### 3. welcomes the finding by the court that the simplified financing scheme , in place since early 2018 , covering the deployment of human resources , seems to be contributing to a reduced administrative workload , increased simplification and better monitoring of grants; regrets , however , the finding by the court that reimbursements of equipment-related expenditure (some 35 % of the agency’s operational expenditure in 2018 , amounting to eur 64 million) are still based on actual cost and as such , more prone to errors and that the intention to move to a unit cost-based scheme for reimbursements for this type of cost , has so far , been unsuccessful in its current form; notes the court’s finding that the agency has taken steps to improve the ex-ante verifications and that the agency re-introduced ex post verifications on reimbursements in 2019 , in line with the court’s recommendations made in previous years; ### 3. notes the finding by the court that despite the fact that the simplified and transparent financing scheme , in place since early 2018 , covering the deployment of human resources , which should contribute to a reduced administrative workload , increased simplification and better monitoring of grants , the ex-ante verifications were ineffective; further notes the court’s recommendation that the agency should work on the development of a simplified and transparent financing scheme that also covers equipment-related costs; regrets the finding by the court that , in 2019 , the agency managed grant agreements with cooperating countries for operational activities amounting to 183 million euros representing 55 % of the agency's budget , and that reimbursements of equipment-related expenditure (some 35 % of the agency’s operational expenditure in 2018 , amounting to eur 64 million) are still based on actual cost and as such , more prone to errors and that the intention to move to a unit cost-based scheme for reimbursements for this type of cost , has so far , been unsuccessful in its current form; notes the court’s finding that the agency has taken steps to improve the ex-ante verifications and that the agency re-introduced ex post verifications on reimbursements in 2019 , in line with the court’s recommendations made in previous years;


### b. whereas the court of auditors (the ‘court’) , in its report on the annual accounts of the agency for the financial year 2019 (the ‘court's report’) , states that it has obtained reasonable assurance that the agency’s annual accounts are reliable and that the underlying transactions are legal and regular; ### b. whereas the court of auditors (the ‘court’) , in its report on the annual accounts of the agency for the financial year 2019 (the ‘court's report’) , states that it has obtained reasonable assurance that the agency’s annual accounts are reliable and that the underlying transactions are legal and regular; whereas the court recently launched an audit to examine whether the agency has so far provided effective support to member states in the implementation of european integrated border management which will be finalized in 2021;


### 4. notes that the agency uses certain measures as key performance indicators to assess the added value provided by its activities and also uses other measures to improve its budget management , such as satisfaction level by online survey , late payment evaluation and vacancy rate; ### 4. notes that the agency uses certain measures as key performance indicators to assess the added value provided by its activities and also uses other measures to improve its budget management , such as satisfaction level by online survey , late payment evaluation and vacancy rate; calls on the agency to clarify why “refusal of entry” is part of the key performance indicators;


### 10. notes from the court’s report that in 2019 , the agency continued to recruit new staff in line with its enlarged mandate , with an intake for the year of 218 newcomers; notes that , although the recruitment procedure is deemed successful , the agency should improve the guidance given to selection committee members and verify more closely candidates’ financial entitlements for the salary payments; notes from the agency’s reply that the agency organises training for selection committee members to ensure they have proper knowledge to fulfil their role , respecting the margin of discretion and independence every selection committee holds; furthermore , the rights and entitlements established for staff members were communicated on 6 february 2020 , after the payroll was published and executed; notes that newcomers’ salaries are checked against the decisions and , where discrepancies are discovered , the newcomer must be informed by the twelfth day of the month; ### 10. notes from the court’s report that in 2019 , the agency continued to recruit new staff in line with its enlarged mandate , with an intake for the year of 218 newcomers; notes that the agency should improve the guidance given to selection committee members and verify more closely candidates’ financial entitlements for the salary payments; deplores the fact that the audit also found that the agency had modified the contractual arrangements at a very late stage of a project to cover reconstruction works carried out on the agency’s premises; notes from the agency’s reply that the agency organises training for selection committee members to ensure they have proper knowledge to fulfil their role , respecting the margin of discretion and independence every selection committee holds; furthermore , the rights and entitlements established for staff members were communicated on 6 february 2020 , after the payroll was published and executed; notes that newcomers’ salaries are checked against the decisions and , where discrepancies are discovered , the newcomer must be informed by the twelfth day of the month;


### 10. notes that the commission and the agency accepted or partially accepted , all recommendations of the court and calls on the budgetary authority to look into the possibility to put a part of the agency’s future budget appropriations in a reserve that can be made available when milestones in the implementation of the court’s recommendations are met; ### 10. notes that the commission and the agency accepted or partially accepted , all recommendations of the court and calls on the budgetary authority to put a part of the agency’s future budget appropriations in a reserve that can be made available when milestones in the implementation of the court’s recommendations are met;


### 13. acknowledges the agency’s existing measures and ongoing efforts to secure transparency , prevention and management of conflicts of interest , and whistleblower protection; notes that the whistleblowing policy was adopted on 18 july 2019 and entered into force on 1 august 2019; notes that not all management board member cvs and declarations of interest are published on the agency’s website; calls on the agency , with the aim of increasing transparency , to publish the cvs and declarations of interest for all members of its management board , the executive director , and the deputy executive director; ### 13. notes the agency’s existing measures regarding transparency , prevention and management of conflicts of interest , and whistleblower protection; notes that the whistleblowing policy was adopted on 18 july 2019 and entered into force on 1 august 2019; notes that not all management board member cvs and declarations of interest are published on the agency’s website; calls on the agency , with the aim of increasing transparency , to publish the cvs and declarations of interest for all members of its management board , the executive director , and the deputy executive director;


### 13. recalls the establishment of the frontex scrutiny working group by parliament’s committee on civil liberties , justice and home affairs; notes that the frontex scrutiny working group published its report on the fact-finding investigation on frontex concerning alleged fundamental rights violations on 14 july 2021; notes that the frontex scrutiny working group found no proof of the agency’s involvement in alleged illegal pushbacks; ### 13. recalls the establishment of the frontex scrutiny working group by parliament’s committee on civil liberties , justice and home affairs; notes that the frontex scrutiny working group published its report on the fact-finding investigation on frontex concerning alleged fundamental rights violations on 14 july 2021; notes with concern its general conclusions that the agency generally disregarded reports of fundamental rights violations at the border in a number of member states and found evidence in support of allegations of fundamental rights violations in member states with which it had a joint operation , but failed to adequately respond and as a result did not prevent these violations , nor reduced the risk of future fundamental rights violations; calls on the agency to provide a detailed report to parliament with its plans to implement the recommendations made by the frontex scrutiny working group and its progress made;


### 19. notes that all four pending legal cases reached a resolution by the end of 2019 and that for all of the cases the result was in the agency’s favour and the legal costs that were borne by the agency are to be recovered; ### 19. notes that all four pending legal cases reached a resolution by the end of 2019 and that for all of the cases the result was in the agency’s favour; is deeply concerned that the agency has ordered to recover legal fees in the amount of eur 23.700 from two individuals in the general court case t-31/18 regarding requests for access to documents; highlights that charging civil society with excessively high legal fees has a chilling effect on civil society’s access to justice in the field of access to documents which is a fundamental right laid down in article 42 of the charter of fundamental rights of the european union (the 'charter') and undermines their right to an effective remedy under article 47 of the charter; calls on the agency to withdraw its demand for recovering of the costs in this case and to refrain from seeking to recover the costs of external lawyers from applicants in court cases based on access to information requests in the future;


### 6. notes the court’s special report 08/2021 entitled ‘frontex’s support to external border management: not sufficiently effective to date’; notes the court’s conclusion that the agency’s support to member states and schengen associated countries in fighting against illegal immigration and cross-border crime is not sufficiently effective and that the agency has not fully implemented its mandate under regulation (eu) 2016/16243 ; notes further that the court highlighted risks related to the agency’s mandate under regulation (eu) 2019/18964 ; ### 6. notes the court’s special report 08/2021 entitled ‘frontex’s support to external border management: not sufficiently effective to date’; notes with regret the shortcomings detected with respect to the agency’s primary activities as listed by the court , which are: situation monitoring , risk analysis , vulnerability assessment , joint operations and rapid border interventions , return operations and frontex's training and that the agency has not fully implemented its mandate under regulation (eu) 2016/16243 ; notes further that the court highlighted risks related to the agency’s mandate under regulation (eu) 2019/18964 ; deeply regrets the lack of needs and impact assessments prior to the exponential increase in the agency’s resources; urges the agency to diligently and timely resolve outstanding issues in order to properly exercise the agency’s mandate; notes that an analysis of respect for fundamental rights by the agency was not included in the scope of the court’s special report; asks the court to carry out such a specific audit;


