### 51. recalls the conclusion of the court of justice of the european union , that return decisions issued by the hungarian authorities are incompatible with directive 2008/115/ec and the charter of fundamental rights of the european union; calls on the agency to refrain from participating in any operations that are incompatible with eu law; notes from the agency's reply that it performed verifications and concluded that it had never been involved in returns related to the hungarian legislation deemed incompatible with eu law by the cjeu (hu national act lxxxix of 2007 and act lviii of 2020 which); takes note that the agency requires hungary to confirm special disclaimers concerning procedural aspects when requesting the agency’s support , ensuring that all the agency does its utmost to ensure that all return procedures supported by it in hungary are fully compliant with the relevant eu legal framework on return and asylum; further notes that the agency increased monitoring activities in hungarian returns and strengthened consultation and cooperation with the fundamental rights officer on hungary; ### 51. recalls the conclusion of the court of justice of the european union , that return decisions issued by the hungarian authorities are incompatible with directive 2008/115/ec and the charter of fundamental rights of the european union; calls on the agency to refrain from participating in any operations that are incompatible with eu law; notes from the agency's reply that it performed verifications and concluded that it had allegedly never been involved in returns related to the hungarian legislation deemed incompatible with eu law by the cjeu (hu national act lxxxix of 2007 and act lviii of 2020 which); takes note that the agency requires hungary to confirm special disclaimers concerning procedural aspects when requesting the agency’s support , questions nevertheless the reliability of such information given the systematic breach of the rule of law in hungary ; further notes that the agency increased monitoring activities in hungarian returns and strengthened consultation and cooperation with the fundamental rights officer on hungary; 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;


### 53. notes with concern the media reports about alleged misconduct in expansion of the processing of personal data for risk analysis programme (pedra); notes from the agency's reply that the project had been implemented between 2015 and 2017 , allowing the agency to develop capabilities required for processing personal data in accordance with article 11c of regulation 1168/2011; further takes note of the agency's position that it had been processing only operational personal data of suspects of cross- border crime and terrorism , having not started the processing of personal data of victims and witnesses; takes note of the management board decisions 56/2021 , 68/2021 and 69/2021 , upon the receipt of the edps opinions on the agency's data protection rules , leading to the agency's data protection officer to prepare an action plan for the implementation of the edps recommendations; calls on the agency to address this situation and ensure full compliance with eu data protection rules , regularly consulting the edps over and keeping the discharge authority informed about the status and progress of the reform; ### 53. notes with concern the media reports about alleged misconduct in expansion of the processing of personal data for risk analysis programme (pedra); notes from the agency's reply that the project had been implemented between 2015 and 2017 , allowing the agency to develop capabilities required for processing personal data in accordance with article 11c of regulation 1168/2011; further takes note of the agency's position that it had been processing only operational personal data of suspects of cross- border crime and terrorism , having not started the processing of personal data of victims and witnesses; takes note of the management board decisions 56/2021 , 68/2021 and 69/2021 , upon the receipt of the edps opinions on the agency's data protection rules , leading to the agency's data protection officer to prepare an action plan for the implementation of the edps recommendations; highlights that actions were taken only following the publication of media reports; calls on the agency to address this situation and ensure full compliance with eu data protection rules , regularly consulting the edps over and keeping the discharge authority informed about the status and progress of the reform;


### 5. notes that the court observed weaknesses in cepol’s internal control environment , in relation to the management of budgetary commitments; ### 5. notes that the court observed weaknesses in cepol’s internal control environment , other than those concerning procurements , in relation to the management of budgetary commitments;


### 6. regrets that there have been irregularities in payment of expenses related to organisation of cepol events in non-eu countries; notes that the weaknesses identified in relation to the cepol procurement procedure can compromise the principle of transparency and expose the agency to reputational and legal risks; ### 6. regrets that there have been irregularities in payment of expenses related to organisation of cepol events in non-eu countries which contravened the financial regulation; notes that the repeated and increased weaknesses identified in relation to the cepol procurement procedure can compromise the principle of transparency and expose the agency to reputational and legal risks;


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


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


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


### a. whereas 2.5 million people applied for asylum in the european union in the period 2015-2016 , a fourfold increase compared to 2012-2013; ### a. whereas in 2015 , 1 ,393 ,920 asylum seekers applied for international protection in the eu+; whereas in 2016 1 ,292 ,740 asylum seekers applied for international protection in the eu+; whereas in 2017 , 735 ,005 asylum seekers applied for international protection in the eu+; whereas in 2018 , 665 ,920 asylum seekers applied for international protection in the eu+; whereas in 2019 , 738 ,425 asylum seekers applied for international protection in the eu+;


### b. whereas one-third of the member states currently play host to 90% of asylum seekers; ### b. whereas one-third of the member states currently host 90% of asylum seekers;


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


### d. whereas there have been significant shortcomings in the implementation of the dublin iii regulation , including during the covid-19 crisis , undermining the right to international protection and leading to violations of fundamental rights; ### d. whereas there have been significant shortcomings in the implementation of the dublin iii regulation , including during the covid-19 crisis , undermining the right to international protection and leading to violations of fundamental rights; whereas some of the flaws are inherent to the design of the dublin regulation and can not be solved through implementation alone ;


### incorporating the principle of solidarity into the management of asylum seekers ### incorporating the principle of solidarity into the common european asylum system


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


### 2. stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at eu level; deplores the fact that efforts to overhaul the dublin iii regulation have been blocked in the council; ### 2. recalls its adopted legislative resolution on the dublin iv recast adopted on 6 november 2017; deplores the fact that the council did not adopt a position on this recast and therefore blocked efforts to overhaul the dublin iii regulation;


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


### 4. calls on the member states to make use of the discretionary clause in article 17 when exceptional circumstances so warrant , for example to relocate asylum seekers currently living in the greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions; ### 4. calls on the member states to expand the use of the discretionary clause in article 17 to address challenging situations , including as a tool for responsibility-sharing in situations of large numbers of spontaneous arrivals and in the specific context of sea arrivals and disembarkation procedures;


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


### 6. highlights the significant operational backing for dublin procedures provided by the european asylum support office (easo) in the hotspots; calls on the commission and the member states to facilitate the work of easo staff by allowing interviews in a language other than that of the country in which they are conducted; calls for the establishment of a european asylum agency , with sufficient financial and human resources; ### 6. notes the significant operational backing for dublin procedures provided by the european asylum support office (easo) in the hotspots; calls on the commission and the member states to facilitate the work of easo staff by allowing the interviewer to speak a language other than that of the country in which they are conducted while ensuring that the applicant is provided with interpretation in a language he or she understands; stresses the need for easo to abide in its operational work with the highest standards and put the interests of applicants in need of international protection , including the best interest of the child , at the heart of its work;


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


### 8. calls on the commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; calls on the member states and the commission to protect the best interests of children and to clarify the criteria for keeping children in detention; ### 8. calls on the commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to enable a better use of the family reunification provisions , including by harmonising standards of proof across member states towards less stringent standards; calls on the member states and the commission to protect the best interests of the child , who should never be detained because of his or her family immigration status ; calls to expand the sources used for the monitoring and identification of unlawful practices to include information provided by international and non-governmental organisations where it is reliable , up-to-date and specific;


