### commits a serious breach of the applicable rules , including the national law provisions transposing this directive. ### commits a serious breach of the applicable rules , including the national law provisions transposing this directive , other consumer protection rules or the specific requirements for credit servicers business to consumer referred to in article 6a.


### register of authorised credit servicers ### register of authorised credit servicers and eba register of secondary markets on npls


### an undertaking by the parties to comply with the union and national law applicable to the credit agreement , including in respect of consumer protection. ### an undertaking by the parties to comply with the union and national law applicable to the credit agreement or the creditor's rights , including in respect of consumer protection.


### 3. member states shall ensure that the credit servicer keeps and maintains the following records for at least 10 years from the date of the contract referred to in paragraph 1: ### 3. member states shall ensure that the credit servicer keeps and maintains the following records for at least 10 years from the date of the contract referred to in paragraph 1 and for at least five years from the date the contract is terminated::


### 1. member states shall ensure that where a credit servicer uses a third party to perform activities that would normally be undertaken by that credit servicer ('credit service provider') , the credit servicer remains fully responsible for complying with all obligations under the national provisions transposing this directive. the outsourcing of those credit servicing activities shall be subject to the following conditions: ### 1. member states shall ensure that where a third party performs for a credit servicer services related to any of the activities listed in points (7a) (iii) and (iv) of article 3(1) , the credit servicer remains fully responsible for complying with all obligations under the national provisions transposing this directive. the outsourcing of those credit servicing activities shall be subject to the following conditions:


### 2. member states shall ensure that the credit servicer keeps and maintains records of all instructions provided to the credit service provider for at least 10 years from the date of the contract referred to in paragraph 1. ### 2. member states shall ensure that the credit servicer keeps and maintains records of all instructions provided to the credit service provider for at least 10 years from the date of the contract referred to in paragraph 1 and for at least five years from the date the contract is terminated.


### 2. member states shall ensure that the credit servicer keeps and maintains records of all instructions provided to the credit service provider for at least 10 years from the date of the contract referred to in paragraph 1. ### 2. member states shall ensure that the credit servicer informs without delay the competent authority of the home member state , and where applicable the host member state , not prior to the outsourcing of activities in accordance with paragraph 1.


### 1. member states shall ensure that a credit servicer having obtained an authorisation in accordance with article 5 in a home member state has the right to provide in the union those services that are covered by that authorisation. ### 1. member states shall ensure that a credit servicer having obtained an authorisation in accordance with article 5 in a home member state has the right to provide in the union those services that are covered by that authorisation or those established for the renegotiation of the terms and conditions related to the creditor’s rights under a credit agreement or of the credit agreement itself.


### where applicable , the address of the branch established in the host member state; ### the address of the branch established in the host member state;


### where applicable , identity and address of an agent appointed in a host member state; ### deleted


### 1. member states shall ensure that the competent authorities of the home member state review and evaluate the ongoing compliance by a credit servicer who provides services in a host member state with the requirements of this directive. ### 1. member states shall ensure that the competent authorities of the home member state review and evaluate the ongoing compliance by a credit servicer who provides services in a host member state with the requirements laid down in article 5 and 5a of this directive.


### 2. member states shall ensure that the competent authorities of a home member state are empowered to supervise , investigate and impose administrative sanctions or penalties and remedial measures on credit servicers in respect of their activities in a host member state. ### 2. member states shall ensure that the competent authorities of a home and host member state are empowered to supervise , investigate and impose administrative sanctions or penalties and remedial measures on credit servicers in respect of their activities in a host member state concerning the responsibilities conferred by the previous paragraph.


### 4. member states shall ensure that where a credit servicer which is domiciled or established in a home member state , has set up a branch or appointed an agent in a host member state , the competent authorities of the home member state and the competent authorities of the host member state shall cooperate closely in the performance of their functions and duties provided for in this directive , in particular when carrying out checks , investigations and on-site inspections in that branch or in respect of that agent. ### 4. member states shall ensure that where a credit servicer which is domiciled or established in a home member state , has set up a branch or appointed a credit service provider in a host member state , the competent authorities of the home member state and the competent authorities of the host member state shall cooperate closely in the performance of their functions and duties provided for in this directive , in particular when carrying out checks , investigations and on-site inspections in that branch or in respect of a credit service provider.


### 5. member states shall ensure that the competent authorities of the home member state in the exercise of their functions and duties provided for in this directive shall ask the competent authorities of the host member state for their assistance in carrying out an on-site inspection of a branch set up in or of an agent appointed in a host member state. ### 5. member states shall ensure that the competent authorities of the home member state in the exercise of their functions and duties provided for in this directive shall ask the competent authorities of the host member state for their assistance in carrying out an on-site inspection of a branch set up in or of an agent appointed in a host member state. the on-site inspection of a branch or of a credit service provider shall be conducted in accordance with the law of the member state where the inspection is carried out.


### 9. member states shall ensure that where the competent authorities of the host member state have evidence that a credit servicer providing services within its territory , in accordance with article 11 , is in breach of the obligations arising from the national provisions transposing this directive , it shall transmit that evidence to the competent authorities of the home member state and request that they take appropriate measures. ### 9. member states shall ensure that where the competent authorities of the host member state have evidence that a credit servicer providing services within its territory , in accordance with article 11 , is in breach of applicable rules , including the obligations arising from the national provisions transposing this directive , it shall transmit that evidence to the competent authorities of the home member state and request that they take appropriate measures.


### 11. member states shall ensure that where , after having informed the home member state no adequate measures were taken in a reasonable time or despite measures taken by the competent authorities of the home member state or in an urgent case , the credit servicer continues to be in breach of the obligations under this directive , the competent authorities of the host member state are entitled to take appropriate administrative sanctions or penalties and remedial measures in order to ensure compliance with the provisions of this directive within its territory after informing without delay the competent authorities of the home member state. ### 11. member states shall ensure that where , after having informed the home member state that adequate measures were taken in a reasonable time or despite measures taken by the competent authorities of the home member state or in an urgent case , the credit servicer continues to be in breach of the applicable rules , including its obligations under this directive , the competent authorities of the host member state are entitled to take appropriate administrative sanctions or penalties and remedial measures in order to ensure compliance with the provisions of this directive within its territory after informing without delay the competent authorities of the home member state. in particular , member states shall ensure that the competent authorities of the host member states can prohibit the activities of such credit servicers in its member state until an adequate decision is taken by the competent authority of the home member state.


### 1. eba shall develop draft implementing technical standards that specify the formats to be used by creditors who are credit institutions for the provision of information as set out in article 13(1) , in order to provide detailed information on their credit exposures in the banking book to credit purchasers for the screening , financial due diligence and valuation of the credit agreement. ### 1. eba shall develop guidelines that specify the formats that may be used by creditors who are credit institutions for the provision of information as set out in article 13(1) , in order to provide detailed information on their credit exposures in the banking book to credit purchasers for the screening , financial due diligence and valuation of the credit agreement.


### 2. member states shall ensure that a credit purchaser is not subject to any additional requirements for the purchase of credit agreements other than as provided for by the national measures transposing this directive. ### 2. member states shall ensure that relevant union and national law concerning in particular the enforcement of contracts , consumer protection , borrower's rights and criminal law continues to apply to the credit purchaser upon the transfer of the creditor’s rights under a credit agreement or the credit agreement itself to the credit purchaser. the level of protection provided under union and national law to consumers and other borrowers shall not be affected by the transfer of the creditor’s rights under a credit agreement or the credit agreement itself to the credit purchaser.


### 1. member states shall ensure that competent authorities of the home member state designated pursuant to article 20(3) , are given all supervisory , investigatory and sanctioning powers necessary for the exercise of their functions and duties laid down in this directive , including the following: ### 1. member states shall ensure that competent authorities of the home and host member state designated pursuant to article 20(3) , are given all supervisory , investigatory and sanctioning powers necessary for the exercise of their functions and duties laid down in this directive , including at least the following:


### 2. member states shall ensure that the competent authorities of the home member state evaluate , at least once a year , the implementation by a credit servicer of the requirements set in points (c) (d) and (e) of article 5(1). ### 2. member states shall ensure that the competent authorities of the home member state evaluate , at least once a year , the implementation by a credit servicer of the requirements set in points (b) to (ee) of article 5(1).