### 7. notes the court’s conclusion that although a functional information exchange framework is in place to support the fight against illegal immigration , it did not function well enough to provide accurate , complete and up-to-date situational awareness of the union’s external borders; notes that the agency dispatches timely and relevant migration information about the situation at the external borders and provides information about specific events; notes , however , some drawbacks as far as external border control is concerned , such as the lack of information , technical standards for border control equipment , a common catalogue for cross-border crime reporting , and near-real-time information about the situation at the union’s air borders , and delays in updating the common integrated risk analysis model; ### 7. notes with concern the court’s conclusion that although a functional information exchange framework is in place to support the management of irregular immigration , it did not function well enough to provide accurate , complete and up-to-date situational awareness of the union’s external borders; notes that the agency dispatches timely and relevant migration information about the situation at the external borders and provides information about specific events; notes , however , some drawbacks as far as external border control is concerned , such as the lack of information , technical standards for border control equipment , a common catalogue for cross-border crime reporting , and near-real-time information about the situation at the union’s air borders , and delays in updating the common integrated risk analysis model; reiterates the discharge authority’s call expressed in previous discharge report on the agency to improve monitoring and reporting regarding the situation and incidents on the union’s borders , also in the context of potential human rights violations;


### 14. notes that the agency’s fundamental rights officer took office on 1 june 2021; notes the statements of the agency’s executive director that the recruitment of a first batch of 20 fundamental rights monitors is completed , with the fundamental rights monitors starting their training from 1 june 2021 , and that the appointment of a second batch of 20 fundamental rights monitors is ongoing; further notes the statement that of those 20 fundamental right monitors , five have been appointed at ad level and fifteen at ast level; reiterates that regulation (eu) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors and insists that the agency swiftly appoints the remaining 20 fundamental rights monitors; notes the agency’s statement that those remaining 20 fundamental rights monitors will be recruited from an established ad 7 reserve list , once additional ad7 posts have been allocated to the agency; ### 14. notes that the agency’s fundamental rights officer took office on 1 june 2021; acknowledges the statements of the agency’s executive director that the recruitment of a first batch of 20 fundamental rights monitors is completed , with the fundamental rights monitors starting their training from 1 june 2021 , and that the appointment of a second batch of 20 fundamental rights monitors is ongoing; expresses its concern that of those 20 fundamental right monitors , five have been appointed at ad level and fifteen at ast level; highlights that it was required of the agency to engage all 40 fundamental rights monitors at an ad level , in order to ensure acquisition of best set of skills and ensure proper deployment to operations; takes note of the strong disapproval by the fswg of the unnecessary delay in the recruitment of the fundamental rights monitors caused by the executive director , reiterates that regulation (eu) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors and insists that the agency appoints the remaining 20 fundamental rights monitors without further and undue delay; notes the agency’s statement that those remaining 20 fundamental rights monitors will be recruited from an established ad7 reserve list , once additional ad7 posts have been allocated to the agency;


### 1. takes note of the commission’s intention to develop guidelines for the application of the regulation; reiterates once again its view that the text of the regulation is clear and does not require any additional interpretation in order to be applied; ### 1. takes note of the commission’s intention to develop guidelines for the application of the regulation; reiterates once again its view that the text of the regulation is clear and does not require any additional interpretation in order to be applied; further stresses that the legislators have not conferred implementing or executive powers to the commission to precise the application of the regulation;


### 1. takes note of the commission’s intention to develop guidelines for the application of the regulation; reiterates once again its view that the text of the regulation is clear and does not require any additional interpretation in order to be applied; ### 1. regrets the commission’s intention to develop guidelines for the application of the regulation; reiterates once again its view that the text of the regulation is clear and does not require any additional interpretation in order to be applied;


### a. whereas the regulation entered into force on 1 january 2021 and has been binding in its entirety and directly applicable in all member states since that date; ### a. whereas the regulation entered into force on 1 january 2021 and has been binding in its entirety and directly applicable in all member states since that date to all payments made since the entry into force of the regulation;


### b. whereas the commission declared that it would develop guidelines for the application of the regulation; ### b. whereas the commission decided to abide by the non-binding european council conclusions of december 2020 and declared that it would develop guidelines for the application of the regulation;


### 2. highlights that guidelines are not legally binding; notes that the commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance; ### 2. highlights that guidelines are not legally binding and by no means could delay the application of the regulation already in force; notes that the commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance;


### 2. highlights that guidelines are not legally binding; notes that the commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance; ### 2. highlights that guidelines are not legally binding; deplores that the commission is deviating from its usual practice of drafting guidelines for the application of a legal act only in cases where the actual implementation of the act over a certain period of time shows the need for guidance;


### 4. urges the commission to avoid any further delay in the application of the regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the member states that affect or seriously risk affecting the sound financial management of the union budget or the protection of the financial interests of the union in a sufficiently direct way; reiterates that the situation in some member states already warrants immediate investigation under the regulation; ### 4. stresses that measures under the regulation are necessary in particular in cases where other procedures set out in union legislation would not allow the union budget to be protected more efficiently; therefore urges the commission to avoid any further delay in the application of the regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the member states that affect or seriously risk affecting the sound financial management of the union budget or the protection of the financial interests of the union in a sufficiently direct way; reiterates that the situation in some member states already warrants immediate investigation under the regulation , in particular member states already under the procedure of article 7 teu;


### 4. urges the commission to avoid any further delay in the application of the regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the member states that affect or seriously risk affecting the sound financial management of the union budget or the protection of the financial interests of the union in a sufficiently direct way; reiterates that the situation in some member states already warrants immediate investigation under the regulation; ### 4. deplores the time wasted by the commission since the entry into force of the regulation; urges the commission to act without any further delay in the application of the regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the member states that affect or seriously risk affecting the sound financial management of the union budget or the protection of the financial interests of the union in a sufficiently direct way; reiterates that the situation in some member states already warrants immediate investigation under the regulation;


### 4. urges the commission to avoid any further delay in the application of the regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the member states that affect or seriously risk affecting the sound financial management of the union budget or the protection of the financial interests of the union in a sufficiently direct way; reiterates that the situation in some member states already warrants immediate investigation under the regulation; ### 4. urges the commission to avoid any further delay in the application of the regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the member states that affect or seriously risk affecting the sound financial management of the union budget or the protection of the financial interests of the union in a sufficiently direct way; reiterates that the situation in some member states already warrants immediate investigation under the regulation and stresses the preventive aspect of the conditionality mechanism and the fact that it can serve as an ex-ante instrument;


### 5. asks the commission to report to parliament on a quarterly or semi-annual basis regarding new and ongoing cases under investigation , starting as soon as possible with the first cases; ### 5. requests the commission to report to parliament on a quarterly or semi-annual basis regarding new and ongoing cases under investigation , starting as soon as possible with the first cases;


### 7. draws particular attention to the list of indicative breaches of the principles of the rule of law laid down in article 3 of the regulation; calls on the commission to investigate potential occurrences of the breaches included in that list in the member states , while pointing out that other practices or omissions by public authorities may also be relevant; ### 7. draws particular attention to the list of indicative breaches of the principles of the rule of law laid down in article 3 of the regulation; urges the commission to investigate potential occurrences of the breaches included in that list in the member states , while pointing out that other practices or omissions by public authorities may also be relevant;


### 8. recalls that identification of breaches of the principles of the rule of law requires objective , impartial , fair and thorough qualitative assessment by the commission , taking into account relevant information from available sources and recognised institutions; ### 8. recalls that identification of breaches of the principles of the rule of law requires objective , impartial , fair and thorough qualitative assessment by the commission , taking into account relevant information from available sources and recognised institutions; especially underlines the need to take into account final judgments of national , international and european courts , such as the european court of human rights and the court of justice; calls on the commission to include in its annual rule of law report a dedicated section with an analysis of cases where breaches of the principles of the rule of law in a particular member state could affect or seriously risk affecting the sound financial management of the union budget in a sufficiently direct way and to establish a systematic relationship between these two separate tools;


### 8. recalls that identification of breaches of the principles of the rule of law requires objective , impartial , fair and thorough qualitative assessment by the commission , taking into account relevant information from available sources and recognised institutions; ### 8. recalls that identification of breaches of the principles of the rule of law requires objective , impartial , fair and thorough qualitative assessment by the commission , taking into account relevant information from available sources and recognised institutions; in particular , calls on the commission to take materials from eu bodies , such as the court of justice of the european union , the court of auditors , the commission’s annual rule of law report and eu justice scoreboard , the european anti-fraud office (olaf) and the european public prosecutor’s office (eppo) , or from international organisations , such as the council of europe;