### simplify procedures and significantly reduce processing times ### simplify procedures , reduce processing times and uphold the right to an effective remedy


### 9. stresses that the number of transfer procedures has increased significantly , generating considerable human , material and financial costs; deplores , however , the fact that in only 11% of cases are transfers actually carried out , a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between member states; regards efforts to combat secondary movements as essential in order to reduce the number of transfer requests; proposes that the conditions which trigger transfer procedures be clarified and harmonised; ### 9. stresses that the number of transfer procedures has increased significantly , generating considerable human , material and financial costs; notes , however , the fact that in only 11% of cases are transfers actually carried out; notes the lack of cooperation and information-sharing between member states; encourages member states to apply the discretionary clause of article 17 more swiftly , in cases where it becomes evident that transfers can not be carried out , or where the individual situation of the applicant requires so;


### 10. considers that in some cases the rules on transfer of responsibility under dublin iii undermine the efficiency of asylum procedures and the carrying-out of transfers and contribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the system; calls on the commission to revise the rules , in order to give member states sufficient time to carry out transfers and do away with transfer of responsibility in cases where an asylum seeker absconds; ### deleted


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


### a single asylum application in the eu ### a rights-centred application of dublin arrangements in the eu


### 12. stresses that the principle of a single asylum application in the eu is consistently flouted , a state of affairs at odds with the very purpose of the dublin iii regulation; considers that the competent national authorities should share their relevant information on a european database such as eurodac , in order to speed up procedures and prevent multiple asylum applications , while protecting personal data; ### 12. notes that the principle of a single asylum application in the eu that was the very purpose of the dublin iii regulation is hampered by various factors , including poor reception conditions in many first member states of arrivals due to overcrowding , lengthy and failed family reunification procedures , xenophobia in countries of arrivals , as well as flaws in asylum procedures in some countries;


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


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


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


### 17. urges the commission and the council to work towards convergence in the bilateral agreements concluded between member states and with third countries , in order to optimise implementation of the dublin iii regulation; ### deleted


### 18. deplores the fact that the commission has still not published its article 46 assessment report; calls on the commission to ensure that the dublin iii regulation is implemented more effectively; ### 18. deplores the fact that the commission has still not published its article 46 assessment report; calls on the commission to avoid applying the dublin iii regulation in an ineffective , costly or unreasonable manner;


### a. whereas the commission has only assessed the implementation of the return directive once (in 2014) , despite the legal obligation under article 19 of the directive to report on its application every three years , starting from 2013; ### a. whereas the commission has only assessed the implementation of the return directive once (in 2014) , despite the legal obligation under article 19 of the directive to report on its application every three years , starting from 2013; whereas despite its commitment in its 2014 communication to table legislative amendments to the return directive only after a thorough evaluation of its implementation , the commission released a proposal for a recast in 2018;


### b. whereas the twofold objective of the directive is effective return in line with fundamental rights and the principle of proportionality; whereas in its recommendation on making returns more effective , the commission focuses on the rate of returns as the primary indicator of the directive’s effectiveness; ### b. whereas the twofold objective of the directive is effective return in line with fundamental rights and the principle of proportionality; whereas in its recommendation on making returns more effective , the commission focuses on the rate of returns as the primary indicator of the directive’s effectiveness and recommends to diminish many safeguards of the directive , such as the right to appeal and to make use of longer detention periods;


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


### b. whereas at least 16 969 people have lost their lives in the mediterranean since 2014; whereas non-assistance to people in distress at sea and push-backs to unsafe ports in third countries violate the international law of the sea and the right to life; ### b. whereas at least 16 969 people have lost their lives in the mediterranean since 2014; whereas non-assistance to people in distress at sea and push-backs to unsafe ports in third countries violate the international law of the sea , the right to life and the right to asylum; whereas the eu and its member states should promote the establishment , operation and maintenance of adequate and effective search and rescue operations covering the entire mediterranean basin and not criminalise individuals and organisations which provide support or assistance to people in distress;


### 1. calls on the commission to carry out a comprehensive evaluation of the human rights implications of the eu’s external migration policy , paying particular attention to the eu-turkey statement , cooperation with libya , the joint way forward with afghanistan , projects carried under the khartoum process and frontex cooperation; ### 1. calls on the commission to carry out a comprehensive evaluation of the human rights implications of the eu’s external migration policy , paying particular attention to the eu-turkey statement , cooperation with libya , the joint way forward with afghanistan , projects carried under the khartoum process and frontex cooperation; calls on the commission to immediately suspend any cooperation that endangers the human rights of those affected;


### 2. stresses that these obligations require not only the abstract recognition of the applicability of the relevant standards , but also an appropriate operationalisation through detailed and specific instruments that allow for effective protection in practice as well as through a human rights-based approach to the entire migration policy cycle , from formulation to adoption , implementation and evaluation; ### 2. stresses that these obligations require not only the abstract recognition of the applicability of the relevant standards , but also an appropriate operationalisation through detailed and specific instruments that allow for effective protection and safeguards in practice as well as through a human rights-based approach to the entire migration policy cycle , with a particular focus on migrant women and unaccompanied children , from formulation to adoption , implementation monitoring and evaluation;


### 2. recalls that eu development cooperation must have as its main objective the reduction and eradication of poverty and that it must be based on partner countries’ development agendas , following a needs and rights-based approach , and not on eu domestic interests; ### 2. recalls that eu development cooperation must have as its main objective the reduction and eradication of poverty and inequalities , and that it must be based on partner countries’ development agendas , following a needs and rights-based approach , and not on eu domestic interests;


### 3. recalls that the eu and , when applying eu law , the member states , in their external and extraterritorial actions in the areas of migration , borders and asylum , should pay specific attention to the rights enshrined in the charter of fundamental rights , including the right to liberty , the right to asylum , human dignity and security , the prohibition of ill-treatment , slavery and forced labour , and the obligation to take the interests of the child as a primary consideration and to ensure non-discrimination and procedural guarantees such as the right to an effective remedy and data protection; ### 3. recalls that in compliance with article 3(5) and 21 teu , the eu and , the member states when applying eu law , in their external and extraterritorial actions , agreements and cooperation , including in the areas of migration , borders and asylum , must guarantee the respect , fulfilment and protection of the rights enshrined in the charter of fundamental rights , including the right to liberty , the right to asylum , human dignity and security , the protection from enforced disappearance , the prohibition of ill-treatment , torture , slavery and forced labour , and the obligation to take the interests of the child as a primary consideration as well as adopting a gender-sensitive approach and to ensure non-discrimination and procedural guarantees such as the right to an effective remedy and data protection , not only by passively avoiding human rights violations , but also by actively demanding effective human rights clauses in all political negotiations;


### 3. takes note of the eu’s new pact on migration and asylum; expresses its regret that the proposed measures are insufficient to ensure respect for migrants’ human rights and is especially worried about the externalisation of eu border management and migration control; ### 3. takes note of the eu’s new pact on migration and asylum; expresses its regret that the proposed measures are insufficient , if not directly counterproductive , to ensure respect for migrants’ human rights; and is especially worried about the securitisation proposed approach and the externalisation of eu border management and migration control , which not only generates negative outcomes from a human rights and safe human mobility perspective , but also evidences of negative outcomes in term of human development on local populations in developing countries , mainly in africa;