### 1. member states shall lay down rules establishing appropriate administrative penalties and remedial measures applicable in at least the following situations: ### 1. without prejudice to the right of member states to laydown criminal penalties , member states shall lay down rules establishing appropriate administrative penalties and remedial measures applicable in at least the following situations:


### a credit servicer fails to enter or enters into an outsourcing agreement in breach of the provisions transposing article 10 or the credit service provider to whom the functions were outsourced commits a serious breach of the applicable legal rules , including the national law transposing this directive; ### a credit servicer fails to comply with the requirement set out in the national measures transposing article 9 of this directive or enters into an outsourcing agreement in breach of the provisions transposing article 10 or the credit service provider to whom the functions were outsourced commits a serious breach of the applicable legal rules , including the national law transposing this directive;


### a cancellation of an authorisation to carry out activities as a credit servicer; ### a withdrawal of an authorisation to carry out activities as a credit servicer;


### 4. member states shall ensure that when determining the type of administrative penalties or other remedial measures and the amount of those administrative pecuniary penalties that competent authorities take into account all the following circumstances , where relevant: ### 4. member states shall ensure that when determining the type of administrative penalties or other remedial measures and the amount of those administrative pecuniary penalties that competent authorities take into account relevant circumstances , including the following:


### 5. where the situations referred to in paragraph 1 apply to legal persons , member states shall also ensure that competent authorities apply the administrative penalties and remedial measures set out in paragraph 2 to members of the management or administrative organ , and to other individuals who under national law are responsible for the breach. ### 5. member states shall also ensure that competent authorities apply the administrative penalties and remedial measures set out in paragraph 2 to members of the management or administrative organ , and to other individuals who under national law are responsible for the breach.


### 6. member states shall ensure that before taking any decision imposing administrative penalties or remedial measures set out in paragraph 2 of this article , the competent authorities give the concerned credit servicer , credit purchaser or where applicable , its representative designated in accordance with article 17 , the opportunity to be heard. ### 6. member states shall ensure that before taking any decision imposing administrative penalties or remedial measures set out in paragraph 2 of this article , the competent authorities give the concerned credit servicer , credit purchaser the opportunity to be heard. before taking any decision , the competent authority shall notify in a written form the existence of such proceeding to the servicer and the interested creditors.


### [...] ### deleted


### article 24 ### deleted


### article 25 ### deleted


### article 26 ### deleted


### article 27 ### deleted


### article 28 ### deleted


### article 29 ### deleted


### article 30 ### deleted


### article 31 ### deleted


### article 32 ### deleted


### article 33 ### deleted


### without prejudice to the obligations to inform the consumer pursuant to directive 2014/17/eu , directive 2008/48/ec and directive 93/13/eec , member states shall ensure that prior to modifying the terms and conditions of a credit agreement either by consent or by operation of law , the creditor communicates the following information to the consumer: ### without prejudice to the obligations to inform the consumer pursuant to directive 2014/17/eu , directive 2008/48/ec directive 93/13/eec and of the obligations of article 2a of this directive , member states shall ensure that prior to modifying the terms and conditions of the creditor’s rights under a credit agreement or of the credit agreement itself either by consent or by operation of law , the creditor communicates the following information to the consumer:


### a clear and comprehensive description of the proposed changes; ### a clear and comprehensive description of the proposed changes and the need for borrower consent or , where applicable , of the changes introduced by operation of law;


### 4. welcomes cepol’s new law enforcement education (leed) platform with user friendliness aiming at a better outreach for training participants; welcomes also the launch of the pilot cepol knowledge centre on counter-terrorism; ### 4. welcomes cepol’s new law enforcement education (leed) platform with user friendliness aiming at a better outreach for training participants; welcomes also the launch of the pilot cepol knowledge centre on counter-terrorism; stresses the importance of the requirement that the experts contributing to the new initiatives launched by the agency have sound expertise in the area of fundamental rights matters , in particular anti-racism and anti-discrimination;


### — having regard to its resolution of 16 january 2020 on ongoing hearings under article 7(1) of the teu regarding poland and hungary2 , ### — having regard to its resolutions of 16 january 2020 and 5 may 2022 on ongoing hearings under article 7(1) of the teu regarding poland and hungary2 ,


### (5) considering the cross-border nature of organised crime and money laundering as well as the importance of relevant financial information for the purposes of combating criminal activities , including by swiftly tracing , freezing and confiscating illegally obtained assets where possible and appropriate , authorities competent for the prevention , detection , investigation or prosecution of criminal offences designated in accordance with directive (eu) 2019/1153 should be able to directly access and search the centralised bank account registries of other member states through the bar single access point put in place pursuant to directive (eu) yyyy/xx. ### (5) considering the cross-border nature of organised crime and money laundering as well as the importance of relevant financial information for the purposes of combating serious criminal activities , including by swiftly tracing , freezing and confiscating illegally obtained assets where possible and appropriate , authorities competent for the prevention , detection , investigation or prosecution of criminal offences designated in accordance with directive (eu) 2019/1153 should be able to directly access and search the centralised bank account registries of other member states through the bar single access point put in place pursuant to directive (eu) yyyy/xx.


### 1a. member states shall ensure that the competent national authorities designated pursuant to article 3(1) have the power to access and search , directly and immediately , bank account information in other member states available through the bank account registers (bar) single access point put in place pursuant to article xx of directive (eu) yyyy/xx [the new anti-money laundering directive] when necessary for the performance of their tasks for the purposes of preventing , detecting , investigating or prosecuting a serious criminal offence or supporting a criminal investigation concerning a serious criminal offence , including the identification , tracing and freezing of the assets related to such investigation.. ### 1a. member states shall ensure that the competent national authorities designated pursuant to article 3(1) have the power to access and search , directly and immediately , bank account information in other member states available through the bank account registers (bar) single access point put in place pursuant to article xx of directive (eu) yyyy/xx [the new anti-money laundering directive] when necessary for the performance of their tasks for the purposes of preventing , detecting , investigating or prosecuting a serious criminal offence or supporting a criminal investigation concerning a serious criminal offence , including the identification , tracing and freezing of the assets related to such investigation..


### article 9 ### (1a) article 9 is deleted.


### 1. welcomes the fact that the court of auditors (the ‘court’) has declared the transactions underlying the annual accounts of the european border and coast guard agency (the ‘agency’) for the financial year 2019 to be legal and regular in all material aspects; notes that the budget of the agency was increased from eur 446 million to eur 495 million (+ 11 %); takes note of the increase in the agency's staff in 2020 from 749 to 1 234 (+ 64 ,8 %); ### 1. welcomes the fact that the court of auditors (the ‘court’) has declared the transactions underlying the annual accounts of the european border and coast guard agency (the ‘agency’) for the financial year 2020 to be legal and regular in all material aspects; regrets that the budget of the agency was increased from eur 446 million to eur 495 million (+ 11 %); takes note of the increase in the agency's staff in 2020 from 749 to 1 234 (+ 64 ,8 %);


### 1. deeply regrets that the obligation included in regulation (eu) 2019/1896 to recruit at least 40 fundamental rights monitors by 5 december 2020 has still not been fulfilled; urges the european border and coast guard agency (the ‘agency’) to swiftly recruit the remaining fundamental rights monitors and to appoint them at ad level , as parliament and the commission have repeatedly called for; reminds the agency that that is one of seven conditions set by the parliament in its previous discharge reports; recognises the progress made by the agency in that respect; highlights however that the lack of fulfilment of those conditions increases the risk of refusal to grant discharge for the financial year 2020; ### 1. deeply regrets that the obligation included in regulation (eu) 2019/1896 to recruit at least 40 fundamental rights monitors by 5 december 2020 has still not been fulfilled; urges the european border and coast guard agency (the ‘agency’) to swiftly recruit the remaining fundamental rights monitors and to appoint them at ad level , as parliament and the commission have repeatedly called for; reminds the agency that that is one of seven conditions set by the parliament in its previous discharge reports; recognises the progress made by the agency in that respect; highlights however that the lack of fulfilment of those conditions together with the alleged fundamental rights violations and the fact that the olaf report has not been made public yet , makes clear that the agency does not meet the requirements to be granted the discharge for the financial year 2020; recalls that the agency's budget has skyrocketed from €118 million in 2011 to €693 million in 2022 , and that a significant increase of the agency’s budget is still foreseen for 2023; further recalls that the agency is the jha agency that receives by far a larger amount of eu budget; considers that it is a pre-condition that jha agencies , which receive eu budget to carry out their activities , fully comply with fundamental rights;


### 1. notes the resignation of the executive director of the agency on 28 april 2022 and the appointment by the management board of an executive director ad interim as of 1 july 2022; notes the vacancy notice for a new executive director of the agency published on 21 june 2022; calls on the management board of the agency to appoint an executive director as soon as possible; ### 1. notes the resignation of the executive director of the agency on 28 april 2022 and the appointment by the management board of an executive director ad interim as of 1 july 2022; notes the vacancy notice for a new executive director of the agency published on 21 june 2022; reiterates the parliament’s letter to the commission stressing that the new executive director should have relevant knowledge and experience of fundamental rights management and a track-record of positive organisational change management , among other things; calls on the management board of the agency to appoint an executive director as soon as possible; invites the management board , before advancing this recruitment , to commit to increased transparency and accountability to parliament , to be confirmed through a written exchange;