### 8. recalls that identification of breaches of the principles of the rule of law requires objective , impartial , fair and thorough qualitative assessment by the commission , taking into account relevant information from available sources and recognised institutions; ### 8. recalls that identification of breaches of the principles of the rule of law requires objective , impartial , fair and thorough qualitative assessment by the commission , taking into account relevant information from available sources and recognised institutions , including information in the public domain and from fact-based investigative journalism;


### 10. emphasises the clear link between respect for the rule of law and the efficient implementation of the union budget in accordance with the principles of sound financial management: economy , efficiency and effectiveness; ### 10. emphasises the clear link between respect for the rule of law and the efficient implementation of the union budget in accordance with the principles of sound financial management: economy , efficiency and effectiveness; recalls that according to article 5 of the regulation , ‘the commission shall verify whether applicable law has been complied with and , where necessary , take all appropriate measures to protect the union budget’;


### 11. recalls that measures under the regulation are necessary in particular in cases where other procedures set out in sector-specific or financial legislation would not allow the union budget to be protected more effectively; stresses that this does not mean that the regulation is to be considered as a ‘last resort’ , but rather that the commission can use a wide range of procedures to protect the union’s financial interests , to be chosen on a case-by-case basis depending on their efficiency and effectiveness; ### 11. recalls that measures under the regulation are necessary in particular in cases where other procedures set out in article 7 teu , in the common provision regulation (cpr) , in the financial regulation or in other sector-specific legislation would not allow the union budget to be protected more effectively; stresses that this does not mean that the regulation is to be considered as a ‘last resort’ , but rather that the commission can use a wide range of procedures to protect the union’s financial interests , to be chosen on a case-by-case basis depending on their efficiency and effectiveness;


### 11. recalls that measures under the regulation are necessary in particular in cases where other procedures set out in sector-specific or financial legislation would not allow the union budget to be protected more effectively; stresses that this does not mean that the regulation is to be considered as a ‘last resort’ , but rather that the commission can use a wide range of procedures to protect the union’s financial interests , to be chosen on a case-by-case basis depending on their efficiency and effectiveness; ### 11. recalls that measures under the regulation are necessary in particular in cases where other procedures set out in sector-specific or financial legislation would not allow the union budget to be protected effectively enough; stresses that this does not mean that the regulation is to be considered as a ‘last resort’ , but rather that the commission can use a wide range of procedures to protect the union’s financial interests in the most effective and efficient manner , to be chosen on a case-by-case basis , and in parallel if needed , depending on their efficiency and effectiveness;


### 12. points out that the regulation covers all union funds and applies to ‘systemic’ breaches as well as to cases of serious risk to the sound financial management of the union budget or the protection of the financial interests of the union , which may be difficult to address by other union procedures that only apply to specific spending programmes and relate to effects on the budget that have already occurred; ### 12. points out that the regulation covers all union funds and applies to ‘systemic’ breaches as well as to cases of serious risk to the sound financial management of the union budget or the protection of the financial interests of the union , which may be difficult to address by other union procedures that only apply to specific spending programmes and relate to effects on the budget that have already occurred; underlines that the regulation is the only eu legislation linking the respect of the rule of law to the eu budget; considers , therefore , that its unique provisions should be fully applied to ensure a complementary protection of the rule of law in addition to eu finances;


### 12. points out that the regulation covers all union funds and applies to ‘systemic’ breaches as well as to cases of serious risk to the sound financial management of the union budget or the protection of the financial interests of the union , which may be difficult to address by other union procedures that only apply to specific spending programmes and relate to effects on the budget that have already occurred; ### 12. points out that the regulation covers all union funds and applies also to ‘systemic’ breaches as well as to cases of serious risk to the sound financial management of the union budget or the protection of the financial interests of the union , which may be difficult to address by other union procedures that only apply to specific spending programmes and relate to effects on the budget that have already occurred;


### 13. underlines that ‘systemic’ breaches , for instance those affecting the functioning of the justice system , the independence of judges or the neutrality of public authorities , have in general a clear indirect impact on the proper management , spending and control of union funds; ### 13. underlines that ‘systemic’ breaches , for instance those affecting the functioning of the justice system , the independence of judges and the judiciary or the neutrality of public authorities , and in particular , the proper functioning of public entities with a mandate to prevent and fight corruption , fraud , tax evasion and conflict of interest have in general a clear indirect impact on the proper management , spending and control of union funds;


### 13. underlines that ‘systemic’ breaches , for instance those affecting the functioning of the justice system , the independence of judges or the neutrality of public authorities , have in general a clear indirect impact on the proper management , spending and control of union funds; ### 13. underlines that ‘systemic’ breaches , for instance those affecting the functioning of the justice system , the independence of judges and media or the neutrality of public authorities , have in general a clear and direct impact on the proper management , spending and control , including civilian oversight , of union funds;


### 13. underlines that ‘systemic’ breaches , for instance those affecting the functioning of the justice system , the independence of judges or the neutrality of public authorities , have in general a clear indirect impact on the proper management , spending and control of union funds; ### 13. underlines that ‘systemic’ breaches , for instance those affecting the functioning of the justice system , the independence of judges or the neutrality of public authorities , have in general a clear and direct impact on the proper management , spending and control of union funds;


### 14. recalls that article 6 of the regulation sets out all steps and a precise timeline for the adoption of measures under the regulation; underlines that the procedure for adopting and lifting measures respects the principles of objectivity , non-discrimination and equal treatment of member states and is to be conducted using a non-partisan and evidence-based approach; ### 14. recalls that articles 6 and 7 of the regulation sets out all steps and a precise timeline for the adoption and lifting of measures under the regulation; underlines that the procedure for adopting and lifting measures respects the principles of objectivity , non-discrimination and equal treatment of member states and is to be conducted using a non-partisan and evidence-based approach;


### 15. recalls that the council is bound to act upon any proposal of the commission to adopt appropriate measures under the regulation within a period of one month , which may be extended by a maximum of two additional months in exceptional circumstances; ### 15. recalls that the council is bound to act upon any proposal of the commission to adopt appropriate measures under the regulation within a period of one month , which may be extended by a maximum of two additional months in exceptional circumstances; considers that the commission should ensure that these time references are fully respected for a timely decision;


### 16. recalls that measures taken under the regulation should be proportionate , in the light of the actual or potential impact on the sound financial management of the union budget or the financial interests of the union , taking into account the nature , duration , gravity and scope of the breaches of the principles of the rule of law; considers that , in general , the seriousness of that impact will reflect the seriousness of the breaches; ### 16. recalls that measures taken under the regulation should be proportionate , in the light of the actual or potential impact on the sound financial management of the union budget or the financial interests of the union , taking into account the nature , duration , gravity and scope of the breaches of the principles of the rule of law; underlines the need to take into account the degree of cooperation of the member state concerned , or its refusal to cooperate sincerely with the commission in the context of the procedures pursuant to the regulation , or a possible persistence or repetition of similar breaches , despite earlier recommendations or proposals made by the eu institutions;


### 17. recalls that , unless the decision adopting the measures states otherwise , the imposition of appropriate measures under the regulation does not affect the obligations of member states towards final recipients or beneficiaries , including the obligation to make payments; ### 17. recalls that the imposition of appropriate measures under the regulation does not affect the obligations of member states towards legitimate interests of final recipients or beneficiaries , including the obligation to make payments;


### 18. calls on the commission to implement article 5(4) of the regulation and swiftly set up a website or internet portal with information and guidance for the benefit of final recipients or beneficiaries and with adequate tools for them to inform the commission about any breach of the legal obligation to continue making payments after measures pursuant to this regulation are adopted , such as a simple and structured complaint form; ### 18. calls on the commission to implement article 5(4) of the regulation and swiftly set up a website or internet portal with information and guidance for the benefit of final recipients or beneficiaries and with adequate tools for them to inform the commission about any breach of the legal obligation to continue making payments after measures pursuant to this regulation are adopted , such as a simple , easy-to-use and structured complaint form;


### 19. stresses that , in shared management , measures under the regulation cannot be considered to affect the availability of funding for payments to beneficiaries; recalls also that member states concerned by those measures must regularly report to the commission on compliance with their obligations towards final recipients or beneficiaries; ### 19. stresses that , in shared management , measures under the regulation cannot be considered to affect the availability of funding for payments of legitimate claims to beneficiaries; recalls also that member states concerned by those measures must regularly report to the commission on compliance with their obligations towards final recipients or beneficiaries;