### f. whereas the eu action plan on human rights and democracy 2020-2024 commits the eu and its member states to ‘advocate for the specific protection to which migrants , refugees , and internally displaced and stateless persons are entitled’; whereas this action plan commits the eu to ‘promoting non-discriminatory access to social services , including quality and affordable healthcare and education (also online) , and build[ing] practitioners’ capacity to respond to the specific needs of (...) migrants [and] refugees’ and to ‘support[ing] a human rights-based approach to migration governance and strengthen[ing] the capacity of states , civil society and un partners to implement this approach’; ### f. whereas the eu action plan on human rights and democracy 2020-2024 commits the eu and its member states to ‘advocate for the specific protection to which migrants , refugees , and internally displaced and stateless persons are entitled’; whereas this action plan commits the eu to ‘promoting non-discriminatory access to social services , including quality and affordable healthcare and education (also online) , and build[ing] practitioners’ capacity to respond to the specific needs of (...) migrants [and] refugees’ and to ‘support[ing] a human rights-based approach to migration governance and strengthen[ing] the capacity of states , civil society and un partners to implement this approach’; whereas the eu gender action plan iii commits the eu to ensuring that “the human rights of migrant women and girls are fully realised through gender-responsive migration policies , programmes and laws , and gender-responsive migration governance at global , regional and national levels reinforced”


### 4. observes that the commission has yet to evaluate the impact of the implementation of its successive migration policy frameworks , notably the gamm and the new partnership framework , on the human rights of tcns as well as the human rights impact of the eu’s cooperation on migration with third countries; insists on the need to carry out such an evaluation in a comprehensive , inclusive and public format with a view to ensuring the full human rights compliance of the eu’s external migration policy; ### 4. observes that the commission has yet to evaluate the impact of the implementation of its successive migration policy frameworks , notably the gamm and the new partnership framework , on the human rights of tcns as well as the human rights impact of the eu’s cooperation on migration with third countries; insists on the need to carry out such an evaluation in a comprehensive , inclusive and public format with a view to ensuring the full human rights compliance of the eu’s external migration policy , paying particular attention to the eu-turkey statement including the facility for refugees in turkey , the eutf , cooperation with libya , the joint way forward with afghanistan , projects carried under the khartoum process and frontex cooperation; calls on the commission to immediately suspend any cooperation that endangers the human rights of those affected;


### 5. notes with concern the absence of operational , reporting , monitoring and accountability mechanisms at the level of individual cases to track and respond to potential violations , as well as the lack of effective judicial remedies for persons whose rights are allegedly violated as a consequence of eu cooperation with third countries , especially in the case of informal agreements and financial cooperation; ### 5. notes with great concern the absence of operational , reporting , monitoring , evaluation and accountability mechanisms at the level of individual cases to track and respond to potential violations , as well as the lack of effective judicial remedies for persons whose rights are allegedly violated as a consequence of eu cooperation with third countries , especially in the case of informal agreements and financial cooperation; highlights the lack of accountability of member states and transparency with regards to funds offered to third countries for the purpose of migration control under formal or informal agreements; calls for the implementation of effective legal remedies for those whose rights are violated in relation to these informal agreements;


### 5. reiterates that neither development assistance nor bilateral or multilateral partnerships with developing countries must be conditional on cooperation on migration policies; ### 5. reiterates that neither development assistance nor bilateral or multilateral partnerships with developing countries must be conditional on cooperation on migration policies; as this would undermine the eu’s legal obligation to policy coherence for development and with the european consensus on development , as well as the primary purpose of official development assistance of eradicating poverty and be against the aid effectiveness principle of country ownership;


### 6. calls for the eu to ensure that readmission agreements and agreements for cooperation on border management are only concluded with third countries that explicitly commit to respecting human rights and the rights enshrined in the un refugee convention , and to ensure that such cooperation does not lead to violations of those rights and offers operational means to nullify these agreements , seek remedy and ensure accountability should such violations occur; ### 6. calls for the eu to ensure that readmission agreements and agreements for cooperation on border management are only concluded with third countries that respect human rights and the rights enshrined in the un refugee convention , and to ensure that such cooperation does not lead to violations of those rights and offers operational means to nullify these agreements , seek effective remedy and ensure accountability should such violations occur;


### 7. calls on the commission to ensure ex ante risk assessments , performed by independent agencies , on the impact of any formal , informal or financial eu cooperation with third countries on the rights of migrants and refugees; calls on the commission to set implementation guidelines for eu agencies and member states before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are experiencing ongoing or frozen conflicts and face increased risks of human rights violations; ### 7. calls on the commission to ensure ex ante risk assessments , performed by independent agencies , on the impact of any formal , informal or financial eu cooperation with third countries on the rights of migrants and refugees and of human rights defenders and civil society in-country working to defend these rights; calls on the commission to set implementation guidelines for eu agencies and member states before entering into cooperation with third countries; calls on the eu to specifically abandon the negotiations on readmission agreements in relation to countries which are suspected of breaching the rule of law , experiencing ongoing or frozen conflicts and face increased risks of human rights violations , such as turkey , libya and egypt and countries where migrants and refugees are subjected to mistreatment and illegal push back , such as tunisia , algeria , morocco; deplores that certain countries have signed their own partnership agreements with the eu and taken on the commitment to prevent irregular migration towards europe , and have increasingly started deporting sub-saharan migrants , irregular as well as those with legal right to stay;


### 8. calls on the commission to establish an independent , transparent and effective monitoring mechanism , which entails periodic reports on the implementation of formal , informal and financial agreements that can potentially impact the rights of migrants and refugees in third countries , such as migration partnerships , readmission agreements , and international cooperation on migration management and governance , including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be transparent , participatory for civil society and field workers , and publicly available; insists on the need to ensure means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism; ### 8. notes that border externalisation practices , systematically end up in impunity for those who might have committed human rights violations; calls on the commission to establish an independent , transparent and effective monitoring mechanism , which entails periodic reports on the implementation of formal , informal and financial agreements with third countries , that can potentially impact the rights of migrants and refugees and of human rights defenders and civil society in-country working to defend these rights , such as migration partnerships , readmission agreements , and international cooperation on migration management and governance , including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be transparent , participatory for civil society and field workers , and publicly available; insists on the need to ensure means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism; stresses that such system should ensure legal and political accountability for potential human rights violations , including unlawful pushbacks violating the principle of non-refoulement;


### 8. reiterates that the ndici budget dedicated to migration should be used to address the root causes of migration and not to control migratory flows or fund external border management. ### 8. reiterates that the ndici budget dedicated to migration should be used to address the root causes of migration and not to control migratory flows or fund external border management. highlights that the ndici should contain measures that will ensure accountability and transparency in spending and implementation of migration-related projects so their focus on tackling the root causes of migration is monitored and preserved.