### 1. grants the executive director of the european border and coast guard agency discharge in respect of the implementation of the agency’s budget for the financial year 2020 / postpones its decision on granting the executive director of the european border and coast guard agency discharge in respect of the implementation of the budget of the agency for the financial year 2020; ### 1. postpones its decision on granting the executive director of the european border and coast guard agency discharge in respect of the implementation of the budget of the agency for the financial year 2020;


### 1. approves the closure of the accounts of the european border and coast guard agency for the financial year 2020 / postpones the closure of the accounts of the european border and coast guard agency for the financial year 2020; ### 1. postpones the closure of the accounts of the european border and coast guard agency for the financial year 2020;


### 2. notes the court’s remark that , for the financial planning of its return operations , the agency relies on estimates provided by the cooperating countries and that complete and timely availability of this information is crucial; notes the court’s observation that in 2020 in one case a national authority included two previously unannounced return operations , totalling eur 355 000 , in a grant agreement at the financial closure of the action , resulting in a sudden budgetary deficit for the agency , that forced the agency to make an ex-post budgetary commitment , contravening the agency’s financial regulation; acknowledges the dependence of the agency on cooperating countries and calls on the agency to be more strict in setting and enforcing standards related to completeness and timeliness for the receipt of information related to financial planning of operations , including the return operations; ### 2. recalls the court’s findings that the agency did not provide adequate information about the impact or costs of its activities , did not carry out a robust evaluation of joint operations , did not explain any deviation or identify the impact of any gaps in resources , and did not provide information about the real costs of its joint operations; acknowledges that for the financial planning of its return operations , the agency relies on estimates provided by the cooperating countries and that complete and timely availability of this information is crucial; notes the court’s observation that in 2020 in one case a national authority included two previously unannounced return operations , totalling eur 355 000 , in a grant agreement at the financial closure of the action , resulting in a sudden budgetary deficit for the agency , that forced the agency to make an ex-post budgetary commitment , contravening the agency’s financial regulation; acknowledges the dependence of the agency on cooperating countries and calls on the agency to be more strict in setting and enforcing standards related to completeness and timeliness for the receipt of information related to financial planning of operations , including the return operations;


### 3. recalls of the fact that the european anti-fraud office has initiated an investigation on the agency; underlines that the outcome of the investigation was still pending by early december 2021; reminds that the ombudsman conducted two own-initiative inquiries into the complaints mechanism of the agency and on the compliance by the agency with its fundamental rights obligations; reiterates the concern on the findings of the court in its special report 08/2021 entitled ‘frontex's support to external border management: not sufficiently effective to date’; further recalls of the outcome of the parliament’s frontex scrutiny working group and the conclusions of the 13 internal inquiries by its management board; welcomes the agency’s report on the implementation of the conclusions of the extraordinary management board meeting of 6 october 2021 which reflects the 71 recommendations received from the aforementioned reports and audits; notes that the agency implemented 59 of those actions; calls on the agency to take all necessary measures towards implementing all the remaining recommendations and to report to the discharge authority over the progress achieved; ### 3. recalls of the fact that the european anti-fraud office has initiated an investigation on the agency over allegations of harassment , misconduct and migrant pushbacks; further recalls the unprecedented examination of human rights violations at union borders; underlines that the outcome of the investigation was still pending by early december 2021; reminds that the ombudsman conducted two own-initiative inquiries into the effectiveness and transparency of the complaints mechanism of the agency and on the role and independence of the fundamental rights officer , as well as into the compliance by the agency with its fundamental rights obligations and its ability to ensure accountability; recalls that the ombudsman’s first inquiry was followed by nine suggestions for improvement to the agency , including suggestions on how to make it easier for potential victims of fundamental rights violations to be aware of redress possibilities and to report incidents; notes the findings of the court in its special report 08/2021 entitled ‘frontex's support to external border management: not sufficiently effective to date’ , but remains concerned that the work of the agency beyond union borders remains barely scrutinised; further recalls of the outcome of the parliament’s frontex scrutiny working group and the conclusions of the 13 internal inquiries by its management board; regrets that the agency’s report on the implementation of the conclusions of the extraordinary management board meeting of 6 october 2021 which reflects the 71 recommendations received from the aforementioned reports and audits is not published; notes that the agency implemented 59 of those actions; calls on the agency to take all necessary measures towards implementing all the remaining recommendations and to report to the discharge authority over the progress achieved;


### 3. welcomes the decision to partially grant access to the report of the european anti-fraud office (olaf) on the investigation conducted with respect to the activities of the agency , to the members of parliament’s committee on budgetary control and committee on civil liberties , justice and home affairs; regrets the long delay taken towards granting that access; is profoundly concerned about the findings of that investigation; expresses its utter disappointment in the behaviour and actions described in the findings presented; recommends , given those findings , to parliament’s committee on budgetary control not to grant discharge for the financial year 2020; ### 3. regrets that access to the report of the european anti-fraud office (olaf) on the investigation conducted with respect to the activities of the agency is only granted to the members of parliament’s committee on budgetary control and committee on civil liberties , justice and home affairs; considers that the findings of the olaf report are a matter of public interest and requests that the report is made publicly available without further delay; deeply regrets the long delay taken towards granting that access; is profoundly concerned about the findings of that investigation; expresses its utter disappointment in the behaviour and actions described in the findings presented and the lack of accountability; recommends , given those findings , to parliament’s committee on budgetary control not to grant the discharge to the agency for the financial year 2020;


### 3. calls on the executive management of the agency to continue with the implementation of the agency’s mandate; recalls remarks made in the meeting of the committee on budgetary control on 13 july 2022 that the fast growing pace imposed by the new mandate of the agency caused difficulties that were , with hind sight , underestimated , leading to delays in recruitment in particular; ### 3. calls on the executive management of the agency to continue with the implementation of the agency’s mandate; recalls remarks made in the meeting of the committee on budgetary control on 13 july 2022 that the fast growing pace imposed by the new mandate of the agency caused difficulties that were , with hind sight , underestimated , leading to delays in recruitment in particular; reiterates the findings of the frontex scrutiny working group , highlighting that recruitment delays were unnecessary , and that the deliberate actions of the former executive director against strengthening the fundamental rights capacity of the agency were instrumental to this delay;


### 4. welcomes the agency’s efforts following parliament’s resolution of 29 april 2021 with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the european border and coast guard agency for the financial year 2019 , namely: (1) the recruitment of the fundamental rights officer , who took office on 1 june 2021 , and the appointment of the first 20 fundamental rights monitors; regrets the fact that 15 of those appointments were made at ast level; reiterates that regulation (eu) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors by 5 december 2020; urges the agency to swiftly recruit the remaining 20 fundamental rights monitors and to appoint them at ad level; deeply regrets the delay in the recruitment of the fundamental rights monitors and recalls that this poses a serious risk to operations and reputation of the agency; welcomes the cooperation between the agency and the european union agency for fundamental rights towards completing the recruitment of the reminding fundamental rights monitors; (2) the appointment of the three deputy executive directors in 2021; and (3) the update of the standard operating procedure for serious incident reporting in may 2021; ### 4. welcomes the agency’s efforts following parliament’s resolution of 29 april 2021 with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the european border and coast guard agency for the financial year 2019 , namely: (1) the recruitment of the fundamental rights officer , who took office on 1 june 2021 , and the appointment of the first 20 fundamental rights monitors; regrets the fact that 15 of those appointments were made at ast level; reiterates that regulation (eu) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors by 5 december 2020 and that none of the monitors had been appointed back then; urges the agency to swiftly recruit the remaining 20 fundamental rights monitors and to appoint them at ad level; deeply regrets the delay in the recruitment of the fundamental rights monitors; agrees with the court opinion that this poses a serious risk to operations and reputation of the agency; deeply deplores the fact that that despite repeated calls of parliament and a significant overall staff increase for the agency , the fundamental rights officer still lacks adequate human resources and is therefore clearly hampered to properly conduct the tasks that he is entrusted with; urges the agency to provide its fundamental rights officer with adequate resources and staff , in particular in relation to further developing and implementing the agency’s strategy to monitor and ensure the protection of fundamental rights; welcomes the cooperation between the agency and the european union agency for fundamental rights towards completing the recruitment of the remaining fundamental rights monitors and preparing the legal and operational framework for their deployment on the ground; (2) the appointment of the three deputy executive directors in 2021; and (3) the update of the standard operating procedure for serious incident reporting in may 2021; reminds the agency of the importance of adhering to the staff regulations;


### 4. welcomes the appointment of the interim executive director on 1 july 2022; ### 4. welcomes the appointment of the interim executive director on 1 july 2022; recalls the repeated criticism from the parliament concerning the agency’s failure to protect the fundamental rights of migrants and asylum seekers , particularly among numerous reports and journalistic investigations of its complicity in illegal pushbacks , which led to the resignation of the former executive director; reaffirms that this situation should not happen again; strongly requests monitoring mechanisms to be put in place and to keep the parliament informed about the measures applied to ensure non-repetition of fundamental rights’ violations;