### 20. calls on the commission to analyse all information at its disposal and do its utmost to ensure that any amount due from government entities or member states is in fact paid to final recipients or beneficiaries , which may entail recovering payments that have been made or making financial corrections by reducing union support to programmes in line with applicable sector-specific and financial rules; ### 20. calls on the commission to analyse all information at its disposal and do its utmost to ensure that any legitimate payment claims to government entities or member states are in fact paid to final recipients or beneficiaries , which may entail making financial corrections by reducing union support to programmes in line with applicable sector-specific and financial rules; stresses that anyone earmarked for corruption in the early warning system under the financial regulation's anti-fraud mechanism , or under investigation by olaf or eppo , or more broadly having any direct or indirect ties to the ruling political party , should not be considered to have legitimate claims to receive eu monies until they have been cleared in investigations against them or have cut ties with the political parties;


### 20. calls on the commission to analyse all information at its disposal and do its utmost to ensure that any amount due from government entities or member states is in fact paid to final recipients or beneficiaries , which may entail recovering payments that have been made or making financial corrections by reducing union support to programmes in line with applicable sector-specific and financial rules; ### 20. calls on the commission to analyse all information at its disposal and do its utmost to ensure that any amount due from government entities or member states is in fact paid to final recipients or beneficiaries , which may entail recovering payments that have been made or making financial corrections by reducing union support to programmes in line with applicable sector-specific and financial rules; asks the commission to further clarify which other sources of funding could be used by member states to ensure that they respect their obligations to final recipients or beneficiaries , when eu funds are suspended; asks the commission to present its view on the management of a suspended eu fund in a concerned member state;


### — having regard to its resolution of 16 january 2014 on eu citizenship for sale4 , of 18 december 2019 on the rule of law in malta following the recent revelations around the murder of daphne caruana galizia5 , of 10 july 2020 on a comprehensive union policy on preventing money laundering and terrorist financing - the commission action plan and other recent developments6 , of 17 december 2020 on the eu security union strategy7 ; of 29 april 2021 on the assassination of daphne caruana galizia and the rule of law in malta8 , ### — having regard to its resolution of 16 january 2014 on eu citizenship for sale4 , of 26 march 2019 on financial crimes , tax evasion and tax avoidance4a , of 18 december 2019 on the rule of law in malta following the recent revelations around the murder of daphne caruana galizia5 , of 10 july 2020 on a comprehensive union policy on preventing money laundering and terrorist financing - the commission action plan and other recent developments6 , of 17 december 2020 on the eu security union strategy7 ; of 29 april 2021 on the assassination of daphne caruana galizia and the rule of law in malta8 ,


### c. whereas several member states operate citizenship by investment (cbi) and residence by investment (rbi) schemes that confer citizenship or resident status upon third-country nationals in exchange for primarily financial considerations in the form of ‘passive’ capital investments; whereas cbi/rbi schemes are characterised by having minimal to no physical presence requirements and offering a ‘fast track’ to residency or citizenship status in a member state compared to conventional channels; whereas application processing times vary substantially between member states10 ; ### c. whereas several member states operate citizenship by investment (cbi) and residence by investment (rbi) schemes that confer citizenship or resident status upon third-country nationals in exchange for primarily financial considerations in the form of ‘passive’ capital investments; whereas cbi/rbi schemes are characterised by having minimal to no physical presence requirements and offering a ‘fast track’ to residency or citizenship status in a member state compared to conventional channels; whereas application processing times vary substantially between member states10; whereas the ease of obtaining citizenship or residence through the use of such schemes contrasts dramatically with the obstacles for seeking international protection , legal migration or naturalisation through conventional channels;


### h. whereas malta and cyprus operate cbi schemes; whereas cyprus announced on 13 october 2020 that it would suspend its cbi scheme , only processing applications received before november 2020; ### h. whereas malta and cyprus operate cbi schemes; whereas cyprus announced on 13 october 2020 that it would suspend its cbi scheme , only processing applications received before november 2020; whereas some other member states reward big investors with citizenship using extraordinary procedures;


### 10. deplores the lack of comprehensive security checks , vetting procedures and due diligence in member states that have cbi/rbi schemes in place; regrets that member states do not always consult the available union databases and do not exchange information on the outcome of such checks and procedures , allowing for successive applications across the union; ### 10. deplores the lack of comprehensive security checks , vetting procedures and due diligence in member states that have cbi/rbi schemes in place; regrets that member states do not always consult the available union databases and do not exchange information on the outcome of such checks and procedures , allowing for successive applications across the union; considers that member states' authorities must have in place adequate processes for vetting cbi/rbi applicants and must not rely on background checks and due diligence procedures carried out by non-state actors as granting residency and citizenship rights is the responsibility of the state;


### 16. notes that applications under cbi/rbi schemes are particularly difficult to monitor and assess where they concern joint applications that include different family members; notes that family reunification rights under council directive 2003/86/ec of 22 september 2003 on the right to family reunification18 apply after obtaining residency status in a member state , thus allowing family members to enter the union without further specific checks normally required under rbi schemes; ### 16. notes that applications under cbi/rbi schemes are particularly difficult to monitor and assess where they concern joint applications that include different family members; notes that under certain national rbi schemes residency rights may be granted based on family , personal or other ties to the main applicants; notes that family reunification rights under council directive 2003/86/ec of 22 september 2003 on the right to family reunification18 apply after obtaining residency status in a member state , thus allowing family members to enter the union without further specific checks normally required under rbi schemes;


### 19. believes that , as cbi/rbi schemes constitute free riding and produce severe consequences for the union and the member states , a financial contribution to the union budget is warranted , also as a concrete expression of solidarity following from , inter alia , article 80 tfeu; requests , therefore , that the commission , in 2022 , on the basis of article 311 tfeu , submit a proposal for the establishment of a new category of the union’s own resources , consisting of a ‘cbi & rbi adjustment mechanism’ that would place a levy of 50 % on the investments made in member states as part of cbi/rbi schemes; ### 19. considers that the phasing out of cbi schemes will require a transition period and believing that , as cbi/rbi schemes constitute free riding and produce severe consequences for the union and the member states , a financial contribution to the union budget is warranted , for both schemes until all cbi schemes are completely phased out , as a concrete expression of solidarity following from , inter alia , article 80 tfeu; requests , therefore , that the commission , in 2022 , on the basis of article 311 tfeu , submit a proposal for the establishment of a new category of the union’s own resources , consisting of a ‘cbi & rbi adjustment mechanism’ that would place a levy of 50 % on the investments made in member states as part of cbi/rbi schemes;


### 23. requests that the commission exert as much pressure as possible to ensure that third countries that have cbi/rbi schemes in place and that benefit from visa free travel under annex ii to regulation (eu) 2018/1806 abolish their cbi schemes and reform their rbi schemes to bring them in line with union law and standards and that the commission submit , in 2022 , on the basis of article 77(2) , point (a) , tfeu , a proposal for an act that would amend regulation (eu) 2018/1806 in that regard; requests that specific attention in that regard be paid to candidate countries and proposes that it be included in the accession criteria; ### 23. requests that the commission exert as much pressure as possible to ensure that third countries that have cbi/rbi schemes in place and that benefit from visa free travel under annex ii to regulation (eu) 2018/1806 abolish their cbi schemes and reform their rbi schemes to bring them in line with union law and standards and that the commission submit , in 2022 , on the basis of article 77(2) , point (a) , tfeu , a proposal for an act that would amend regulation (eu) 2018/1806 in that regard; requests that specific attention in that regard be paid to candidate countries and potential candidate countries , and proposes that it be included in the accession criteria;


### — the regulation should contain union-level standards and procedures for increased due diligence and rigorous background checks for applicants. a proposal for a regulation is more than warranted , especially in light of the fact that the group of experts on investor citizenship and residence schemes never made any progress as regards those elements. in particular , all applicants must be structurally crosschecked against all relevant national , union (sis , vis , ecris-tcn , etias) and international (interpol) databases by the member state authorities. there should also be an independent verification of documents submitted , a full background check of all police records and involvement in previous and current civil and criminal litigation , in-person interviews with the applicants and a thorough verification of how the applicant’s wealth was accumulated and its relation to the reported income. ### — the regulation should contain union-level standards and procedures for increased due diligence and rigorous background checks for applicants. a proposal for a regulation is more than warranted , especially in light of the fact that the group of experts on investor citizenship and residence schemes never made any progress as regards those elements. in particular , all applicants must be structurally crosschecked against all relevant national , union (sis , vis , ecris-tcn , etias) and international (interpol) databases by the member state authorities while respecting fundamental rights standards. there should also be an independent verification of documents submitted , a full background check of all police records and involvement in previous and current civil and criminal litigation , in-person interviews with the applicants and a thorough verification of how the applicant’s wealth was accumulated and its relation to the reported income. it should be allowed to extend time limits for the proper due diligence process and to annul positive decisions retroactively in cases of misrepresentation or fraud.