### 9. calls on the eu to consider means to ensure access to justice for persons affected by measures implementing cooperation between it and third countries on migration , including through accessible mechanisms for seeking information , submitting complaints and securing effective remedy; ### 9. calls on the eu to ensure access to justice and medical care , including sexual and reproductive health services , for persons affected by measures implementing cooperation between it and third countries on migration , including through accessible mechanisms for seeking information , submitting complaints and securing effective remedy; asks to ensure that those who might suffer human rights violations as a result of such externalisation practices can access effective legal remedies and therefore victims of such abuses can obtain redress or reparation;


### 11. highlights the practical human rights implications stemming from the increasing number , and hence the extrajudicial nature , of informal arrangements on return and readmission , which are concluded in the absence of due democratic scrutiny and parliamentary oversight and are not subject to judicial scrutiny; calls on the commission to prioritise the conclusion of formal readmission agreements , thus ensuring full respect for article 218(6) teu , and to ensure that formal eu readmission agreements (euras) exclude the application of informal agreements; believes that parliament must assess the legality of informal agreements which include commitments on issues that fall within its competencies , such as readmission , and must be ready to undertake further action if these informal agreements appear to be incompatible with the treaties; ### 11. condemns the increasing use by the eu and member states of informal arrangements with third countries such as statements , declarations , standard operating procedures and memoranda of understanding that aim to step up returns and prevent people from finding safety in europe; highlights with great concern , the practical human rights implications stemming from the increasing number , and hence the extrajudicial nature , of informal arrangements on return and readmission , which are concluded in the absence of due democratic scrutiny and parliamentary oversight and are not subject to judicial scrutiny; calls on the commission to prioritise the conclusion of formal readmission agreements , thus ensuring full respect for article 218(6) teu , and to ensure that formal eu readmission agreements (euras) exclude the application of informal agreements; believes that parliament must assess the legality of informal agreements which include commitments on issues that fall within its competencies , such as readmission , and must be ready to undertake further action if these informal agreements appear to be incompatible with the treaties; calls for the suspension of arrangements that are incompatible with the charter of fundamental rights , the eu treaties and international law; calls for the implementation of effective legal remedies for those whose rights are violated in relation to these informal agreements;


### 12. highlights the increased role of the european border and coast guard agency in practical and operational cooperation with third countries , including on return and readmission , provision of training , operational and technical assistance to authorities of third countries for the purpose of border management and border control , carrying out operations or joint operations at the eu’s external borders or in the territories of third countries , and deploying liaison officers and operational staff in third countries; ### 12. highlights with great concern the increased role of the european border and coast guard agency in practical and operational cooperation with third countries , including on return and readmission , provision of training , operational and technical assistance to authorities of third countries for the purpose of border management and border control , carrying out operations or joint operations at the eu’s external borders or in the territories of third countries , and deploying liaison officers and operational staff in third countries; calls on the commission to establish an independent , transparent and effective monitoring mechanism on all activities carried out by the european border and coast guard agency , in addition to the internal complaint mechanism in place;


### 13. recalls that ad hoc status agreements , to be approved by the european parliament , are required for the deployment of the european border and coast guard agency’s border management teams to a third country where the members of the teams will exercise executive powers; regrets that the two status agreements concluded to date do not include specific measures for the operationalisation of human rights as part of border management , and also fail to clearly regulate accountability for potential human rights violations , and calls for any future status agreements to include such measures; ### 13. recalls that ad hoc status agreements , to be approved by the european parliament , are required for the deployment of the european border and coast guard agency’s border management teams to a third country where the members of the teams will exercise executive powers; regrets that the two status agreements concluded to date do not include specific measures for the operationalisation of human rights as part of border management , and also fail to clearly regulate accountability for potential human rights violations , or ensure that material support and training to third countries is not given to perpetrators of human rights violations , and calls for any future status agreements to include such measures;


### 16. notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management , including return and readmission; stresses , however , that according to article 208 tfeu the primary objective of union development cooperation policy shall be the reduction and , in the long term , the eradication of poverty; calls , therefore , on the commission to ensure that policies on development cooperation do not contravene the principles enshrined in article 208 tfeu; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries , the rights of refugees and migrants , and their potential impact on regional migration patterns and contribution to local economies , and thus also undermines a wide range of rights stemming from the sustainable development goals; ### 16. rejects the increasing recourse since 2016 to enhanced conditionality between development cooperation or aid and migration management , including return and readmission with the objective of managing migration movements leading to further externalisation of eu migration controls- a process that hinders the delivery of humanitarian services; stresses that this approach compromises articles 21 and 208 tfeu , according to which , the primary objective of union development cooperation policy shall be the reduction and , in the long term , the eradication of poverty , tackling inequality and exclusion , promoting democratic governance and human rights , and enhancing sustainable and inclusive development; calls , therefore , on the commission to ensure that policies on development cooperation including development assistance or bilateral or multilateral partnerships , do not contravene the principles enshrined in tfeu , and thus , calls on the eu to stop making this conditionality; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries , the rights of refugees and migrants , and their potential impact on regional migration patterns and contribution to local economies , and thus also undermines a wide range of rights stemming from the sustainable development goals;


### 17. notes that a complete , public overview of eu funding to third countries to facilitate cooperation on migration issues remains unavailable; calls on the commission to provide improved transparency , including by establishing a clear overview of the funds used to finance cooperation with third countries in the field of migration management across all its financial instruments and their implementation , including information on the amount , purpose and source of funding as well as detailed information on any other potential support measures provided by eu agencies such as the european border and coast guard agency , in order to ensure that parliament can efficiently perform its institutional role of scrutiny of the implementation of the eu budget; ### 17. notes that a complete , public overview of eu funding to third countries to facilitate cooperation on migration issues remains unavailable; deplores the lack of transparency and secrecy concerning eu funded projects and calls on the commission to provide improved transparency , including by establishing a clear overview of the funds used to finance cooperation with third countries in the field of migration management across all its financial instruments and their implementation , including information on the amount , purpose and source of funding as well as detailed information on any other potential support measures provided by eu agencies such as the european border and coast guard agency , in order to ensure that parliament can efficiently perform its institutional role of scrutiny of the implementation of the eu budget;


### 19. notes that the possibilities of mainstreaming migration policy in eu external policy are significantly broadened by the inclusion of migration in the thematic , geographical and rapid response component of the proposed neighbourhood , development , international cooperation instrument (ndici); notes with concern , however , that through the ‘rapid response’ component , cooperation with third countries on migration management can be funded without the need for the commission to publish any programming documents or consult civil society actors , and without the involvement of parliament , including in the framework of the ‘migration preparedness and crisis blueprint’ , which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021-2027 multiannual financial framework is accompanied by a robust human rights framework for the identification , implementation and monitoring of future migration cooperation programmes; ### 19. reiterates that the ndici budget dedicated to migration should be used to address the root causes of migration and not to control migratory flows or fund external border management; notes with concern , that through the ‘rapid response’ component , cooperation with third countries on migration management can be funded without the need for the commission to publish any programming documents or consult civil society actors , and without the involvement of parliament , including in the framework of the ‘migration preparedness and crisis blueprint’ , which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021-2027 multiannual financial framework is accompanied by a robust human rights framework for the identification , implementation and monitoring of future migration cooperation programmes as to link the eu financial disbursement to human rights obligations;