### 5. calls on the agency to swiftly adopt a detailed procedure for the implementation of article 46 of regulation (eu) 2019/1896 and to suspend the agency's operations supporting return-related operations from hungary as long as , and as concluded by the court of justice of the european union , the return decisions issued by the hungarian authorities are incompatible with directive 2008/115/ec and the charter of fundamental rights of the european union; ### 5. recalls that the agency is mandated to control borders while ensuring that border controls are conducted in accordance with the fundamental rights applicable in the union , including those enshrined in the convention relating to the status of refugees , regulation (eu) 2016/3991a and regulation (eu) 2019/1896; calls on the agency to swiftly adopt a detailed procedure for the implementation of article 46 of regulation (eu) 2019/1896 and to suspend the agency's operations supporting return-related operations from hungary as long as , and as concluded by the court of justice of the european union , the return decisions issued by the hungarian authorities are incompatible with directive 2008/115/ec and the charter of fundamental rights of the european union;


### 5. welcomes the acknowledgement by the acting executive director of the standing problems of the agency and the commitments she made in her presentation in parliament’s committee on civil liberties , justice and home affairs on 30 may 2022 , which included commitments to ensure that the agency fully implements its mandate and operates in full respect of the rule of law and fundamental rights , to change the organisational culture of the agency , including to make sure people are not afraid to speak up about possible wrongdoings , to organise a dialogue with the members of staff , to encourage delegation of powers and to build relationships of trust with other institutions and the public; expects decisive steps to fulfil those commitments; notes with concern the statements of the acting executive director about the demotivation and distress of the staff; expects a detailed strategy to tackle that issue; ### 5. welcomes the acknowledgement by the acting executive director of the standing problems of the agency and the commitments she made in her presentation in parliament’s committee on civil liberties , justice and home affairs on 30 may 2022 , which included commitments to ensure that the agency fully implements its mandate and operates in full respect of the rule of law and fundamental rights , to change the organisational culture of the agency , including to make sure people are not afraid to speak up about possible wrongdoings and that there is proper follow-up , to organise a dialogue with the members of staff , to encourage delegation of powers and to build relationships of trust with other institutions and the public; urges decisive steps to fulfil those commitments; notes with concern the statements of the acting executive director about the demotivation and distress of the staff; urges a detailed strategy to tackle that issue to be implemented before the end of 2022; reminds the agency of the importance of adhering to the staff regulations;


### 5. welcomes the report of the agency on the implementation of the seven conditions formulated for the 2019 discharge of the agency; notes that five of the seven conditions are reported as being implemented by the agency; regrets to note that two conditions still have not been fully met; ### 5. welcomes the report of the agency on the implementation of the seven conditions formulated for the 2019 discharge of the agency; deeply regrets that only three of the seven conditions are being implemented by the agency and that four conditions still have not been fully met;


### 5. recalls the discharge authority’s observations on the application of the unit-cost approach for the deployment of heavy technical equipment and calls on the agency to inform the discharge authority on the results of the suggested contacts with the court and the commission to solve the issue of lacking supporting evidence; ### 5. recalls the court’s conclusion that the agency’s operational reporting fails to inform decision-makers adequately as it lacks information on actual costs and performance; reiterates its request to the court to assess the progress of the agency on recommendations 1 to 4; calls on the agency to inform the discharge authority on the results of the suggested contacts with the court and the commission to solve the issue of lacking supporting evidence;


### 6. acknowledges that an analysis of respect for fundamental rights by the agency was not included in the scope of the court’s special report 08/2021 since that would require a specific audit in view of the complexity of the matter; asks the court to carry out such a specific audit in the future; calls the agency to swiftly implement recommendation 5 of the court’s special report , respecting the indicated timeline set out therein. ### 6. acknowledges that an analysis of respect for fundamental rights by the agency was not included in the scope of the court’s special report 08/2021 entitled ‘frontex' support to external border management: not sufficiently effective to date’; asks the court to carry out a specific audit about the agency’s activities regarding the respect for and the protection of fundamental rights in future reports; calls the agency to swiftly implement recommendation 5 of the court’s special report , respecting the indicated timeline set out therein.


### 6. calls on the management board and commission to recruit a new executive director as soon as possible. ### 6. calls on the management board and commission to recruit a new executive director as soon as possible who truly commits with fundamental rights compliance; further calls on the management board and the commission to ensure that the recruitment procedure is fully transparent and takes into full account the ep indications.


### 6. notes that one of the conditions not yet met is the recruitment of 40 fundamental rights monitors (frms) , as on 1 june 2022 , 31 frms were in service , with three more to take office on 1 september 2022 , more than one and a half year after the deadline set in the agency’s founding regulation (5 december 2020); notes that the agency now strives to have 46 frms; notes the explanation provided by the agency that the delay was due to lengthy recruitment procedures in union institutions; ### 6. regrets that one of the conditions not yet met is the recruitment of 40 fundamental rights monitors (frms) , as on 1 september 2022 , 34 frms were in service , more than one and a half year after the deadline set in the agency’s founding regulation (5 december 2020); notes that the agency now strives to have 46 frms; regrets that even though the frontex scrutiny working group has established that the recruitment of frms was unnecessarily delayed by the agency’s previous executive director , the agency continues to contend that the delay was due to lengthy recruitment procedures in union institutions; urges the agency to meet its legal obligations on this matter as soon as possible and keep the discharge authority informed about the progress made;


### 7. notes that the second condition not yet met is the call on the agency to suspend its support-related activities in hungary , in accordance with article 46 of regulation (eu) 2019/18961 ; notes that the agency , instead of suspending the support-related activities , rather takes additional safeguarding measures to get assurance from the hungarian authorities that fundamental rights have been respected , and monitors this closely; notes that the agency’s fundamental rights officers recommend partially suspending return operations and additional safeguards when conductions return operations; ### 7. notes that the fourth condition not yet met is the call on the agency to suspend its support-related activities in hungary; is appalled that the agency continues to choose not to act in accordance with article 46 of regulation (eu) 2019/1896 of the european parliament and of the council1and in line with the conclusions of the court of justice of the european union in infringement procedures against hungary; notes that the agency argues that , instead of suspending the support-related activities , it rather takes additional safeguarding measures to get assurance from the hungarian authorities that fundamental rights have been respected , and monitors this closely; is concerned about the extent to which the agency’s approach relies on hungary’s assurances; notes that the agency’s fundamental rights officer stresses that the continuous support of the agency in hungary can implicate the agency in the violation of the non-refoulement principle , and recommends the agency to suspend its support-related activities in hungary , and build in additional safeguards if the agency would nonetheless continue to operate; stresses that the agency has in no way shown how reversing article 46 of regulation (eu) 2019/1896 and continuing operational presence helps to promote respect for fundamental rights and reduce the violation of it , and instead of that chooses not to comply to the law on no evidential basis; reiterates its call upon the agency to suspend its operations in hungary;


### 8. concludes that the agency has implemented most of the conditions formulated by the discharge authority in a satisfactory manner; calls nevertheless on the agency to adopt promptly a detailed procedure for the implementation of article 46 of regulation (eu) 2019/1896 , in line with the recommendations made by the agency’s fundamental rights officer in its annual report for 2022; ### 8. concludes with deep regret that the agency has not implemented the majority of the conditions formulated by the discharge authority , and that important conditions are outstanding; stresses that meeting those conditions is a crucial aspect for the discharge authority to grant discharge for the financial year 2020; urges the agency to adopt promptly a detailed procedure for the implementation of article 46 of regulation (eu) 2019/1896 , in line with the recommendations made by the agency’s fundamental rights officer in its annual report for 2022 , and inform the discharge authority about the progress made;


### 9. notes that olaf and the agency’s management board have made an anonymised version of the olaf final report on the agency’s activities available to the members of the committee on budgetary control and the committee on civil liberties , justice and home affairs; recalls that having access to that report was deemed necessary by the discharge authority to take a fully informed decision on the 2020 discharge; ### 9. notes that olaf and the agency’s management board have made an anonymised version of the olaf final report on the agency’s activities; notes that this has only been made available to the members of the committee on budgetary control and the committee on civil liberties , justice and home affairs; recalls that having access to that report was deemed necessary by the discharge authority to take a fully informed decision on the 2020 discharge; regrets the long delay taken to granting the access; stresses that the findings of the olaf report are a matter of public interest; notes that it has by now been clarified that olaf is the report’s owner and that all pending actions following up on the report’s findings have been closed; requests that since the agency’s conduct concerns the handling of taxpayers’ money , the report is made publicly available without further delay;