### — the practice of joint applications , where a main applicant and family members can be part of the same application , should be forbidden: only individual applications subject to individual and rigorous checks should be allowed , while taking into account the links between applicants. ### — the practice of joint applications , where a main applicant and family members can be part of the same application , should be forbidden: only individual applications subject to individual and rigorous checks should be allowed , while taking into account the links between applicants. rigorous checks should also apply when residency rights can be pursued by family members of successful applicants under family reunification rules or other similar provisions.


### a union-level licensing procedure for intermediaries containing a thorough procedure with due diligence and auditing of the intermediary company , its owners and its related companies. the license should be subject to renewal every second year and be featured in a public union register for intermediaries. where intermediaries are involved in applications , member states should only be allowed to process such applications when prepared by union-licensed intermediaries. applications for licensing should be made to the commission , to be supported by the relevant union agencies , in particular the european border and coast guard agency (frontex) and the european union agency for law enforcement cooperation (europol) , in carrying out the checks and procedure. ### a union-level licensing procedure for intermediaries containing a thorough procedure with due diligence and auditing of the intermediary company , its owners and its related companies. the license should be subject to renewal every second year and be featured in a public union register for intermediaries. where intermediaries are involved in applications , member states should only be allowed to process such applications when prepared by union-licensed intermediaries. applications for licensing should be made to the commission , to be supported by the relevant union agencies.


### — a duty for member states to report to the commission regarding their rbi schemes should be introduced. the member states should submit a detailed annual report to the commission on the overall institutional and governance elements of their schemes. they should also report on individual applications and on rejections and approvals of applications. the commission should carry out , in cooperation with europol (including through its liaison officers in third countries) and frontex , union-level final checks of applications against the relevant union and international databases and should also carry out further security and background checks. on that basis , the commission should issue an opinion to the member state. the competence to grant residence or not under rbi schemes should remain with the member states. the union-level final check will also help to highlight several unsuccessful applications by the same individuals. ### — a duty for member states to report to the commission regarding their rbi schemes should be introduced. the member states should submit detailed annual reports to the commission on the overall institutional and governance elements of their schemes. these annual reports should be made publicly available with due respect for data protection regulations. they should also report on individual applications and on rejections and approvals of applications , including the number of instances in which citizenship or residency is denied due to lack of compliance with anti-money laundering provisions. statistics should include a breakdown of the applicants by the country of origin and data on family members and dependents , who have gained rights via an rbi applicant. the commission should carry out , in cooperation with europol (including through its liaison officers in third countries) and frontex , union-level final checks of applications against the relevant union and international databases and should also carry out further security and background checks. on that basis , the commission should issue an opinion to the member state. the competence to grant residence or not under rbi schemes should remain with the member states. the union-level final check will also help to highlight several unsuccessful applications by the same individuals.


### — the commission has made a welcome step by including rbi schemes prominently in its package of legislative proposals of 20 july 2021 to revise legal acts in the area of anti-money laundering and countering the financing of terrorism , especially where it concerns intermediaries. two further elements should be included: ### — the commission has made a welcome step by including rbi schemes prominently in its package of legislative proposals of 20 july 2021 to revise legal acts in the area of anti-money laundering and countering the financing of terrorism , especially where it concerns intermediaries. three further elements should be included:


### — a new article should be added to regulation (ec) no 810/2009 of the european parliament and of the council of 13 july 2009 establishing a community code on visas (visa code)3 on cooperation with third countries on phasing out their cbi schemes and bringing their rbi schemes in line with the new regulation proposed under proposal 2 above. such a new article could follow the logic of article 25a of the current visa code , providing for positive and negative incentives for third countries , aiming to limit the risks of third-country cbi and rbi schemes. ### — a new article should be added to regulation (ec) no 810/2009 of the european parliament and of the council of 13 july 2009 establishing a community code on visas (visa code)3 on cooperation with third countries on phasing out their cbi schemes and bringing their rbi schemes in line with the new regulation proposed under proposal 2 above.


### — for candidate countries , the complete phase-out of cbi schemes and the strict regulation of rbi schemes should be a prominent part of the accession criteria. ### — for candidate countries and potential candidate countries , the complete phase-out of cbi schemes and the strict regulation of rbi schemes should be a prominent part of the accession criteria.


### 1. considers that the very concept of schengen cooperation , that of ensuring the absence of controls at internal borders , has been further challenged by the covid-19 pandemic , which has been added to the grounds invoked since 2015 for the persistent retention of internal border controls by some member states; reiterates its condemnation of the maintenance of internal border checks and its view that many of the prolongations are not in line with the rules pertaining to their extension , necessity or proportionality , and are therefore unlawful; ### 1. considers that the very concept of schengen cooperation , that of ensuring the absence of controls at internal borders , has been further challenged by the covid-19 pandemic , which has been added to the grounds invoked since 2015 for the persistent retention of internal border controls by some member states; recalls that austria , denmark , france , germany , norway and sweden have border controls in place since 2015 , introduced in the name of the “european refugee humanitarian crisis” and the fight against terrorism; reiterates its condemnation of the maintenance of internal border checks and its view that many of the prolongations are not in line with the rules pertaining to their extension , necessity or proportionality , and are therefore unlawful; calls on the member states to immediately lift internal border controls , as they contribute to jeopardise the spirit of the schengen area;


### — having regard to articles 8 , 10 and 19 of the treaty on the functioning of the european union (tfeu) , ### — having regard to articles 8 , 10 , 19 , 83 , 153 and 157 of the treaty on the functioning of the european union (tfeu)


### — having regard to rule 54 of its rules of procedure , ### — having regard to rule 10 (6) and 54 of its rules of procedure ,


### b. whereas sexual harassment is a form of gender-based violence and an extreme form of gender-based discrimination which affects women and girls disproportionally; whereas harassment is often linked to other forms of discrimination in addition to gender-based discrimination and has to be addressed with an intersectional approach and from all its angles; ### b. whereas ‘’sexual harassment’’ is a form of gender-based violence and an extreme form of gender-based discrimination which affects women and girls disproportionally; whereas sexual harassment is defined in eu law as an incident ‘where any form of unwanted verbal , non-verbal or physical conduct of a sexual nature occurs , with the purpose or effect of violating the dignity of a person or resulting in other forms of physical , psychological , sexual and economic harm , in particular when creating an intimidating , hostile , degrading , humiliating or offensive environment’;


### c. whereas the proportion of women who have ever worked and have experienced any unwanted behaviour with a sexual connotation in the workplace varies between member states , ranging from 11 % to 41 %7 ; ### c. whereas the proportion of women who have ever worked and have experienced any unwanted behaviour with a sexual connotation in the workplace varies between member states , ranging from 11 % to 41 %[7]; whereas every second woman in the eu has experienced sexual harassment at least once since the age of 15;


### d. whereas harassment is widespread but under-reported; whereas harassment in the workplace has serious consequences for the physical and psychological health and well-being of employees and therefore its prevention and treatment should be a priority for every employer; ### d. whereas sexual harassment is widespread but under-reported due to a number of reasons , such as low public awareness of what constitutes sexual harassment and whether it is punishable by law , a lack of effective , transparent , reliable and independent systems of reporting and victim support and protection in the workplace and by law authorities , a lack of information on where and how to report forms of sexual harassment or a general fear of reporting related to possible re-victimization or retaliation by the perpetrator or in cases of sexual harassment in the workplace , a fear of termination of contract by the employer;


### e. whereas the progress made in addressing the issue of sexual harassment after the metoo movement is not sufficient and there is still a lot to be done within the european institutions and beyond; whereas the european institutions have started to adapt their internal rules and procedures in order to better identify , counter and sanction harassment; whereas the implementation of prevention mechanisms has given rise to a certain degree of reluctance resulting not only from ignorance of the phenomenon of harassment but also from the lack of clarity of the existing legal rules; ### e. whereas several member states have made progress in addressing the issue of sexual harassment after the metoo movement spread globally and in europe by adapting their legislation and policies in that regard , however emphasizes that sufficient changes have not been made and there is still a lot to be done to eliminate harassment in the eu;


### f. whereas in its previous resolutions , parliament called for the introduction of several concrete measures introducing a zero-tolerance approach but , several years on , only some of them have been fully implemented and more needs to be done; ### f. whereas in its previous resolutions , parliament called for the introduction of several internal concrete measures introducing a zero-tolerance approach but , several years on , only some of them have been fully implemented and more needs to be done;