### 20. calls on the commission to regularly report to parliament on the funding of migration-related cooperation programmes in third countries and their human rights impact , including within the framework of the working group on external financial instruments of the committee on foreign affairs; ### 20. calls on the commission to regularly and publicly report to parliament on the funding of migration-related cooperation programmes in third countries and their human rights impact , including within the framework of the working group on external financial instruments of the committee on foreign affairs; calls for the parliament to be given a stronger role in monitoring the impact of the use of eu funds on human rights , including the human rights of migrants , in the concerned third countries , having as a result of its assessments the redesign of future eu priorities;


### 22. recalls the commitment of the eu and its member states under the global compact on refugees to share responsibility for the protection of refugees and ease the pressure on host countries; stresses in this regard that the eu and its member states should contribute to a more structural and substantial funding of the regions hosting most refugees , and should not use financial means to shift responsibility for the protection of refugees to third countries; reiterates the importance of fully implementing the 23 objectives of the global compact for safe , orderly and regular migration; believes that parliament must ensure the proper scrutiny of the implementation of both compacts by the eu; ### 22. recalls the commitment of the eu and its member states under the global compact on refugees to share responsibility for the effective protection of refugees and ease the pressure on host countries; stresses in this regard that the eu and its member states should increase resettlement pledges and step up legal pathways , contribute to a more structural and substantial funding of the regions hosting most refugees , and should not use financial means to shift responsibility for the protection of refugees to third countries; calls on the eu and its member states for increasing resettlement allocations and for working to prevent forced refugee returns from hosting countries; reiterates the importance of fully implementing the 23 objectives of the global compact for safe , orderly and regular migration; believes that parliament must ensure the proper scrutiny of the implementation of both compacts by the eu;


### 23. calls for the eu and its member states to pursue a migration policy that fully reflects the human rights of migrants as enshrined in both international and regional law; calls on the eeas , the commission and the member states to engage with third countries on the rights of migrants as an integral dimension of the eu’s human rights policy; insists that the human rights and migration nexus be adequately covered within the framework of bilateral eu human rights dialogues with the relevant countries; calls on the eu delegations in those countries to monitor closely the rights of migrants , particularly in countries of transit; insists on the proactive engagement of the eu in countries where human rights defenders and civil society organisations , including those who are protecting the lives of migrants and asylum seekers who are at risk , are under threat or are being criminalised for their legitimate work; ### 23. calls for the eu and its member states to pursue a migration policy that fully reflects the human rights of migrants as enshrined in both international and regional law; calls on the eeas , the commission and the member states to engage with third countries on the rights of migrants as an integral dimension of the eu’s human rights policy; insists that the human rights and migration nexus be adequately covered within the framework of bilateral eu human rights dialogues with the relevant countries; calls on the eu delegations in those countries to monitor closely the rights of migrants , particularly in countries of transit; emphasizes the urgent need for safe and legal migration and protection routes to be created and promoted in order to guarantee human rights and avoid loss of life; insists on the proactive engagement of the eu in countries where human rights defenders and civil society organisations , including those who are protecting the lives of migrants and asylum seekers who are at risk , are under threat or are being criminalised for their legitimate work;


### a. whereas the eu is founded on the values of respect for human rights , democracy and the rule of law; whereas these values also guide the eu’s external action; ### a. whereas article 2 of teu states that the union is founded on the values of respect for human rights , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities; whereas these values should also be observed in the eu’s external action;


### a. whereas all persons , local communities or populations have the right to the full enjoyment of their human rights , as enshrined in the universal declaration of human rights; ### a. whereas all human beings are entitled to the full enjoyment of their human rights and fundamental freedoms without discrimination , as enshrined in the universal declaration of human rights and the charter of fundamental rights of the european union;


### b. whereas the eu is fighting climate change through ambitious policies at home and close cooperation with international partners; ### b. whereas the eu has a responsibility to fight human-induced climate change through ambitious policies at home and close cooperation with international partners; whereas the 2018 ipcc special report findings were alarming and pointed that unprecedented changes before the year 2030 are required;


### b. whereas the causal link between climate change and violations of the human rights of any population must be scientifically verified; ### deleted


### b. whereas the un , along with other international organisations and experts , is calling for global recognition of the right to a healthy environment; ### b. whereas the un , along with other international organisations and experts , is calling for global recognition of the right to a healthy environment as a fundamental and universal right;


### 1. acknowledges the role of human rights defenders and their legal representatives; deplores the fact that environmental defenders are facing threats of violence; ### 1. expresses its strong support to human rights defenders and their legal representatives; condemns the fact that environmental human rights defenders are facing repression , criminalisation and threats against their lives for their struggle in favour of their environment and community;


### 1. stresses that human rights and a healthy planet are mutually dependent; calls for the eu and its member states to act as a credible and reliable partner on the global stage through the adoption , strengthening and implementation of legislation aligned with a comprehensive human rights-based approach to climate action (hrba) , to guide policies and measures of climate change mitigation and adaptation while protecting the rights of all; ### 1. stresses that human rights and a healthy planet are mutually dependent , interconnected and interrelated; calls for the eu and its member states to act as a credible and reliable partner on the global stage through the adoption , strengthening and implementation of legislation aligned with a comprehensive human rights-based approach to climate action (hrba) , to guide policies and measures of climate change mitigation and adaptation while protecting the rights of all , and to call on the eu and its member states to encourage non-eu states to implement and adopt national measures aimed at addressing the consequences of climate change;


### 2. calls for the eu and its member states to protect freedom of expression and media freedom and pluralism and to ensure the safety and protection of journalists in external relations; ### 2. calls for the eu and its member states to protect freedom of expression and media freedom and pluralism and to ensure the safety and protection of journalists in the eu and in external relations; expresses its deep concern at the abuses , crimes and deadly attacks still being committed against journalists and media workers because of their activities;


### 2. recalls the obligation to respect the legal recognition of the right to a safe , clean , healthy and sustainable environment; recalls that international human rights law provides legal remedies to redress the damage caused by climate change , implement measures to combat climate change and hold states and businesses accountable for their activities which impact climate change and human rights; in this respect , calls on the eu to make the fight against impunity one of its key priorities; ### 2. recalls the obligation to respect the legal recognition of the right to a safe , clean , healthy and sustainable environment; recalls that international human rights law provides legal remedies to redress the damage caused by climate change , implement measures to combat climate change and hold states , businesses and individuals accountable for their activities which impact climate change and human rights; in this respect , calls on the eu to make the fight against impunity one of its key priorities by creating instruments which allows for a full , effective and sustained implementation of human rights and environmental laws and its enforcement;


### 3. supports the commission in strengthening democracy , the rule of law and human rights in the eu’s external action and in developing initiatives to combat organised crime , illegal land grabs and deforestation; strongly supports the development of stable institutions and enforceable justice and the promotion of good governance in the countries concerned; ### 3. calls on the commission in respecting fundamental rights in all eu's internal and external policy and in ensuring that the eu does not support initiatives and projects that would lead to illegal land grabs , illegal logging and deforestation , including mega-projects of multinational corporations that have a damaging impact on the environment;