### 10. notes that the serious concerns raised on the basis of the partial presentation of findings from the final report in the committee on budgetary control meeting of 28 february 2022 are indeed confirmed in the final report; notes from the statements of the chair of the agency’s management board in the committee on budgetary control meeting of 13 july 2022 that actions have been taken in follow-up to olaf’s conclusions in the final report; notes the comments from the chair of the agency’s management board , and the commission’s deputy director-general for migration and home affairs that the report shows the failings of the individuals concerned , and that there is no structural issue; ### 10. notes that the serious concerns raised on the basis of the partial presentation of findings from the final report in the committee on budgetary control meeting of 28 february 2022 are indeed confirmed in the final report; stresses that this discharge procedure concerns the 2020 year and since olaf´s findings also concern 2020 , olaf´s findings are relevant for this discharge procedure regardless of the agency´s actions since the previous executive director´s resignation; notes that media reports on the investigation set out how the individuals subject to the investigation knew about fundamental rights violations from very early onwards , did not address these as they are legally required to , but instead consciously chose to ignore and even conceal the facts , consciously mislead the parliament , and disrespected the commission and their own colleagues working on fundamental rights issues; is profoundly concerned about the reported findings of the investigation; expresses its utter disappointment in the behaviour and actions by the persons subjected to the investigation;


### 11. calls on the agency’s management board and executive management to carefully re-assess the content of the olaf final report and to address any issues that potentially do have a structural character; calls in particular to review issues potentially related to the balance between border control and fundamental rights , and on sharing of information within the agency and between the agency and the parliament; ### 11. urges the agency’s executive management to be granted access to and read the content of the olaf final report; urges the agency and the commission to acknowledge and address the structural issues mentioned as these seem to relate both to the agency’s direct operations as well as to oversight , and ensure that this never happens again; calls upon the commission and the agency to inform the discharge authority about how the structural issues will be addressed;


### 12. recalls the european ombudsman’s decision in its own initiative enquiry on fundamental rights obligations; notes its conclusion that the agency should ensure a more proactive approach to transparency , including publishing documents that are needed to understand the respective roles and responsibilities of the actors involved in its operations; notes that the agency cannot share information of a tactical nature that could be abused for human trafficking or other illegal activities; calls on the agency to sensibly implement the ombudsman’s recommendations; ### 12. recalls the european ombudsman’s decision in its own initiative enquiry on fundamental rights obligations; notes with concern its conclusion that the agency should ensure a more proactive approach to transparency , including publishing documents that are needed to understand the respective roles and responsibilities of the actors involved in its operations; notes that the agency cannot share information of a tactical nature that could be abused for human trafficking or other illegal activities; calls on the agency to sensibly implement the ombudsman’s recommendations and keep the discharge authority informed about the progress made;


### 12. regrets that , on 31 december 2020 , the establishment plan was 63 ,01 % implemented , with 662 temporary agents appointed out of 1 050 temporary agents authorised under the union budget (compared to 484 authorised posts in 2019); notes that , in addition , 387 contract agents and 185 seconded national experts worked for the agency (with 730 contract agents and 220 seconded national experts authorised for the agency in 2020); ### 12. regrets that , on 31 december 2020 , the establishment plan was 63 ,01 % implemented , with 662 temporary agents appointed out of 1 050 temporary agents authorised under the union budget (compared to 484 authorised posts in 2019); notes that , in addition , 387 contract agents and 185 seconded national experts worked for the agency (with 730 contract agents and 220 seconded national experts authorised for the agency in 2020); reiterates that seconded national experts and contract agents should get the same level of protection under the whistleblower guidelines and that the fswg concluded this is currently not the case;


### 13. recalls that the agency reported to have been notified of 17 cases of alleged harassment in 2020; notes from the agency’s follow-up to the first 2020 discharge report that two of those 17 cases were opened as informal procedures under the agency’s manual of procedures for confidential counsellors while the other 15 cases were closed without further follow-up; welcomes the statements of the acting executive director in the meeting of the committee on budgetary control that the agency remains vigilant in this area and that additional measures have been taken , such as the re-opening of a closed case regarding the suicide of the staff member , to make sure all cases are properly treated; ### 13. recalls that the agency reported to have been notified of 17 cases of alleged harassment in 2020; notes from the agency’s follow-up to the first 2020 discharge report that two of those 17 cases were opened as informal procedures under the agency’s manual of procedures for confidential counsellors while the other 15 cases were closed without further follow-up; welcomes the statements of the acting executive director in the meeting of the committee on budgetary control that the agency remains vigilant in this area and that additional measures have been taken , such as the re-opening of a closed case regarding the suicide of the staff member , to make sure all cases are properly treated; requests the agency to fully cooperate with all relevant authorities in the process and keep the discharge authority informed about the results;


### 13. recalls the discharge authority’s concern about the recruitment of the agency’s fundamental rights monitors in the appropriate grades; calls on the agency to swiftly complete the ongoing recruitment procedures and work on embedding the work of the fro into the operational procedures of the agency; ### deleted


### 14. commends the staff of the agency , that has been through a very difficult period , facing challenges about which the acting executive director made statements in the meeting of the committee on civil liberties , justice and home affairs of 30 may 2022; calls on the executive management of the agency and on the management board to continue with making the agency a safe place to work; takes courage from the statements that many staff members reported wrongdoings they witnessed to their superiors and calls on the agency to make sure that all signals about professional misconduct are taken serious , and properly followed-up; ### 14. commends the staff of the agency , that has been through a very difficult period , facing challenges about which the acting executive director made statements in the meeting of the committee on civil liberties , justice and home affairs of 30 may 2022; calls on the executive management of the agency and on the management board to continue with making the agency a safe place to work that encourages people to speak up; takes courage from the statements that many staff members reported wrongdoings they witnessed to their superiors and calls on the agency to make sure that all signals about professional misconduct are taken serious , and properly followed-up;


### 14. recalls that the correction coefficient for staff in warsaw , poland was 70 ,09 for 2020; acknowledges that lower salaries can have a negative impact on european applicants , and may contribute to frontex’s general difficulties in recruiting; ### deleted


### c. whereas since december 2019 the agency has been implementing a new mandate with an essential scale-up that is significant in terms of missions and staff , that requires an adequate budget; ### c. whereas despite the lack of a needs and impact assessment since december 2019 the agency has been implementing a new mandate that requires an adequate budget;


### 15. notes the gender balance reported for 2020 at senior management level with 15 men (75 %) and 5 women (25 %) , at the level of the management board with 50 men (83 ,3 %) and 10 women (16 ,7 %) , and for the agency’s staff overall , with 870 men (70 ,5 %) and 364 women (29 ,5 %); ### 15. notes with concern the gender balance reported for 2020 at senior management level with 15 men (75 %) and 5 women (25 %) , at the level of the management board with 50 men (83 ,3 %) and 10 women (16 ,7 %) , and for the agency’s staff overall , with 870 men (70 ,5 %) and 364 women (29 ,5 %); calls upon the agency to improve the gender balance in its top management and staff , and report to the discharge authority about the progress made;


### 16. recalls that the european anti-fraud office opened an investigation in 2019 involving the agency; reiterates its call on the agency to fully cooperate with olaf and to keep the discharge authority informed on any developments that are relevant for the discharge procedure; ### deleted


### 17. notes from the agency’s replies to the parliament’s written questions that in total 17 cases of harassment were reported to the agency’s competent entities in 2020; calls on the agency to carefully assess each case , taking a zero-tolerance approach to psychological or sexual harassment; welcomes the training received by the confidential counsellors and the actions undertaken to raise awareness among staff and inform staff on the confidential counsellors; welcomes the online awareness-raising sessions for executive , senior , and middle managers and team leaders , and that dedicated awareness sessions were organised to staff members that signed up for such sessions; ### 17. notes with concern from the agency’s replies to the parliament’s written questions that in total 17 cases of harassment were reported to the agency’s competent entities in 2020; calls on the agency to carefully assess each case , taking a zero-tolerance approach to psychological , sexual or any other kind of harassment , and to proceed swiftly with holding those responsible for this misconduct accountable; welcomes the training received by the confidential counsellors and the actions undertaken to raise awareness among staff and inform staff on the confidential counsellors; welcomes the online awareness-raising sessions for executive , senior , and middle managers and team leaders , and that dedicated awareness sessions were organised to staff members that signed up for such sessions;


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


### 22. recalls the discharge authority’s remarks in the 2019 discharge regarding transparency and interest representation for the agency; notes that the agency implemented a new process to increase transparency and equal opportunities by streamlining industry dialogues; notes that all industry meetings (i-days) were organised online with presentation of more than 60 solutions by 50 companies , with the participation of 430 representatives of the agency , member states and union partners , as well as international organisations; notes that the agency , in addition to the i-days , organised an online demonstration of technological solutions relevant for the implementation of entry-exit-system back-to-back with the international conference on biometrics for borders , showcasing over 100 solutions , with 23 industry presentations to over 470 conference attendees; calls on the agency to comply with the highest standards as regards transparency and to keep its online transparency register up-to-date; ### deleted


