan of the agency in order to recruit all frms at ad level; calls on the agency to conduct further recruitments of frms exclusively at ad level; further regrets , , that the fulfilment of the requirement of article 110(6) of regulation (eu) 2019/1896 , which provided for the recruitment of at least 40 frms by december 2020 , has been delayed by almost two years; welcomes the efforts of the new ad-interim management towards fulfilling this requirement;


### 26. notes with concern the court’s observations in the area of procurement; notes in particular that the agency has launched a procurement procedure for a framework contract for the provision of travel services , whereby the requirements for financial , technical and professional capacity of bidders was set very low; notes that the estimated contract value on which the agency based its assessment was eur 15 000 000 , while the underlying value of the contract was covering planned mission costs which were estimated at approximately eur 240 000 000; echoes the court’s conclusion that in this case , the agency exposed itself to various risks , such as the impossibility to deliver contracted services at the minimum quality on time and the risk that the contract would not be performed correctly; regrets that the contract led to a lack of performance that resulted in serious disruptions of business continuity; welcomes that following verifications , the contract was terminated; stresses that lax requirements used for the assessment of bidders or assessments carried out based on misleading data must be avoided; ### 26. notes with concern the court’s observations in the area of procurement; notes in particular that the agency has launched a procurement procedure for a framework contract for the provision of travel services , whereby the requirements for financial , technical and professional capacity of bidders was set very low; notes that the estimated contract value on which the agency based its assessment was eur 15 000 000 , while the underlying value of the contract was covering planned mission costs which were estimated at approximately eur 240 000 000; echoes the court’s conclusion that in this case , the agency exposed itself to various risks , such as the impossibility to deliver contracted services at the minimum quality on time and the risk that the contract would not be performed correctly; regrets that the contract led to a lack of performance that resulted in serious disruptions of business continuity; welcomes that following verifications , the contract was terminated immediately; stresses that lax requirements used for the assessment of bidders or assessments carried out based on misleading data must be avoided;


### 33. reiterates that the enhanced competences and resources allocated to the agency must be accompanied by increased transparency and accountability , as well as full respect for and protection of fundamental rights; welcomes in this regard the use by the agency of a transparency register and notes the prioritisation of efforts by both the management board and the executive management to further enhance integrity and accountability arrangements at the cross-agency level; notes with satisfaction in this regard the adoption of an internal audit capacity in september 2022; reiterates its dismay for the actions of the previous executive director with regards to accountability , transparency and respect for fundamental rights and welcomes the expressed commitment of the ad-interim executive management to fully address these issues; stresses that such accountability and transparency , and fundamental rights compliance are essential in the evaluation towards granting discharge to the agency for the respective financial year; ### 33. reiterates that the enhanced competences and resources allocated to the agency must be accompanied by increased transparency and accountability , as well as full respect for and protection of fundamental rights; welcomes in this regard the use by the agency of a transparency register and notes the prioritisation of efforts by both the management board and the executive management to further enhance integrity and accountability arrangements at the cross-agency level; notes with satisfaction in this regard the adoption of an internal audit capacity in september 2022; stresses that such accountability and transparency , and fundamental rights compliance are essential in the evaluation towards granting discharge to the agency for the respective financial year;


### 33. reiterates that the enhanced competences and resources allocated to the agency must be accompanied by increased transparency and accountability , as well as full respect for and protection of fundamental rights; welcomes in this regard the use by the agency of a transparency register and notes the prioritisation of efforts by both the management board and the executive management to further enhance integrity and accountability arrangements at the cross-agency level; notes with satisfaction in this regard the adoption of an internal audit capacity in september 2022; reiterates its dismay for the actions of the previous executive director with regards to accountability , transparency and respect for fundamental rights and welcomes the expressed commitment of the ad-interim executive management to fully address these issues; stresses that such accountability and transparency , and fundamental rights compliance are essential in the evaluation towards granting discharge to the agency for the respective financial year; ### 33. reiterates that the enhanced competences and resources allocated to the agency must be accompanied by increased transparency and accountability , as well as full respect for and protection of fundamental rights; welcomes in this regard the use by the agency of a transparency register and notes the prioritisation of efforts by both the management board and the executive management to further enhance integrity and accountability arrangements at the cross-agency level; notes with satisfaction in this regard the establishment of an internal audit capability and adoption of internal audit charter in 2022; reiterates its dismay for the actions of the previous executive director with regards to accountability , transparency and respect for fundamental rights and welcomes the expressed commitment of the ad-interim executive management to fully address these issues; stresses that such accountability and transparency , and fundamental rights compliance are essential in the evaluation towards granting discharge to the agency for the respective financial year;


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


### 49. welcomes the agency’s commitment to define and operationalize the compliance of fundamental rights on its activities through the adoption in 2021 of the fundamental rights strategy and the fap; welcomes the agency’s commitment to monitor the implementation of the fap; calls on the agency to provide the discharge authority with update on the progress with regard to fap implementation; commends that the fundamental rights officer (fro) is involved and consulted on all pertinent files and has regular meetings with the executive management and the consultative forum; notes the creation of a network of fundamental rights focal points in all the agency’s entities to develop fundamental rights expertise in all areas of activity; acknowledges the important role that the frms have , including their access to the operational areas and close cooperation with the agency’s operational staff; notes nevertheless that the fro office disposes of less than 20 staff members , in spite of the growing numbers in the agency’s recruitment plan; calls on the agency to step up its efforts towards equipping the fro office with the appropriate resources for conducting its respective activities; acknowledges further the agency’s decision setting rules for the executive director and the management board to inform the consultative forum of the follow-up to its recommendations and to ensure that action is taken with regard to recommendations of the fro; expects the agency to implement the recommendations of the fro as set out in his 2021 annual report; calls on the agency’s to ensure that the recommendations of the fro and the consultative forum presented to the management board are shared with the discharge authority; ### 49. welcomes the agency’s commitment to define and operationalize the compliance of fundamental rights on its activities through the adoption in 2021 of the fundamental rights strategy and the fundamental rights action plan (frap); welcomes the agency’s commitment to monitor the implementation of the frap; calls on the agency to provide the discharge authority with update on the progress with regard to frap implementation; commends that the fundamental rights officer (fro) is involved and consulted on all pertinent files and has regular meetings with the executive management and the consultative forum; notes the creation of a network of fundamental rights focal points in all the agency’s entities to develop fundamental rights expertise in all areas of activity; acknowledges the important role that the frms have , including their access to the operational areas and close cooperation with the agency’s operational staff; notes nevertheless that the fro office disposes of less than 20 staff members , in spite of the growing numbers in the agency’s recruitment plan; calls on the agency to step up its efforts towards equipping the fro office with the appropriate resources for conducting its respective activities; acknowledges further the agency’s decision setting rules for the executive director and the management board to inform the consultative forum of the follow-up to its recommendations and to ensure that action is taken with regard to recommendations of the fro; expects the agency to implement the recommendations of the fro as set out in his 2021 annual report; calls on the agency’s to ensure that the recommendations of the fro and the consultative forum presented to the management board are shared with the discharge authority;