### 4. reiterates its position that all relevant eu policies , instruments and tools , including trade agreements , as well as development aid and visa policies should be linked with cooperation and respect for the rule of law and the principles of good governance; believes that this cooperation should be based on the ‘more for more’ principle and that insufficient cooperation , intimidation , repression and violence against indigenous people and environmental defenders should result in a reduction in external aid and support , without affecting humanitarian aid; ### 4. calls on the commission to carry out a comprehensive human-rights and environmental review of all relevant eu policies , instruments and tools , including trade agreements , as well as development aid; calls on eu delegation in third countries to liaise closely with representatives of indigenous people and environmental defenders and support them through appropriate measures;


### 4. supports the mandate of the un special rapporteur on human rights and the environment to push for global recognition that every human being has the right to live in a safe , clean , healthy and sustainable environment; considers that this recognition should serve as a catalyst for stronger environmental policies and improved law enforcement , public participation in environmental decision-making , access to information and justice and better outcomes for people and planet; ### 4. supports the mandate of the un special rapporteur on human rights and the environment to push for global recognition of the right to live in a safe , clean , healthy and sustainable environment as a human , fundamental and universal right; considers that this recognition should serve as a catalyst for stronger environmental policies and improved law enforcement , public participation in environmental decision-making , access to information and justice and better outcomes for people and planet;


### 4. deems that the introduction of binding eu legislation on business due diligence can help improve the defence of human rights and compliance with environmental standards in the fight against climate change in developing countries; calls on the commission to continue working towards the approval of the un binding treaty for transnational corporations on human rights; ### 4. deems that the introduction of binding eu legislation on business due diligence can help improve the defence of human rights and compliance with environmental standards in the fight against climate change in developing countries; underlines the importance to includes in the new legislation a civil liability mechanism to provide access to justice and access to remedy for victims; calls on the commission to continue working towards the approval of the un binding treaty for transnational corporations on human rights;


### 5. calls for the eu and its member states to provide financial and technical assistance for indigenous people , refugees and displaced people in hosting communities; ### 5. calls for the eu and its member states to provide support to people who have been forced to move as a result of climate-induced displacement within a state or across an international border;


### 6. supports a human rights-based approach to migration governance in third countries and the strengthening of the capacity of states , civil society and un partners to implement this approach. ### deleted


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


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


### j. whereas climate justice aims at addressing the climate crisis using human rights law to bridge the accountability gap in climate governance , by using climate change litigation against states and corporate actors; ### j. whereas climate justice aims at addressing the climate crisis using human rights law to bridge the accountability gap in climate governance , by using climate change litigation for accountability at the state and corporate levels;


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


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


### n. whereas climate change is an increasingly important contributor to displacement and migration , both within nations and across international borders; whereas 80 % of people displaced by climate change are women , according to the undp; ### n. whereas climate change is an increasingly important contributor to displacement and migration , both within nations and across international borders; whereas since 2008 , an average of 24 million people have been displaced by catastrophic weather disasters each year and it is estimated that within three of the most vulnerable regions — sub-saharan africa , south asia and latin america — 143 million people could be displaced by these impacts by 2050; whereas 80 % of people displaced by climate change are women , according to the undp;


### o. whereas covid-19 restrictions and lockdowns have reduced transparency and monitoring of human rights violations , and have intensified political intimidation and digital surveillance , while limiting access to justice and the abilities of environmental defenders and local and indigenous communities to effectively participate in decision-making processes; whereas lockdowns of indigenous communities have limited their ability to patrol and protect their territories; ### o. whereas covid-19 restrictions and lockdowns have reduced transparency and monitoring of human rights violations , and have intensified political intimidation and digital surveillance , while limiting access to justice and the abilities of environmental defenders and local and indigenous communities to effectively participate in decision-making processes; whereas lockdowns of indigenous communities and sanitary measures have limited their ability to effectively participate in decision-making processes and to patrol and protect their territories; whereas such restrictions must be prescribed by law , pursuant to a legitimate and democratic aim;


### t. whereas violence against women environmental activists and defenders of environmental rights has become a well-documented trend; ### t. whereas violence against women environmental activists and defenders of environmental rights has become a well-documented issue of grave concern;


### 7. encourages the eu and the member states to take a bold initiative within the international criminal court (icc) in order to pave the way towards new negotiations between the parties with a view to recognising ‘ecocide’ as an international crime under the rome statute; ### 7. encourages the eu and the member states to propose an amendment to the rome statute to include “ecocide” as a fifth crime under the jurisdiction of the international criminal court and to include corporate criminal responsibility in its provisions;


### 11. acknowledges the impact of the nexus of climate change , environmental degradation and disasters on migration and displacement and regrets the lack of human rights safeguards and specific protections for environmentally displaced people at international level; calls on the commission and the member states to cooperate in the development of an international mechanism for addressing climate-induced displacement and migration at international forums and to address climate-induced displacement in related fields of the eu’s external action; insists on gender-based participation in fulfilling the rights of all individuals , notably those most vulnerable to the negative impacts of climate change such women , children , afro-descendent and indigenous communities , individuals subjected to discrimination , and persons often living in poor and remote areas; ### 11. acknowledges the impact of the nexus of climate change , environmental degradation and disasters on migration and displacement and regrets the lack of human rights safeguards and specific protections for environmentally displaced people at international level; strongly calls on the union and the member states to recognize “climate refugees” as a unique group of displaced individuals in need of special protection , thus providing the protection , legitimacy and urgency that climate refugees deserve; stresses the need to include climate refugees in the refugee status and in the common european asylum system;


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


### 17. recalls the obligation on states to protect environmental defenders from harassment , intimidation and violence , as enshrined in human rights law , as well as to guarantee their fundamental freedoms , and their obligation to recognise the rights of indigenous populations and local communities , and to acknowledge their contribution to the fight against biodiversity loss and environmental degradation; ### 17. recalls the obligation on states to protect environmental defenders from harassment , intimidation and violence , as enshrined in human rights law , as well as to guarantee their fundamental freedoms , and their obligation to recognise the rights of indigenous peoples and local communities , and to acknowledge their contributions and experiences to the fight against biodiversity loss and environmental degradation; and to recognise their specific role and expertise in land management and preservation;


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


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


### 32. acknowledges the active role and involvement of civil society , non-governmental organisations and environmental defenders in advocating for human rights-based approaches to climate action; stresses the need to guarantee civil society participation in the transparency framework laid out in article 13 of the paris agreement; ### 32. acknowledges the active role and involvement of civil society , non-governmental organisations and environmental defenders in advocating for human rights-based approaches to climate action and calls on the support and finance of such activities by the eu; stresses the need to guarantee civil society participation in the transparency framework laid out in article 13 of the paris agreement;


### 1. welcomes the commission’s efforts to assess and bridge gaps in the implementation of the eld across the member states; ### 1. welcomes the commission’s efforts to assess and bridge gaps in the implementation of the eld and the ecd across the member states;


### 2. considers that today’s environmental degradation has far-reaching consequences for a wide range of human rights; considers that prevention and criminal sanctions are important deterrents against environmental damage; ### 2. considers that today’s environmental degradation has far-reaching consequences for a wide range of human rights; considers that prevention and criminal sanctions are important deterrents against environmental damage; deplores that not all environmental crimes are currently recognised in europe as such , which leads to inadequate and low sanctions; stresses that both corporations and individuals should be held accountable for criminal violations of environmental law;