### 25. notes the court’s finding that on 1 september 2020 the agency asked the commission for permission to upgrade 100 ast posts into advanced-level posts (grade ad 7 or higher) , for the standing corps and new tasks under the new mandate; notes that the agency , in anticipation of the commission’s reply , on 9 september 2020 , sent out 47 offers to advanced-level candidates with the commission informing the agency that it had no legal authority to upgrade the posts , resulting in the agency immediately withdrawing the 47 job offers; acknowledges the actions undertaken by the agency to achieve the required clarity on its establishment plan from the commission and the pressing nature of the required recruitments; calls on the agency and the commission to improve their communication , closer aligning the agency’s actions with the commission’s decision-making processes to avoid such situations from re-occurring; ### 25. notes the court’s finding that on 1 september 2020 the agency asked the commission for permission to upgrade100 ast posts into advanced-level posts (grade ad 7 or higher) , for the standing corps and new tasks under the new mandate; notes with concern that the agency , in anticipation of the commission’s reply , on 9 september 2020 , sent out 47 offers to advanced-level candidates with the commission informing the agency that it had no legal authority to upgrade the posts , resulting in the agency immediately withdrawing the 47 job offers; emphasises that the agency should have gotten legal assurance from the commission before it proceeded , as this would have prevented unnecessary disturbance that came with the withdrawal; calls on the agency to prevent taking such actions without legal clarity in the future , to avoid such situations from re-occurring;


### 30. recalls the discharge authority’s conditions in the second discharge report of the agency for 2019 for release of a budgetary reserve; notes that the reserve has not been created in the agency’s 2022 budget; calls nevertheless on the agency to inform the discharge authority on the progress made towards the six conditions formulated by the discharge authority; ### 30. recalls the discharge authority’s conditions in the second discharge report of the agency for 2019 for release of a budgetary reserve; notes that the reserve has not been created in the agency’s 2022 budget; recalls the request to the agency to inform the discharge authority on the progress made towards the seven conditions formulated by the discharge authority;


### 31. notes that the european ombudsman handled 13 cases that relate to the agency , six on public access to documents , six on human resources management and one related to fundamental rights; notes that the ombudsman did not provide recommendations in six cases , that the implementation of four recommendations is ongoing and that in three cases the recommendation has already been implemented; ### 31. recalls that the european ombudsman handled 13 cases that relate to the agency , six on public access to documents , six on human resources management and one related to fundamental rights; notes that the ombudsman did not provide recommendations in six cases , that the implementation of four recommendations is ongoing and that in three cases the recommendation has already been implemented;


### 2. deeply regrets that late payments were issued by the agency in 33% of the cases in 2020 and that eur 12 000 of interest was incurred as a consequence of those late payments; notes that the agency has explained this issue in the context of continued understaffing , affecting infrastructure areas in particular; notes that the agency is currently taking actions regarding this outstanding observation; calls on the agency to increase its efforts in this area in order to avoid reputational risk; ### 2. deeply regrets the observation by the court that the agency failed to make payments within prescribed terms as laid down in the financial regulation; notes with regret that late payments were issued by the agency in 33% of the cases in 2020 and that eur 12 000 of interest was incurred as a consequence of those late payments; expresses concern that , according to the court , similar levels of delays were observed in 2019 , 2018 and 2017; notes that the agency has explained this issue in the context of continued understaffing , affecting infrastructure areas in particular; notes that the agency is currently taking actions regarding this outstanding observation; calls on the agency to increase its efforts in this area in order to avoid reputational risk;


### 2. notes that the agency paid late in 33 % of cases and , as a consequence , paid interest amounting to eur 12 000 on those late payments; notes that the court observed similar levels of delay in 2019 , 2018 and 2017 , which exposes the agency to financial and reputational risks; notes that , in its reply to the court’s observation , the agency mentioned staffing issues , the covid-19 pandemic and a backlog in invoices for travel services; notes that the agency’s reply does not address the structural character of late payments and calls on the agency to review its payment process to identify where the delays originate and to increase its efforts in making payments within prescribed terms in order to eliminate those weaknesses; ### 2. notes with concern that the agency paid late in 33 % of cases and , as a consequence , paid interest amounting to eur 12 000 on those late payments; notes that the court observed similar levels of delay in 2019 , 2018 and 2017 , which exposes the agency to financial and reputational risks; recalls that the financial regulation states that union bodies , offices and agencies must make payments within prescribed timelines , and that the court notes that the agency failed to do so; notes that , in its reply to the court’s observation , the agency mentioned staffing issues , the covid-19 pandemic and a backlog in invoices for travel services; notes that the agency’s reply does not address the structural character of late payments and calls on the agency to review its payment process to identify where the delays originate and to increase its efforts in making payments within prescribed terms in order to eliminate those weaknesses;


### 3. notes that the agency is addressing the 2019 court’s finding relating to the weaknesses in contract management and ex ante controls linked to the fact that the agency irregularly prolonged again the duration of a framework contract for the provision of business travel services by signing an amendment after the contract had expired; takes note of the agency's commitment to have an internal audit on contract management in 2021 with a view to obtaining additional assurance on its contract management arrangements; calls on the agency to improve the regularity of transactions; ### 3. regrets that the agency has not yet addressed the 2019 court’s finding relating to the weaknesses in contract management and ex ante controls linked to the fact that the agency irregularly prolonged again the duration of a framework contract for the provision of business travel services by signing an amendment after the contract had expired; recalls that this was a further amendment signed to the same contract in 2018 and notes that although a new framework contract for business travel services entered in force in 2019 , the agency decided to extend the old contract; takes note of the agency's commitment to have an internal audit on contract management in 2021 with a view to obtaining additional assurance on its contract management arrangements; calls on the agency to ensure the regularity of transactions;


### 4. welcomes the creation of the european financial and economic crime centre to support activities of national authorities by providing operational and strategic assistance and the creation of the europol innovation lab; ### deleted


### 5. notes the order of the european data protection supervisor (edps) issued in january 2022 to the agency to erase data concerning individuals with no established link to a criminal activity (‘data subject categorisation’ or ‘dsc’); notes that the order concerned large and complex datasets owned by member states and operational partners which are provided to the agency in connection with investigations supported within its mandate; notes that the agency proactively requested the edps for guidance in april 2019; acknowledges that the decision of the edps highlights that it is not possible for the agency , when receiving large datasets , to ascertain that all information contained in those large datasets complies with the dsc assignment; ### 5. notes with concern the official warning given to the agency by the european data protection supervisor (edps) in september 2020 regarding the storage of data concerning individuals with no established link to criminal activity (‘data subject categorisation’ or ‘dsc’); notes with regret that the agency did not sufficiently address the concerns of the edps as regards the storage of large quantities of data of individuals with no established link to criminal activity; notes with deep concern the order of the edps issued in january 2022 to the agency to erase data concerning those individuals; notes that the order concerned large and complex datasets owned by member states and operational partners which are provided to the agency in connection with investigations supported within its mandate; notes that the agency proactively requested the edps for guidance in april 2019; stresses that even though it might be challenging for the agency , when receiving large datasets , to ascertain that all information contained in those large datasets complies with the dsc assignment , the agency must comply at all times with relevant union law;


### 6. notes that , since the request for guidance from the agency , the edps has been in a dialogue with the agency about the matter , that it set up a dedicated action plan and that the agency has been given 12 months to implement the order to proceed with dsc for all datasets existing on the day of the decision of the edps and six months from the date of reception of new datasets; notes the agency's stated commitment to the highest standards of data protection , noting that regulation (eu) 2016/794 does not contain an explicit provision regarding a maximum time period to determine the dsc and that the decision of the edps will impact the agency's ability to analyse complex and large datasets at the request of the union's law enforcement organisations since the agency's support frequently entails a period longer than six months , as illustrated by some of the agency’s most prominent cases in recent years; calls on the agency and the legislator , where appropriate , to find ways to comply with and address the edps' concerns; ### 6. notes that , since the request for guidance from the agency , the edps has been in a dialogue with the agency about the matter , that it set up a dedicated action plan and that the agency has been given 12 months to implement the order to proceed with dsc for all datasets existing on the day of the decision of the edps and six months from the date of reception of new datasets; notes the agency's remark that the decision of the edps will impact the agency's ability to analyse complex and large datasets at the request of the union's law enforcement organisations; stresses that the agency regardless should comply with legal standards of data storage and data protection; calls on the agency to comply with , and address the order of the edps , screen its data sets and erase all data necessary to comply to the order within 12 months from the decision of the edps;


### 9. notes the gender distribution reported for 2020 for senior and middle management , with 82 ,78 % being men (149 men and 31 women) , for the management board , with 79 ,25 % being men (42 men and 11 women) and for staff , with 71 ,83 % being men (413 men and 162 women); asks the commission and the member states to take into account the importance of ensuring gender balance when nominating their members to the agency’s management board; ### 9. notes with concern the gender distribution reported for 2020 for senior and middle management , with 82 ,78 % being men (149 men and 31 women) , for the management board , with 79 ,25 % being men (42 men and 11 women) and for staff , with 71 ,83 % being men (413 men and 162 women); calls upon the commission and the member states to better take into account the importance of ensuring gender balance when nominating their members to the agency’s management board; acknowledges diversity as one of the agency’s strategic pillars , but calls upon the agency to strive for more gender equality in its middle management and total staff;