### g. whereas the european institutions in general and the european parliament in particular , as a legislator , should set an example for all employers; whereas members of the european parliament , both as the directly elected representatives of eu citizens and as legislators , have a special responsibility to carry out their duties respecting the highest standards and eu law; ### g. whereas the european institutions in general and the european parliament in particular , as a legislator , should set an example for all employers in all their diversity; whereas members of the european parliament , both as the directly elected representatives of eu citizens and as legislators , have a special responsibility to carry out their duties respecting the highest standards and eu law;


### 2. reiterates its call for the eu and the member states to ratify the istanbul convention; is convinced that the eu and the member states should learn from the crises and backlashes against gender equality by adopting and implementing concrete , efficient and ambitious rules and policies on preventing and combating violence; ### 2. reiterates its call for the eu and all member states to swiftly ratify the istanbul convention; is convinced that the eu and the member states should be alert to backlashes against gender equality by adopting and implementing concrete , efficient and ambitious rules and policies on preventing and combating gender-based violence;


### 4. is convinced that the european institutions should behave as exemplary employers and establish zero-tolerance standards; ### 4. is convinced that the european institutions should behave as exemplary employers and establish zero-tolerance standards for harassment and work actively on prevention of harassment , adequate victim protection and support , and countering all forms of discrimination and should apply strict implementation of its rules in this regard;


### 5. regrets the fact that , in spite of the progress initiated by the metoo campaign , which helped to break the silence and raise awareness of the need to implement better working conditions for all staff , cases of sexual harassment still occur in the european institutions , including parliament; recalls that these cases cast a shadow over the functioning of our institutions and undermine the confidence of eu citizens in them; ### 5. regrets the fact that , in spite of the progress initiated by the metooep campaign , which helped to break the silence and raise awareness of the need to implement better anti-harassment policies to protect all people working in the european parliament , cases of sexual harassment still occur and victims are not sufficiently supported and protected ,; recalls that these cases cast a shadow over the functioning of our institutions and undermine the confidence of eu citizens in them;


### 6. recalls the importance of prevention , with information and awareness-raising efforts , and the promotion of zero-harassment campaigns and policies; considers that the existing campaigns should be reinforced; ### 6. recalls the importance of prevention , long-term specialized trainings and information and awareness-raising efforts , and the promotion of zero-harassment campaigns and policies; preventive measures shall in particular aim at empowering women and supporting men to challenge harmful gender stereotypes , educating on the concept of consent , promoting gender-equality for a safe working environment , encouraging all , to act as positive role models towards a gender violence free society; considers that the existing campaigns should be regularly updated and reinforced , in particular on intersectional and sexual harassment;


### 7. notes that sexual harassment cases are still under-reported because victims do not use the existing channels , demonstrating the need for further efforts with regard to the prevention of sexual harassment; ### 7. notes that sexual harassment cases are still under-reported because victims do not use the existing channels because of amongst other things , the lack of a comprehensive system of reporting , support , and care for the victims of sexual harassment based on human rights standards , demonstrating the need for further efforts with regard to the prevention of sexual harassment; calls on member states to provide a standardized gender sensitive action protocols to secure and support all victims of sexual harassment , including victims of cross-border sexual harassment


### 8. recalls the duty of all of the european institutions to put in place all necessary policies to prevent and address all forms of harassment and violence , and urges them to ensure that all of the rules in place guarantee a zero-tolerance approach to any forms of misconduct and full support for all victims; calls on the european institutions to strengthen their internal rules and policies to ensure that in cases of harassment and violence , they should not only suspend the perpetrator , but also entirely remove their salary; ### 8. recalls the duty of all of the european institutions to put in place all necessary policies and standardized gender sensitive action protocols to prevent and address all forms of harassment and violence , and urges them to ensure that all of the rules in place guarantee a zero-tolerance approach to any forms of misconduct and full support for all victims; calls on the european institutions to strengthen their internal rules and policies to ensure that in cases of harassment and violence , they should not only suspend the perpetrator , but also entirely remove their salary;


### harassment in the european parliament ### harassment in the eu institutions


### 9. insists that the measures to address sexual harassment are not strong enough and do not include all of the actions requested in previous resolutions; welcomes the fact that this parliamentary term is the first in which members have been required to sign a declaration confirming their commitment to complying with the code of appropriate behaviour; ### 9. welcomes the fact that this parliamentary term is the first in which members of the european parliament have been required to sign a declaration confirming their commitment to complying with the code of appropriate behaviour which has explicit paragraphs on harassment;


### 10. welcomes the harassment prevention training offered to members , managers in parliament’s secretariat and staff; is convinced , however , that voluntary harassment prevention training has proven insufficient; calls for the introduction of mandatory training for all members; ### 10. welcomes the harassment prevention training offered to members , managers in parliament’s secretariat and staff; is convinced , however , that voluntary harassment prevention training has proven insufficient as only 260 out of 705 members have completed the training in this term; calls again for the implementation of mandatory training for all members and staff , requests the competent parliament bodies and services to assess what consequences could be attached for non-completion of this training , such as possible limiting of hiring staff , financial sanctions or removing the possibility to be rapporteur or office-holder in the ep , and adapt its rules accordingly; calls for a public list on the parliament’s website with members that have completed the training , and those who have not; emphasises as well the need for trainings to be frequently available in all eu languages;


### 11. welcomes the measures implemented under the ‘updated roadmap for the adaptation of preventive and early support measures to deal with conflict and harassment between members of the ep and apas , trainees and other staff’ adopted by the bureau on 12 march 2018 , and the gender action plan; calls for the improvement , on a regular basis , of awareness raising for all persons working on parliament’s premises about the zero-harassment policy , in order to provide them with the tools to recognise all forms of harassment and to report it; ### deleted


### 12. notes the work of the advisory committee on harassment and its prevention at the workplace and the advisory committee dealing with harassment complaints concerning members of the european parliament; calls for full transparency about how parliament is addressing issues of harassment , while protecting the identity of those affected , and invites both committees to draft and publish their monitoring reports and risk assessments annually on the european parliament website; calls for an independent evaluation of the measures in place by external and auditors selected in a transparent procedure; ### deleted


### 13. asks for the composition of the advisory committees to be updated to ensure an equal representation of external experts with proven expertise in tackling harassment in the workplace , including doctors , therapists and legal experts in the domain of harassment and to change their status to full members with voting rights; calls for the creation of a confidential register of cases over time , as already requested in the resolutions dating from 2017 and 2021; ### 13. asks for the two advisory committees to be merged into one committee dealing with cases of harassment , with the composition of one quaestor , two representatives of the apa and/or staff committee and three professional experts such as a doctor , psychologist and legal advisor to allow for a fair balanced composition; calls for a clear mandate and transparent selection process for these members;


### 14. calls for the european ombudsman to provide coherent information on an annual basis to parliament’s high-level group on gender equality and diversity regarding complaints about maladministration relating to gender equality in parliament; ### 14. calls for the european ombudsman to provide coherent information on an annual basis to parliament’s high-level group on gender equality and diversity regarding complaints about maladministration relating to gender equality in parliament and to other eu institutions;


### — having regard to article 6 of the 1979 convention on the elimination of all forms of discrimination against women (cedaw) , which aims to eliminate all forms of trafficking in and exploitation of women in prostitution , ### — having regard to article 6 of the 1979 convention on the elimination of all forms of discrimination against women (cedaw) , which aims to suppress all forms of traffic in women and exploitation of prostitution of women ,


### a. whereas prostitution , its exploitation , and trafficking for the purpose of sexual exploitation are increasing; whereas they are gender-specific phenomena with a global dimension and affect the most marginalised members of our societies , with the vast majority of people in prostitution being women and girls and almost all sex buyers being men; ### a. whereas exploitation , and trafficking for the purpose of sexual exploitation are increasing; whereas they are gendered phenomena with a global dimension and affect the most marginalised members of our societies , with the vast majority of sexually exploited people being women and girls and the majority of sex buyers being men;


### c. whereas different regulatory measures concerning prostitution have different effects on gender equality; ### c. whereas different regulatory measures concerning the sex industry have different effects on gender equality;


### d. whereas women in prostitution face more violence and exploitation than women on average; ### d. whereas women selling sex face more violence and exploitation than women on average;


### e. whereas ensuring the physical integrity of all and guaranteeing equality and respect for women’s rights must be at the heart of member state and eu policies; ### e. whereas ensuring the rights of all people to have their bodily integrity , privacy and personal autonomy respected and guaranteeing equality and respect for women’s rights must be at the heart of member state and eu policies;


### f. whereas there are strong links between prostitution and organised crime such as human trafficking; ### f. whereas human trafficking concerns many domains such as domestic work , agriculture and mining amongst others; where as there are links between sexual exploitation and organised crime such as human trafficking;


### g. whereas numerous factors cause people to enter prostitution , including poverty , social exclusion and a migration background; ### g. whereas numerous factors cause people to enter sex work , including poverty , social exclusion limited employment opportunities , discriminatory immigration laws and a lack of safe and legal migration opportunities;