### 2. observes that the discretionary powers set out in the eld and the weak mechanisms for securing compliance and effective governance at national , regional and local level have led to implementation deficiencies , considerable variability between member states in the number of cases , and an uneven playing field for operators; is therefore of the opinion that additional efforts are required to ensure regulatory standardisation in the eu and increased public confidence in the effectiveness of eu laws; ### 2. deplores that the discretionary powers set out in the eld and the weak mechanisms for securing compliance and effective governance at national , regional and local level have led to implementation deficiencies , low detection , investigation , prosecution , and conviction rate for environmental damage -notably resulting in a lack of adequate compensation for the harm suffered by the victims of environmental degradation- , considerable variability between member states in the number of cases , and an uneven playing field for operators; deplores that such flaws also impact ecd implementation; is therefore of the opinion that additional efforts are required to ensure regulatory standardisation in the eu and increased public confidence in the effectiveness of eu laws;


### 2. observes that the discretionary powers set out in the eld and the weak mechanisms for securing compliance and effective governance at national , regional and local level have led to implementation deficiencies , considerable variability between member states in the number of cases , and an uneven playing field for operators; is therefore of the opinion that additional efforts are required to ensure regulatory standardisation in the eu and increased public confidence in the effectiveness of eu laws; ### 2. points out that the discretionary powers set out in the eld , the lack of awareness and information about the eld , insufficient resources and expertise and the weak mechanisms for securing compliance and effective governance at national , regional and local level have led to implementation deficiencies , considerable variability between member states in the number of cases , and an uneven playing field for operators; is therefore of the opinion that additional efforts are required to ensure regulatory standardisation in the eu and increased public confidence in the effectiveness of eu laws;


### 3. deplores the lack of effective implementation of eu directives that aim to establish criminal liability of legal persons for environmental offences1 ; stresses the urgent need to update such legislation; calls on the commission and the member states to allocate appropriate financial and human resources to preventing , investigating and prosecuting environmental crimes; ### 3. deplores the lack of effective implementation of eu directives that aim to establish the liability of legal persons for environmental offences1 , including criminal liability ; stresses the urgent need to update such legislation; calls on the commission and the member states to allocate appropriate financial and human resources to preventing , investigating and prosecuting environmental crimes , as well as to ensure a high level of specialisation of the authorities involved; reiterates the crucial importance of ensuring effective enforcement of existing legislation;


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


### 4. regrets that in many member states , the budgets of environmental inspectorates have stagnated or decreased due to the financial crisis and that even large , well-resourced authorities can find it difficult to independently develop knowledge of the best ways to ensure compliance; is thus of the opinion that stronger support at eu level is needed , for example through accessible information portals , commonly used networks (eu networks for practitioners) , best practice information and guidance , additional training programmes , training materials and guidance on skills , as this could increase the pressure on ‘black sheep’ companies and benefit companies that respect the law; ### 4. regrets that in many member states , the budgets of environmental inspectorates have stagnated or decreased due to the financial crisis and that even large , well-resourced authorities can find it difficult to independently develop knowledge of the best ways to ensure compliance; is thus of the opinion that stronger support at eu level is needed and , therefore , calls on the commission to support member states in the development of tools for operators , competent authorities , civil society organisations and insurers , for example through accessible information portals , commonly used networks (eu networks for practitioners) , best practice information and guidance , additional training programmes , training materials and guidance on skills , as this could increase the pressure on ‘black sheep’ companies , benefit companies that respect the law and would enable stakeholders , operators and the public to become more aware of the existence of the eld regime and its enforcement and thus contribute to better prevention and remediation of environmental damages;


### 4. regrets that in many member states , the budgets of environmental inspectorates have stagnated or decreased due to the financial crisis and that even large , well-resourced authorities can find it difficult to independently develop knowledge of the best ways to ensure compliance; is thus of the opinion that stronger support at eu level is needed , for example through accessible information portals , commonly used networks (eu networks for practitioners) , best practice information and guidance , additional training programmes , training materials and guidance on skills , as this could increase the pressure on ‘black sheep’ companies and benefit companies that respect the law; ### 4. regrets that in many member states , the budgets of environmental inspectorates have stagnated or decreased due to the financial crisis and that even large , well-resourced authorities can find it difficult to independently develop knowledge of the best ways to ensure compliance; regrets that the reduction of inspections has also concerned the safety of offshore oil and gas operations directive and might occur in other cases when environmental damages can be extensively dangerous9a , is thus of the opinion that stronger support at eu level is needed , for example through accessible information portals , commonly used networks (eu networks for practitioners) , best practice information and guidance , additional training programmes , training materials and guidance on skills , as this could increase the pressure on ‘black sheep’ companies and benefit companies that respect the law;


### 5. recognises the direct or indirect connection between environmental offences and transnational organised crime and corruption2 ; ### 5. recognises the direct or indirect connection between environmental offences and transnational organised crime and corruption2 ; urges , therefore , eu and member states to provide competent authorities with adequate investigative powers to tackle environmental crimes


### 5. takes the view that one of the various causes of the insufficient harmonisation of the eld is the failure to provide for the application of a standard administrative procedure for notifying competent authorities of imminent threats of or actual environmental damage; regrets therefore that there is no obligation to publish such notifications or information about how cases are dealt with; notes that some member states have identified this limitation in their national legislation and have consequently set up databases for notifications , incidents and cases; points out , however , that the practice varies greatly from member state to member state and is rather limited; ### 5. takes the view that one of the various causes of the insufficient harmonisation of the eld is the failure to provide for the application of a standard administrative procedure for notifying competent authorities of imminent threats of or actual environmental damage; regrets therefore that there is no obligation to publish such notifications or information about how cases are dealt with; notes that some member states have identified this limitation in their national legislation and have consequently set up databases for notifications , incidents and cases; points out , however , that the practice varies greatly from member state to member state and is rather limited; stresses that , the revised eld should ensure that entities operating in the public interest , including ngos and affected communities , have a full access to information and data and can play an effective role in commencing and pursuing environmental liability actions in the eu;


### 6. calls on the commission , europol and eurojust to provide support and a more institutionalised structure for existing networks of practitioners; ### 6. calls on the commission , europol and eurojust to provide operational support and a more effective and institutionalised structure for existing networks of practitioners;


### 6. points out that reliable data on environmental incidents giving rise to the application of the eld or other administrative , civil or criminal instruments should be collected in order to establish whether a combination of different legal instruments could adequately respond to environmental harm , or whether serious gaps still exist that need to be remedied; ### 6. reiterates that reliable data on environmental incidents giving rise to the application of the eld or other administrative , civil or criminal instruments should be collected and should be made public in order to establish whether a combination of different legal instruments could adequately respond to environmental harm , or whether serious gaps still exist that need to be remedied; asks for the establishment of a european register of cases of environmental damage governed by the eld and calls the commission and all the member states to develop public available databases for reporting on eld cases in order to create better trust in the eld system and better implementation;


