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


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


### 1. acknowledges the role of human rights defenders and their legal representatives; deplores the fact that environmental defenders are facing threats of violence; ### 1. acknowledges the inextricable link between human rights and environmental protection and underlines the key role of human rights defenders and their legal representatives in this regard; condemns all acts of violence , harassment and intimidation committed against them; calls on the member states to ensure that all such acts are investigated appropriately and effectively; calls on the member states to establish and safeguard , in law and in practice , a safe , secure environment for human rights defenders in the area of the environment which enables them to carry out their work , and to guarantee them effective access to justice and appropriate legal remedies;


### 1. stresses that human rights and a healthy planet are mutually dependent; calls for the eu and its member states to act as a credible and reliable partner on the global stage through the adoption , strengthening and implementation of legislation aligned with a comprehensive human rights-based approach to climate action (hrba) , to guide policies and measures of climate change mitigation and adaptation while protecting the rights of all; ### 1. stresses that human rights and a healthy planet are mutually dependent; calls for the eu and its member states to act as a credible and reliable partner on the global stage through the adoption , strengthening and implementation of legislation aligned with a comprehensive human rights-based approach to climate action (hrba) , to guide and ensure that policies and measures of climate change mitigation and adaptation are adequate , sufficiently ambitious , non-discriminatory and compliant with human rights obligations; notes that principles and standards derived from international human rights law should guide all policies and programming related to climate change , and at all stages of the process;


### 1. stresses that developing countries are the most exposed to climate change , and that their human rights activists and environmental defenders are particularly subjected to threats , repression and judicial persecution for defending their land , heritage and environment from the consequences of the exploitation of natural resources; ### 1. stresses that developing countries are the most exposed to climate change , and that their human rights activists and environmental defenders are particularly subjected to threats , repression and judicial persecution for defending their land , heritage and environment from the consequences of the exploitation of natural resources; highlights that while attacks and threats happen everywhere in the world , the un special rapporteur on human rights defenders outlines that it is particularly dramatic in latin america and asia where many international investors , companies and local governments ignore the legitimate concerns of the population; stresses that a number of environmental conflicts could be avoided by prior consultation and active participation of local communities , indigenous peoples and environmental activists;


### 2. calls for the eu and its member states to protect freedom of expression and media freedom and pluralism and to ensure the safety and protection of journalists in external relations; ### 2. is deeply concerned by the growing deterioration in the situation of environmental defenders , whistle-blowers , journalists and legal professionals specialising in the environment throughout the world , including in the european union; calls for the eu and its member states to protect freedom of expression and media freedom and pluralism and to ensure the safety and protection of journalists; points out that whistleblowing is a fundamental aspect of freedom of expression and plays a central role in deterring and preventing wrongdoing and in strengthening democratic accountability and transparency; calls in this context on the commission to monitor the transposition and guarantee the full application by the member states of directive (eu) 2019/1937 on the protection of persons who report breaches of union law;


### 2. is deeply concerned about the increased criminalisation and persecution of environmental activists in developing countries by governments and multinational companies that are investing in the exploitation of natural , non-renewable resources , thus contributing to deforestation , loss of biodiversity and human rights violations , mostly affecting indigenous peoples; ### 2. is deeply concerned about the increased criminalisation and persecution of environmental activists in developing countries by governments and multinational companies that are investing in the exploitation of natural , non-renewable resources , thus contributing to deforestation , loss of biodiversity and human rights violations , mostly affecting indigenous peoples and local communities; in this respect , reminds that they play a vital role for sustainable management of natural resources and conservation of biodiversity , while the lack of recognition of their customary land rights generates risks of landgrabbing , thereby jeopardising their livelihoods and their ability to respond to climate change or biodiversity loss; calls the eu to put an end to conservation projects which evict indigenous peoples from their homelands; recommends that eu member states which have not done so to ratify international labour organisation convention 169 on indigenous and tribal peoples; in particular , urges the eu and its partner countries to recognise and protect indigenous people’s rights to customary ownership and control of their lands and natural resources as set out in the undrip and ilo convention 169 and to comply with the principle of free , prior and informed consent , i.e. by enabling collective registration of land;