### h. whereas prostitution has cross-border implications and affects women’s rights and gender equality; whereas the disparity of legislation on prostitution in the eu benefits traffickers and organised crime networks; whereas all member states have a legal obligation to discourage and end human trafficking and organised crime; ### h. whereas the disparity of legislation on prostitution and sex work in the eu has cross-border implications and affects women’s and minorities’ rights and gender equality; whereas all member states have a legal obligation to discourage and end human trafficking and organised crime; whereas persons selling sex and sex work have been traditionally marginalised , it is important to have a human rights based approach , taking into account that being in vulnerable situation they are often not aware of their rights; whereas having an open dialogue and listen to the voices of persons selling sex is an important part of the process , when legislating about them;


### 1. notes that approaches to regulating prostitution vary across the eu and target three key components of this system: prostituted persons , the purchase of sex (i.e. demand) , and pimping; stresses that the different laws have different effects on women in prostitution , their rights , women’s rights in general , gender equality , demand , society and neighbouring countries; ### 1. notes that approaches to regulating sex work vary across the eu and target three key components through punitive administrative or criminal law of this system: people selling sex , the purchase of sex , and third parties; stresses that the different laws have different effects on women selling sex and their rights , ability to access health care , social services and the justice system , women’s rights in general , gender equality , and society;


### reality in prostitution ### reality for people selling sex


### 3. notes that women in prostitution experience more violence than women on average; refers to a 2019 study by the german federal ministry for family affairs , senior citizens , women and youth , according to which 41 % of the women in prostitution surveyed had experienced physical or sexual violence (or both) in the context of prostitution; ### 3. notes that women selling sex experience more violence than women on average; refers to a 2019 study by the german federal ministry for family affairs , senior citizens , women and youth , according to which 41 % of the women in prostitution surveyed had experienced physical or sexual violence (or both) in the context of sex work;


### 4. underlines the findings of this study with regard to the experiences of women in prostitution with abuse in childhood and adolescence; ### deleted


### 5. underlines that consent can only be given freely when there is no power imbalance between the people involved; notes , at the same time , that it can be extremely difficult for people to realise that they are victims , especially when they do not know their rights , and recalls the dynamics of an abusive relationship; ### 5. underlines that consent can be given freely by consenting adults;


### 6. notes that the deterioration of the social and economic situation as a result of the covid-19 pandemic has increased all forms of abuse and violence against women , including prostitution; warns that this will be further aggravated by the current energy and cost-of-living crisis; ### 6. notes that the deterioration of the social and economic situation as a result of the covid-19 pandemic has increased all forms of abuse and violence against women , including against sex workers; warns that this will be further aggravated by the current energy and cost-of-living crisis;


### 7. underlines that the european parliament recognised , in its resolution of 26 february 2014 on sexual exploitation and prostitution and its impact on gender equality , that prostitution and sexual exploitation are violations of human dignity , contravene human rights principles such as gender equality and are therefore contrary to the principles of the charter of fundamental rights of the european union; recalls that it defined prostitution as a serious form of violence and exploitation in its resolution of 5 july 2022 on women’s poverty in europe4 ; ### 7. underlines that the european parliament recognised , in its resolution of 26 february 2014 on sexual exploitation and prostitution and its impact on gender equality , that prostitution and sexual exploitation are violations of human dignity , contravene human rights principles such as gender equality and are therefore contrary to the principles of the charter of fundamental rights of the european union; notes that the resolution was adopted during the previous mandate and reflected the position of the european parliament at that time; recalls that it defined prostitution as a serious form of violence and exploitation in its resolution of 5 july 2022 on women’s poverty in europe4 ;


### impact on women in prostitution ### impact on sex workers


### 8. condemns the fact that women in prostitution lack legal security because of their criminalisation , meaning they face the constant threat of police and judicial persecution , are subject to additional vulnerability and stigmatisation that negatively affect their health , consequently experience difficulties in contacting support services and lack access to fundamental rights; deplores the fact that , at the same time , clients , brothel owners and human traffickers often remain unpunished; ### 8. condemns the fact that women selling sex , especially migrant , racialised and trans women and lgbtiq+ people , lack legal security because of their disproportionate criminalisation , high levels of surveillance , the issuance of fines and house raids meaning they face the constant threat of police and judicial persecution , are subject to additional vulnerability and stigmatisation that negatively affect their health , consequently experience difficulties in contacting support services and lack access to fundamental rights; deplores the fact that , at the same time , perpetrators posing as clients , exploitative third parties and human traffickers operate with impunity;


### 9. points out the negative consequences of the decriminalisation of pimping and the purchase of sex , which , through the apparent societal normalisation of these activities , leads to an increase in the trafficking in human beings for sexual exploitation and conceals the reality of coercion , manipulation , violence and exploitation in prostitution , where a lack of language skills , vulnerabilities and precarious conditions are exploited to make women enter and stay in prostitution; regrets the fact that even the legalisation of prostitution , pimping and the purchase of sex does not mean an end to the stigma for women in prostitution; ### 9. points out the negative consequences of the criminalisation of sex work , which leads to an increase in the trafficking in human beings for sexual exploitation and conceals the reality of coercion , manipulation , violence and exploitation in enforced prostitution , where a lack of language skills , vulnerabilities and precarious conditions are exploited to make women enter and stay in prostitution; underlines the fact that the push for criminalisation contributes to the stigma for women and people selling sex;


### 10. welcomes the fact that an increasing number of countries are taking up and implementing the nordic/equality model; supports the feminist background of this model and its goal of achieving gender equality , and highlights the model’s positive effects on the rights of people in prostitution and the fight against human trafficking; ### 10. notes the fact that an increasing number of countries are taking up and implementing the criminalisation model; points out the paternalistic approach of this model and it’s harmful impact on women’s rights , especially the fundamental right to bodily integrity; highlights the model’s negative effects on the rights of people selling sex1a and the fight against human trafficking;


### 11. notes that prostitution and trafficking for sexual exploitation only exist because there is a demand for them; ### 11. notes that trafficking for sexual exploitation exists in countries where third parties and purchase of sexual services is criminalised;


### 12. notes that the decriminalisation of pimping and of the purchase of sex increases demand , empowers the demand side and normalises sex buying; underlines that the stigmatisation of people , especially women , in prostitution nevertheless persists; ### deleted


### 13. is concerned that the legalisation of prostitution promotes legal structures behind which traffickers can hide; ### 13. is concerned that the criminalisation of sex work promotes opaque structures behind which traffickers can hide;


### 14. stresses that human trafficking for the purpose of sexual exploitation is increasing due to high demand; points out that this is particularly visible in countries with a liberal regulatory model , whereas countries that follow approaches like the nordic/equality model are no longer big markets for human trafficking for that purpose; ### 14. stresses that human trafficking for the purpose of sexual exploitation is is a gross violation of human rights and comprises a significant risk , especially for migrant women , women from disadvantaged backgrounds , trans women , lgbtiq+ people and other marginalised groups; points out that there is no discernable difference between countries with a liberal regulatory model and countries that follow approaches like the criminalisation model1a;


### 15. notes that the different approaches to regulation in the eu have different effects and that women in prostitution have different rights and protections in different eu member states; underlines that , on average , 70 % of the individuals in prostitution in the eu are migrant women and that trafficking for the purpose of sexual exploitation mostly affects women and girls coming from the east of the european union; ### 15. notes that the different approaches to regulation in the eu have different effects and that women selling sex have different rights and protections in different eu member states; stresses that while the competence to govern sex work remains with the member states , people selling sex must be able to enjoy the rights enshrined in the eu charter of fundamental rights; underlines that , on average , 70 % of the people in the sex trade in the eu are migrant women;


### 16. stresses that the divergent rules mean that some eu member states have more victims of trafficking in human beings than others and that free movement within the eu helps to move people from one market to the next; ### 16. stresses that some eu member states have more victims of trafficking in human beings than others;


### 17. emphasises that the gender-specific nature of prostitution reflects and replicates the prevailing power relations; stresses that prostitution and sexual exploitation are both a cause and a consequence of the unequal treatment of women and men and replicate and perpetuate stereotypes about women and men; ### 17. emphasises that the gender-specific nature of exploitation both within and outside of the job market reflects and replicates the prevailing power relations; stresses that intersectional discrimination further exacerbates this power imbalance; underlines that sexual exploitation in particular is a cause and a consequence of racism , ableism , classism and the unequal treatment of women and men and replicates and perpetuates stereotypes about women , men , other genders and marginalised groups in general;