### 6. points out that reliable data on environmental incidents giving rise to the application of the eld or other administrative , civil or criminal instruments should be collected in order to establish whether a combination of different legal instruments could adequately respond to environmental harm , or whether serious gaps still exist that need to be remedied; ### 6. points out that reliable data , notably on the number of environmental full time staff available to inspect and monitor , on the number of environmental incidents giving rise to the application of the eld or other administrative , civil or criminal instruments , and on the remedies given , should be collected in order to establish whether a combination of different legal instruments could adequately respond to environmental harm , or whether serious gaps still exist that need to be remedied; stresses that these data should also be made public;


### 7. underlines that in almost all eld cases , operators cooperate with administrative authorities to work towards remediation; notes , however , that the average cost of remedial action is eur 42 00019 , but that costs were substantially higher in a few significant cases; regrets therefore that in those cases , cost recovery was impossible due to the operator’s insolvency , and that as a result , costs had to be covered by the state , and indirectly the taxpayer , a phenomenon that has to be avoided in the future; ### 7. underlines that in eld cases , most operators cooperate with administrative authorities to work towards remediation; notes , however , that the average cost of remedial action is eur 42 000 , but that costs were substantially higher in a few significant cases; regrets therefore that in those cases , cost recovery was impossible due to the operator’s insolvency , and that as a result , costs had to be covered by the state , and indirectly the taxpayer , a phenomenon that has to be avoided in the future; therefore calls on the commission to impose in the revised eld regime mandatory financial guarantees on all companies conducting activities implying environmental risks;


### 8. calls on the commission and the member states to set up protection and support schemes for the victims of environmental damage and to ensure their full access to justice , information and compensation; emphasises the key role of environmental ngos in raising awareness and taking legal action and calls on the commission and the member states to provide them with the appropriate financial support. ### 8. calls on the commission and the member states to set up protection and support schemes for the victims of environmental damage and to ensure their full access to justice , information and compensation , especially for those who have to migrate as a consequence of an environmental damage; emphasises the key role of environmental ngos in raising awareness and taking legal action and calls on the commission and the member states to provide them with the appropriate financial support; reiterates the importance to enable individuals or environmental ngos to seek remedies and injunctive reliefs if public authorities fail to act to address environmental violations.


### 8. calls for the eld to be revised as soon as possible and to be transformed into a fully harmonised regulation in order to achieve a level playing field for eu industry; ### 8. urges the commission to present a revised accelerated legislative calendar both for the revision of the eld and of the ecd; considers that the eld should be transformed into a fully harmonised regulation in order to achieve a level-playing field for eu industry and a high level of protection of the environment pursuant to art. 191 tfeu;


### a. whereas the eu’s coordinated environmental strategy encourages cooperation and ensures that eu policies are consistent with each other; ### a. whereas the eu’s coordinated environmental strategy encourages cooperation and ensures that eu policies are consistent with each other; whereas the european green deal sets the ambition of zero-pollution , to be delivered through a cross cutting strategy to protect citizens’ health from environmental degradation and pollution while at the same time calls for a just transition that leaves nobody behind;


### b. whereas the eld coexists with other liability instruments and provisions , both at eu and member state level; whereas incidents that give rise to eld liabilities may trigger criminal , civil or administrative proceedings in parallel; ### b. whereas the eld coexists with other liability instruments and provisions , both at eu and member state level; whereas incidents that give rise to eld liabilities may trigger criminal , civil or administrative proceedings in parallel; whereas the eld itself leaves room for a broad harmonised scope of liable persons which ultimately contradicts the full application of a strict liability regime according to the polluter pays principle under article 191 tfeu;


### c. whereas the eld complements main pieces of eu environmental legislation , to which it is directly or indirectly linked , in particular the habitat directive9 , the birds directive10 , the water framework directive11 , the marine strategy framework directive12 and the offshore safety directive13 ; ### c. whereas the eld established ‘a framework of environmental liability based on the ‘polluter pays’ principle , to prevent and remedy environmental damage; whereas the eld complements main pieces of eu environmental legislation , to which it is directly or indirectly linked , in particular the habitat directive9 , the birds directive10 , the water framework directive11 , the marine strategy framework directive12 and the offshore safety directive13;


### c. whereas the eld complements main pieces of eu environmental legislation , to which it is directly or indirectly linked , in particular the habitat directive9 , the birds directive10 , the water framework directive11 , the marine strategy framework directive12 and the offshore safety directive13 ; ### c. whereas the eld , which established a framework of environmental liability based on the polluter-pays principle to prevent and remediate environmental damage , complements main pieces of eu environmental legislation , to which it is directly or indirectly linked , in particular the habitat directive9 , the birds directive10 , the water framework directive11 , the marine strategy framework directive12 and the offshore safety directive13;


### e. whereas it appears that the majority of member states do not provide for mandatory financial security instruments in their legislation , but several countries do require them15 ; ### e. whereas it appears that the majority of member states do not provide for mandatory financial security instruments in their legislation , but several countries do require them15; whereas , where implemented , these instruments seem to have proved their worth , showing the interest of an harmonised mandatory financial security regime at eu level;


### f. whereas although sufficient insurance cover is available in most markets , including for complementary and compensatory remediation , demand is generally low due to a lack of reported incidents , sub-optimal enforcement and slower developments in emerging markets16 ; ### f. whereas although sufficient insurance cover is available in most markets , including for complementary and compensatory remediation , demand is generally low due to a lack of reported incidents , sub-optimal enforcement and slower developments in emerging markets16; whereas this as such does not form an obstacle to introducing mandatory financial guarantees;


### g. whereas operator insolvency as a consequence of major accidents remains a problem in the eu; ### g. whereas operator insolvency as a consequence of major accidents remains a problem in the eu; whereas shareholders may indeed use the corporate veil in order to abuse their limited liability to invest in hazardous industries through separate legal entities in order to externalise environmental costs; whereas it is unacceptable that public authorities and victims often have to bear significant financial costs derived from companies’ environmental misconducts;


### g. whereas operator insolvency as a consequence of major accidents remains a problem in the eu; ### g. whereas operator insolvency as a consequence of major accidents remains a problem in the eu , thereby resulting in the disregard for the “’polluter pays’ principle;


### h. whereas in some cases , corporate board members are aware of activities with a high risk of causing environmental damage , but put profit above responsible behaviour; ### h. whereas in some cases , corporate board members and top executives are aware of and therefore make the conscious choice of launching , conducting or financing activities with a high risk of causing environmental damage , thereby putting short-term profit above responsible behaviour towards ecosystems , future generations and society as a whole;


### 9. is of the opinion that enforcement should be harmonised and that an eu eld task force made up of highly qualified experts and commission officials should be created to support the member states , upon request , with the implementation and enforcement of the directive on the one hand , and to support and advise victims of environmental damage on the available options for legal action at eu level on the other (comparable to solvit); ### 9. is of the opinion that enforcement should be harmonised and that an eu eld task force made up of highly qualified experts and commission officials should be created to support the member states , upon request , with the implementation and enforcement of the directive on the one hand , and to support and advise victims of environmental damage on the available options for legal action at eu level on the other (comparable to solvit); further calls on the commission to assess the possibility of establishing an eu-based agency vested with monitoring and enforcement powers , in order to enhance legal certainty for operators , enhance uniform implementation of the eu environmental liability regime and deter incorrect application thereof across member states;