### 12. notes that the agency extended the duration of one framework contract , for the provision of business travel services , by signing an amendment to it after it had expired in 2018; notes that the court found that practice irregular; notes that the agency also signed a further amendment to that same contract on 29 march 2019 , which demonstrated weaknesses in contract management and ex-ante controls; notes the agency’s reply that its decision to extend the contract in 2019 was the result of a thorough assessment to preserve business continuity and did not constitute a weakness in ex-ante controls; welcomes the fact that the agency commenced an internal audit in the fourth quarter of 2020 with a view to obtaining additional assurance on the agency’s contract management approach; further notes that the related travel services contract expired in march 2020; ### 12. notes that the agency extended the duration of one framework contract , for the provision of business travel services , by signing an amendment to it after it had expired in 2018; notes with concern that the court found that practice irregular; notes that the agency also signed a further amendment to that same contract on 29 march 2019 , which demonstrated weaknesses in contract management and ex-ante controls; notes the agency’s reply that its decision to extend the contract in 2019 was the result of a thorough assessment to preserve business continuity and did not constitute a weakness in ex-ante controls; welcomes the fact that the agency commenced an internal audit in the fourth quarter of 2020 with a view to obtaining additional assurance on the agency’s contract management approach; further notes that the related travel services contract expired in march 2020;


### 18. notes that the agency reacted swiftly to the covid-19 outbreak and implemented several new actions in order to manage the crisis with as little impact on the agency’s work as possible , while keeping health and safety as its first priority; notes , however , that the covid-19 pandemic had a direct impact on the agency’s efforts towards implementing a number of actions and reaching the targets of the 2020 work programme , especially those related to physical presence at the agency’s headquarters , such as operational and other meetings of investigators and analysts , and to administrative procedures that are not based on an electronic workflow; ### 18. notes that the agency reacted swiftly to the covid-19 outbreak and implemented several new actions in order to manage the crisis with as little impact on the agency’s work as possible , while keeping health and safety as its first priority; notes , however , that the covid-19 pandemic had a direct impact on the agency’s efforts towards implementing a number of actions and reaching the targets of the 2020 work programme , especially those related to physical presence at the agency’s headquarters , such as operational and other meetings of investigators and analysts , and to administrative procedures that are not based on an electronic workflow; calls upon the agency to digitise administrative procedures as much as possible;


### 23. welcomes the efforts undertaken by the agency to put in place a comprehensive strategy for sustainability and to reduce co2 emissions , such as improved recycling practices and the usage of environmentally friendly energy; ### 23. welcomes the efforts undertaken by the agency to put in place a comprehensive strategy for sustainability and to reduce co2 emissions , such as improved recycling practices and the usage of environmentally friendly energy; encourages the agency to share its challenges and lessons learned in that context for the dicharge of the next financial year , and within the eu agencies network;


### a. whereas present-day terrorism and organised crime are becoming increasingly dynamic , complex , globalised , mobile and mainly transnational phenomena , which require a robust response and more effective , coordinated eu cooperation with international law enforcement authorities and bodies such as the international criminal police organization (interpol); whereas the 2020 eu security union strategy calls on the member states to step up cooperation between the eu and interpol , as this is essential to enhancing cooperation and information exchange; ### a. whereas serious crimes are becoming increasingly transnational phenomena , which require a robust response and more effective , coordinated eu cooperation with international law enforcement authorities and bodies such as the international criminal police organization (interpol);


### a. whereas interpol is the world’s largest international criminal police organisation and has an important role to play all over the world; ### a. whereas interpol is the world’s largest international criminal police organisation; whereas the eu as the largest donor of funds to interpol has an important role to play in influencing the functioning of the organization , notably in improving its transparency and accountability;


### b. whereas international cooperation is a main component of effective law enforcement and judicial cooperation , especially if it involves the processing and sharing of personal data; whereas bilateral agreements with key partners play an important role in obtaining information and evidence from beyond the eu; ### b. whereas international cooperation in full respect of fundamental rights is a main component of effective law enforcement and judicial cooperation , especially if it involves the processing and sharing of personal data; whereas bilateral agreements in full respect of fundamental rights with key partners play an important role in obtaining information and evidence from beyond the eu;


### b. whereas in december 2021 , the commission entered into negotiations on behalf of the eu on an international agreement seeking reinforced cooperation with interpol , including access to the organisation’s databases and strengthening operational and strategic cooperation; whereas the commission expects to conclude these negotiations by the end of 2022; ### b. whereas in december 2021 , the commission entered into negotiations on behalf of the eu on an international agreement seeking reinforced cooperation with interpol , including access to the organisation’s databases; whereas the commission expects to conclude these negotiations by the end of 2022;


### c. whereas interpol is one of the largest inter-governmental criminal police organisations and has an important role to play all over the world; whereas the commission , on behalf of the eu , is seeking reinforced cooperation with interpol , including access to interpol databases and the strengthening of operational and strategic cooperation: whereas it is paramount to ensure that measures are put in place to guarantee the integrity and correctness of data in practice; ### c. whereas interpol is the largest inter-governmental criminal police organisations; whereas the commission , on behalf of the eu , is seeking reinforced cooperation with interpol , including access to interpol databases: whereas it is paramount to ensure that measures are put in place to guarantee the integrity and correctness of data in practice;


### c. whereas the agreement would allow the eu agencies to access interpol’s databases in line with their mandates and to respond to operational needs; ### c. whereas the agreement would allow the eu agencies to access interpol’s databases in line with their mandates and should conform with the eu's data protection regime and human rights standards;


### d. whereas the eu and interpol already have long-standing cooperation in a range of law enforcement-related areas through the operational implementation of the eu policy cycle - empact (european multidisciplinary platform against criminal threats) and by supporting the activities of member states in cooperation with eu agencies , such as the eu agency for law enforcement cooperation (europol) , the european border and coast guard agency (frontex) , the eu agency for law enforcement training (cepol) , the european monitoring centre for drugs and drug addiction (emcdda) , the eu agency for the operational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) , on the basis of agreements or working arrangements; whereas on 5 november 2001 , europol and interpol signed an operational agreement followed by a memorandum of understanding allowing the transfer of personal data through their respective liaison officers; whereas on 27 may 2009 frontex signed a working agreement with interpol establishing a framework for cooperation with the objective of facilitating the prevention , detection and combating of cross-border crime and improving border security to combat illegal immigration , people smuggling and trafficking in human beings; ### d. whereas the eu and interpol already cooperate in a range of law enforcement-related areas through the operational implementation of the eu policy cycle - empact (european multidisciplinary platform against criminal threats) and by supporting the activities of member states in cooperation with eu agencies on the basis of agreements or working arrangements; whereas on 5 november 2001 , europol and interpol signed an operational agreement followed by a memorandum of understanding allowing the transfer of personal data through their respective liaison officers; whereas on 27 may 2009 frontex signed a working agreement with interpol establishing a framework for cooperation with the objective of facilitating the prevention , detection and combating of cross-border crime and improving border security to combat illegal immigration , people smuggling and trafficking in human beings;


### e. whereas interpol’s 19 databases , which include potentially valuable information , are directly accessible by eu member states as member countries of interpol , while eu agencies such as frontex , the eu agency for criminal justice cooperation (eurojust) and the european public prosecutor’s office (eppo) currently do not have any access to these databases – either directly or on a ‘hit/no hit’ basis – due to the lack of an agreement with interpol , which is required for this purpose under interpol’s rules on the processing of data; ### e. whereas interpol’s 19 databases are directly accessible by eu member states as member countries of interpol , while eu agencies such as the eu agency for criminal justice cooperation (eurojust) and the european public prosecutor’s office (eppo) currently do not have any access to these databases – either directly or on a ‘hit/no hit’ basis – due to the lack of an agreement with interpol , which is required for this purpose under interpol’s rules on the processing of data;


### f. whereas current cooperation between the eu and interpol should be stepped up and extended to new areas; whereas procedures should be improved , accelerated and streamlined to address a series of indispensable operational needs in order to facilitate swift access to information related to counter-terrorism including interpol notices containing information on terrorists in order to increase cooperation to counter shared threats such as terrorism , organised crime , cybercrime , child sexual abuse and trafficking in human beings; ### deleted


### f. whereas interpol has reformed and strengthened the review processes for its red notices; whereas , however , serious concerns remain that data sharing is being abused by authoritarian states to persecute human rights defenders through deliberate targeting and other forms of abuse; ### f. whereas interpol has reformed and strengthened the review processes for its red notices; whereas , however , serious concerns remain that data sharing is being abused by third countries to persecute human rights defenders , journalists , lawyers , civil society activists and political opponents through deliberate targeting and other forms of abuse;