### 3. supports the commission in strengthening democracy , the rule of law and human rights in the eu’s external action and in developing initiatives to combat organised crime , illegal land grabs and deforestation; strongly supports the development of stable institutions and enforceable justice and the promotion of good governance in the countries concerned; ### 3. asks the commission always to put democracy , the rule of law and human rights at the centre of the eu’s external action and to draw up and boost initiatives to combat organised crime , illegal land grabs and deforestation;


### 3. believes that in the next few years climate change will create more environmental migrants from developing countries , and that in order to better protect their human rights , environmental refugee status needs international recognition; ### 3. believes that in the next few years climate change will create more environmental migrants from developing countries , and that in order to better protect their human rights , environmental refugee status needs international recognition; welcomes , in this respect , the landmark decision of the un human rights committee in the case of teitiota v. new zealand recognising that that people fleeing climate-related and natural disasters have a valid claim for international protection under the international covenant on civil and political rights; urges the commission and the member states to take stock of this ruling and take all the necessary measures to ensure full protection of environmentally displaced persons under eu law and to provide appropriate asylum for climate refugees , while creating channels for safe and regular migration; in particular , proposes that a climate pass is issued to persons coming from a country , territory or island which will be inhabitable due to climate change as a way to offer protection from vulnerability and statelessness and that change in the environment due to climate change be added as one of the eligibility criteria for humanitarian protection; calls on the commission and member states to put forward such solutions in international fora , in parallel to other eu initiatives; recalls that oda must keep its purposes of eradicating poverty , reducing inequality , meeting humanitarian needs and respect human rights , never be conditional on migration control;


### 4. reiterates its position that all relevant eu policies , instruments and tools , including trade agreements , as well as development aid and visa policies should be linked with cooperation and respect for the rule of law and the principles of good governance; believes that this cooperation should be based on the ‘more for more’ principle and that insufficient cooperation , intimidation , repression and violence against indigenous people and environmental defenders should result in a reduction in external aid and support , without affecting humanitarian aid; ### 4. reiterates its position that all relevant eu policies , instruments and tools , including trade agreements , as well as development aid and visa policies must always be based on the highest european and international environmental and human rights standards and must include the paris agreement and the 2030 agenda for sustainable development as points of reference for cooperation with non-eu countries; calls on the commission to conduct specific impact assessments on human rights and gender equality before concluding any trade negotiation and to suspend or amend preferential trade agreements or arrangements whenever human rights , including those of environmental defenders , are systematically violated;


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


### 4. deems that the introduction of binding eu legislation on business due diligence can help improve the defence of human rights and compliance with environmental standards in the fight against climate change in developing countries; calls on the commission to continue working towards the approval of the un binding treaty for transnational corporations on human rights; ### 4. deems that the introduction of eu legislation on binding and mandatory business due diligence can help improve the defence of human rights and compliance with environmental standards in the fight against climate change in developing countries; in particular , reiterates that eu investment and trade agreements should include binding and enforceable provisions to address climate change , deforestation , biodiversity loss and the protection of the rights of indigenous peoples and local communities , through an effective monitoring and sanctions mechanism; calls on the commission to continue working towards the approval of the un binding treaty for transnational corporations on human rights , which ensures access to justice for victims of human rights violations and provide mechanisms for redress and accountability for the communities affected;


### 5. calls for the eu and its member states to provide financial and technical assistance for indigenous people , refugees and displaced people in hosting communities; ### 5. calls for the eu and its member states to provide financial and technical assistance to implement support programmes for those most vulnerable to the consequences of climate change , such as indigenous people , refugees and displaced people;