### 18. stresses the different effects of different regulatory measures on men , young people and society as a whole; ### 18. stresses the different effects of gender stereotypes and inequality on men , young people and society as a whole;


### 20. calls on the member states to take action in the areas of prevention , decriminalisation of people in prostitution , exit programmes , demand reduction , punishment of clients , destigmatisation and the elimination of stereotypes; calls on the member states to reduce demand while protecting women and their rights , to end the criminalisation and stigmatisation of people in prostitution and to ensure exit strategies and unconditional access to social security systems and reintegration; ### 20. calls on the member states to take action in the areas of all forms of exploitative labour; calls on the member states to protect women and their rights , to end the criminalisation of sex work and stigmatisation of people selling sex and to ensure unconditional access to social security systems and reintegration;


### 21. calls on the member states to ensure that it is punishable as a criminal offence to solicit , accept or obtain a sexual act from a person in exchange for remuneration , the promise of remuneration , the provision of a benefit in kind or the promise of such a benefit; ### deleted


### 22. calls on the member states to take measures to combat the economic , social and cultural causes of prostitution so that women in situations of poverty , social exclusion , discrimination and migration do not fall victim to this form of exploitation; ### 22. calls on the member states to take measures to combat the structural , economic and social causes of poverty , so that women in situations of social exclusion , discrimination and migration do not fall victim to exploitation;


### 23. calls for specific measures to assist women in prostitution with their social and professional reintegration; calls for such exit programmes to work gradually , for women to be supported on their personal paths and for people’s potential to be recognised , with and professional training and further education programmes being adapted to take account of this; ### 23. calls for specific measures to assist women selling sex with their social and professional inclusion; calls for women to be supported on their personal paths and for people’s potential to be recognised , with and professional training and further education programmes being adapted to take account of this;


### 24. calls for comprehensive psychological , medical and socio-economic support for victims and survivors; ### 24. calls for comprehensive psychological , medical , socio-economic and administrative support , as well as residence permits for victims and survivors of human trafficking , in a language that they can readily understand;


### e. whereas the eu strategic approach to wps represents significant progress in terms of the eu’s engagement with the wps agenda; ### e. whereas the eu strategic approach to wps represents significant progress in terms of the eu’s engagement with the wps agenda; whereas despite the eu action plan on wps adopted in 2019 to implement such strategic approach , translating this policy commitment into action remains a challenge; whereas still many eu staff members have not integrated wps as part of their work and this agenda is seen as one that can be applied at their discretion and with the objective of improving the effectiveness of missions , but not as way to ensure women’s rights and gender equality on its own;


### k. whereas the work of gender advisers and focal points is central to translating eu policies on gender equality and wps into analysis , planning , conduct and evaluation , as well as to facilitating the integration of a gender perspective into daily tasks and operations; whereas gender advisers and focal points face numerous challenges in the performance of their duties; ### k. whereas the work of gender advisers and focal points is central to translating eu policies on gender equality and wps into analysis , planning , conduct and evaluation , as well as to facilitating the integration of a gender perspective into daily tasks and operations; whereas gender advisers and focal points face numerous challenges in the performance of their duties , including lack of prioritisation of gender in the eu delegations , insufficient time for gender mainstreaming due to other tasks to be performed under their job description and difficulties to ensure that project managers sufficiently take into account gender in their work; whereas still a majority of the gender focal points’ tasks and responsibilities are not reflected in their job description;


### 1. calls on the eeas , the commission and the eu member states to systematically integrate gender mainstreaming into the eu’s foreign and security policy; ### 1. calls on the eeas , the commission and the eu member states to systematically integrate gender mainstreaming into the eu’s foreign and security policy; including in multilateral fora and in all political and strategic dialogues , human rights dialogues , policy formulation and programming , country level human rights strategies , public statements , global human rights reporting as well as in the monitoring , evaluation and reporting processes;


### 2. calls on the vp/hr to make substantial and highly visible progress on gender equality in terms of leadership and management , staffing , training , financial resources and organisational hierarchy; calls in this regard for mandatory training on gender equality; ### 2. calls on the vp/hr to make substantial and highly visible progress on gender equality in terms of leadership and management , staffing , training , financial resources and organisational hierarchy and to ensure political and operational commitment to implement effective and transformative gender mainstreaming; calls in this regard for mandatory training on gender equality for all middle and upper managers of the eeas , and heads/commanders of csdp missions and operations;


### 4. calls on the eeas , the relevant commission services and the member states to systematically integrate gender mainstreaming and an intersectional perspective into the eu’s foreign and security policy; ### 4. calls on the eeas , the relevant commission services and the member states to systematically integrate gender mainstreaming and an intersectional perspective into the eu’s foreign and security policy , including in multilateral fora and in all political and strategic dialogues , human rights dialogues , policy formulation and programming , country level human rights strategies , public statements , global human rights reporting as well as in the monitoring , evaluation and reporting processes;


### 4. regrets that not a single one of the 12 civilian csdp missions is headed by a woman; calls on the vp/hr to draw up a gender strategy for csdp missions with specific targets; ### 4. regrets that not a single one of the 12 civilian csdp missions is headed by a woman and that out of 70 heads of mission so far only 6 have been women; calls on the vp/hr to draw up a gender strategy for csdp missions with specific targets; calls on eu member states to fulfil their commitment 16 of the civilian csdp compact by actively promoting the presence of women at all levels and based on increased national contributions; regrets that since the establishment of the compact , the number of women personnel has decreased;


### 4. regrets that not a single one of the 12 civilian csdp missions is headed by a woman; calls on the vp/hr to draw up a gender strategy for csdp missions with specific targets; ### 4. regrets that not a single one of the 12 civilian csdp missions is headed by a woman; calls on the vp/hr to draw up a gender strategy for csdp missions with specific targets and to promote gender equality when discussing csdp missions and operations;


### 5. stresses that developing and using gender analysis and the systematic integration of a gender perspective constitutes one of the foundations of effective and lasting conflict prevention and resolution; ### 5. stresses that developing and using gender analysis and the systematic integration of a gender perspective constitutes one of the foundations of effective and lasting conflict prevention and resolution , stabilisation , peacebuilding , post-conflict reconstruction , governance and institution building; regrets that the dominant narrative around women is one of victimization that deprives women of their agency and erases their capacity as agents of change , with an increasing body of evidence illustrating that women’s meaningful participation in peace processes plays a significant role in determining its durability and success , since they are likely to put on the table issues such as political reform , implementation and social inequalities; reminds that between 1988 and 2018 women constituted 13% of negotiators , 3% of mediators and only 4% of signatories in major peace processes;


### 5. stresses that developing and using gender analysis and the systematic integration of a gender perspective constitutes one of the foundations of effective and lasting conflict prevention and resolution; ### 5. stresses that developing and using gender analysis and the systematic integration of a gender perspective constitutes one of the foundations of effective and lasting conflict prevention and resolution and contributes to achieving sustainable peace and the sustainable development goals;


### 6. welcomes the eu strategic approach to women , peace and security (wps) and the eu action plan on wps adopted in 2019; regrets , however , that translating this policy commitment into action remains a challenge; ### 6. welcomes the eu strategic approach to women , peace and security (wps) and the eu action plan on wps adopted in 2019; regrets , however , that translating this policy commitment into action remains a challenge; regrets that many eu staff members have not integrated wps as part of their work and that this agenda is seen as one that can be applied at their discretion and with the objective of improving the effectiveness of missions , but not as way to ensure women’s rights and gender equality on its own;


### 7. welcomes the work done by the eeas principal advisor on gender; regrets , however , the limited capacity of this role and calls for the advisor to report directly to the vp/hr; ### 7. welcomes the work that the eu task force on women , peace and security has carried out until now , including by ensuring the participation of relevant civil society organisations in its discussions; welcomes the work done by the eeas principal advisor on gender; regrets , however , the limited capacity of this role and calls for the advisor to report directly to the vp/hr; calls on the vp/hr to form an organisational division within the eeas on gender equality and the wps agenda and to have a full-time gender advisor in each eeas directorate , reporting directly to the principal advisor;


### 8. calls on the member states to create a formal council working group on gender equality; ### 8. calls on the member states to create a formal council working group on gender equality; recommends for the new council wg to develop rules to allow in-depth participation of civil society;


### 9. recognises that gender equality is a prerequisite for efficient management of climate challenges. ### 9. recognises that gender equality is a prerequisite for efficient management of climate challenges and that in order to achieve a fair and just transition which leaves no one behind all climate action must include a gender and an intersectional perspective; regrets that only 30% of climate negotiators are women and reminds that meaningful and equal participation of women in decision making bodies and eu , national and local level climate policy and action is vital for achieving long-term climate goals; asks the eu and its member states to ensure access of women’s organisations to international climate funds.