### g. whereas the eu is the largest donor of funds to interpol , which are mainly assigned to information exchange , law enforcement , including border management cooperation and capacity building activities , and projects and programmes targeting a range of terrorism and serious crime activities; ### g. whereas the eu is the largest donor of funds to interpol , which are mainly assigned to information exchange , law enforcement , including border management cooperation and capacity building activities , and projects and programmes targeting a range of terrorism and serious crime activities; whereas this gives the eu an important role to play in influencing the functioning of interpol and improving its transparency and accountability;


### h. whereas the new agreement should establish a modern and coherent framework for the eu’s agencies’ cooperation with interpol , taking into account the latest developments in combating terrorism and cross-border , transnational , serious and organised crime; whereas the agreement should respond to current operational needs , as well as to the eu’s latest data protection regime and provide the legal basis for the exchange of operational information and access to relevant interpol databases; ### h. whereas the new agreement should establish a modern and coherent framework for the eu’s agencies’ cooperation with interpol; whereas the agreement should respond to current operational needs , as well as to the eu’s latest data protection regime and fundamental rights standards , and provide the legal basis for access to relevant interpol databases;


### h. whereas politically motivated red notices are enabling authoritarian governments to persecute human rights defenders and political and other opponents beyond their borders; ### h. whereas politically motivated red notices and diffusions are enabling authoritarian regimes to persecute human rights defenders , civil society activists , journalists , lawyers and political opponents in violation of international human rights standards;


### i. whereas interoperability has been a priority since at least , may 2019 , when the framework for interoperability between eu information systems in the area of justice and home affairs was adopted; whereas an advanced and shared data infrastructure is currently in place in the eu for police and judicial cooperation , asylum and migration , as well as borders and visa; whereas this advanced and shared data infrastructure , and the systems and eu databases that constitute it , allows for very limited and highly regulated information sharing with third countries or international organisations; ### i. whereas in may 2019 the framework for interoperability between eu information systems in the area of justice and home affairs was adopted; whereas a shared data infrastructure is being put in place in the eu for police and judicial cooperation , asylum and migration , as well as borders and visa; whereas the interoperability regulation (eu) 2019/818 explicitly prevents the transfer or making available of personal data to any third country , to any international organisation or to any private party;


### j. whereas according to the negotiation mandate the new agreement should regulate cooperation between europol , the eppo , eurojust and frontex and provide direct access by these agencies and member states for the performance of their tasks to two of interpol’s databases - the stolen and lost travel document (sltd) and travel document associated with notices (tdawn) databases via the european search portal (esp) , in compliance with eu data protection requirements and with fundamental rights; ### j. whereas the new agreement should regulate cooperation between europol , the eppo and eurojust and provide access by these agencies and member states for the performance of their tasks to two of interpol’s databases - the stolen and lost travel document (sltd) and travel document associated with notices (tdawn) databases via the european search portal (esp) , in compliance with eu data protection requirements and with fundamental rights;


### k. whereas international organisations continue to report abuses by some states of interpol’s notice system in order to persecute national human rights defenders , civil society activists and journalists in violation of international standards on human rights; whereas according to reports by international actors , interpol has significantly reformed and strengthened its red notices review processes , as well as its support systems for national central bureaus in member countries , reformed the setup and functioning of the commission for the control of files , enforcing its complaints mechanism , appointed a data protection officer and implemented a learning and knowledge-sharing programme; ### k. whereas international civil society organisations continue to report abuses by some states of interpol’s notice and diffusion system in order to persecute political opponents , national human rights defenders , lawyers , civil society activists and journalists in violation of international standards on human rights and interpol's own rules; whereas according to reports by international actors , interpol has significantly reportedly reformed and strengthened its red notices review processes , as well as its support systems for national central bureaus in member countries , introduced a policy to protect refugees from abusive red notices and diffusions , reformed and strengthened its red notices review processes , as well as its support systems for national central bureaus in member countries , reformed the setup and functioning of the commission for the control of files , enforcing its complaints mechanism , appointed a data protection officer and implemented a learning and knowledge-sharing programme;


### l. whereas russia still remains a member of interpol and whereas cooperation with the european union and interpol members is based on trust; whereas trust between parties relies on the swift tackling of misuse of interpol notices by countries seeking to use interpol systems for political ends; whereas , in this context , interpol’s systems must respect human rights and the rule of law , and uphold its commitments on political , religious or military abuse; ### l. whereas russia still remains a member of interpol; whereas cooperation between the european union and interpol member countries is underpinned by trust in interpol’s systems; whereas trust in interpol’s system of red notices and diffusions relies on the prevention of misuse of interpol’s systems for political and repressive ends; whereas interpol’s must ensure that the data processed through its systems comply with human rights , rule of law , and the prohibition on the organisation to undertake any intervention or activities of a political , religious , racial or military character;


### 1. recalls that european values and fundamental rights must be the basis of european security policies , ensuring respect for the principles of necessity , proportionality and legality and safeguarding accountability and judicial redress , while enabling effective protection of individuals , particularly the most vulnerable; recalls , further , that these principles should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework for the many systems in justice and security , including borders; ### 1. recalls that european values and fundamental rights must be the basis of european security policies , ensuring respect for the principles of necessity , proportionality and legality and safeguarding accountability and judicial redress , while enabling effective protection of individuals , particularly the most vulnerable; recalls , further , that these principles should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework for the many systems in justice and security , including borders; strongly regrets no fundamental rights assessment was performed for the envisaged agreement with interpol;


### 1. stresses that cooperation and information sharing are important tools to combat crime and terrorism and pursue justice , but need to be targeted and used with common safeguards and checks; ### 1. stresses that cooperation and information sharing are important tools to combat crime and terrorism and pursue justice , but need to be in full conformity with international human rights standards and with the principles of necessity , proportionality and legality;


### 2. believes that it is paramount to ensure that the final agreement strikes a reasonable balance between preventing impunity for serious crimes and respecting the rights of persons whose data is exchanged by or with interpol; ### 2. believes that it is paramount to ensure that the final agreement guarantees the respect of the rights of persons whose data is exchanged by or with interpol , notably their rights to data protection and privacy and their right to a fair trial;


### 3. recommends that the commission ensure access to interpol’s different databases on the basis of the needs and scope of competences of the different eu agencies; recalls that interpol’s databases contain millions of records with information that could directly help to combat appalling crimes , such as child sexual exploitation , on which interpol’s database holds more than 2.7 million images and videos and of which the database has helped identify 23 564 victims worldwide; ### 3. recommends that the commission ensure access to interpol’s different databases on the basis of the needs and scope of competences of the different eu agencies; asks the commission to clearly define those needs in the agreement;


### 3. calls on the member states to honour the commitment they made in the framework of europol cooperation and to support interpol in promoting and enhancing existing standards; ### 3. calls on the member states to honour the commitment they made in the framework of europol cooperation and to support interpol in promoting and enhancing the highest level of human rights standards;


### 4. recommends that the commission provide during the negotiations on controlled access to interpol’s databases by eu member states and eu agencies the necessary safeguards and guarantees to ensure full compliance with the eu data protection framework and fundamental rights; stresses that the agreement should at least provide the safeguards already provided by the europol regulation; ### 4. recommends that the commission provide during the negotiations on controlled access to interpol’s databases by eu member states and eu agencies the necessary safeguards and guarantees to ensure full compliance with the eu data protection framework and fundamental rights;


### 4. acknowledges the risk of data misuse by some interpol members; underlines the need , therefore , for the eu and interpol to take more effective action against interpol members by suspending those that fail to respect international law and interpol’s own rules , thereby denying them of access to eu and other third country databases; ### 4. underscores the data misuse by some interpol members; underlines the need , therefore , for the eu and interpol to take more effective action against interpol members by suspending those that fail to respect international law and interpol’s own rules , thereby denying them of access to eu and other third country databases;


### 5. recommends special vigilance during the negotiations due to the sensitivity of the data concerned and to the number of third countries members of interpol , which are not party to an equivalent agreement with the eu or whose authorities to which personal data is intended to be transferred are not covered by a commission adequacy decision; ### 5. recommends special vigilance during the negotiations due to the sensitivity of the data concerned and to the number of third countries members of interpol , which are not party to an equivalent agreement with the eu or whose authorities are not covered by a commission adequacy decision;


### 5. strongly condemns the abuse by some states of interpol’s notice system in order to persecute opponents beyond their borders; ### 5. strongly condemns the abuse by some states of interpol’s notice and diffusion system in order to persecute political opponents , journalists , lawyers , human rights defenders and civil society activists beyond their borders; considers that the recent reform of the notice review process as insufficient to effectively address this phenomenon and to ensure accountability and transparency of this process;