### 5. calls on the commission to check carefully that the infrastructure and energy projects financed through the various development cooperation and external policy instruments , including through the european investment bank , do not jeopardise human rights , the sustainable development goals , the objectives of the paris agreement to combat climate change or the european green deal; ### 5. calls on the commission to check carefully that the infrastructure and energy projects financed through the various development cooperation and external policy instruments , including through the european investment bank , do not jeopardise human rights , the sustainable development goals , the objectives of the paris agreement to combat climate change or the european green deal; more broadly , recalls that a rights-based approach should be operationalised and strictly applied and respected in all oda funded projects , particularly regarding the rights of pastoralists and indigenous people , which implies to provide i.e. effective complaint and redress mechanisms , in accordance with commission recommendation 2013/396/eu of 11 june 2013 , notably in case climate actions violate their rights;


### 6. supports a human rights-based approach to migration governance in third countries and the strengthening of the capacity of states , civil society and un partners to implement this approach. ### 6. underlines the need to strengthen a human-rights-based approach to migration at eu and international level , in full cooperation with civil society and un partners; proposes that any change in the environment due to climate change be explicitly listed among eligibility criteria for humanitarian protection; calls on the commission and the member states to present any such proposals at international forums , alongside other eu initiatives;


### 6. invites the commission to do more to protect human rights defenders , environmental activists and organisations engaged in the fight against climate change in developing countries. ### 6. invites the commission to do more to protect human rights defenders , environmental activists and organisations engaged in the fight against climate change and biodiversity loss in developing countries; urges the states to recognize that defenders of biodiversity , that aim to a safe , clean , healthy and sustainable development , are also human rights defenders; in addition , calls on the eu and its member states to examine the case for giving legal personality to nature , thereby strengthening the legal protection of the environment;


### — having regard to the council conclusions of 15 may 2017 on indigenous peoples , of 19 november 2018 on water diplomacy , of 17 june 2019 on eu action to strengthen rules-based multilateralism and of 20 january 2020 on climate diplomacy , ### — having regard to the council conclusions of 15 may 2017 on indigenous peoples and the joint staff working document implementing eu external policy and on indigenous peoples of 17 october 2016 , of 19 november 2018 on water diplomacy , of 17 june 2019 on eu action to strengthen rules-based multilateralism and of 20 january 2020 on climate diplomacy ,


### h. whereas it is widely recognised that the human rights obligations of states and the human rights responsibilities of the private sector have specific implications in relation to climate change; whereas failure to protect the environment and those who defend it is contrary to the legally binding human rights obligations of states and could constitute a violation of the right to a healthy environment; ### h. whereas it is widely recognised that the human rights obligations of states and the human rights responsibilities of the private sector have specific implications in relation to climate change; whereas failure to protect the environment and those who defend it is contrary to the legally binding human rights obligations of states and could constitute a violation of the right to a healthy environment; whereas a growing number of business activities and operations in third countries , including by eu-based companies , result in serious human rights and environmental impacts;


### l. whereas the human rights consequences of climate change will be felt not only by the most vulnerable people , but by the whole of the world’s population; whereas the figures for disease and premature death resulting from environmental pollution are already three times greater than those for aids , tuberculosis and malaria combined , threatening the right to life , a healthy environment and clean air; ### l. whereas the human rights consequences of climate change will be felt not only by the most vulnerable people , but by the whole of the world’s population; whereas the most vulnerable communities causing the least pollution and environmental destructions suffer the most from direct consequences of climate change; whereas the figures for disease and premature death resulting from environmental pollution are already three times greater than those for aids , tuberculosis and malaria combined , threatening the right to life , a healthy environment and clean air;


### o. whereas covid-19 restrictions and lockdowns have reduced transparency and monitoring of human rights violations , and have intensified political intimidation and digital surveillance , while limiting access to justice and the abilities of environmental defenders and local and indigenous communities to effectively participate in decision-making processes; whereas lockdowns of indigenous communities have limited their ability to patrol and protect their territories; ### o. whereas covid-19 restrictions and lockdowns have reduced transparency and monitoring of human rights violations , and have intensified political intimidation and digital surveillance , while limiting access to justice and the abilities of environmental defenders and local and indigenous communities to effectively participate in decision-making processes; whereas lockdowns of indigenous communities have limited their ability to patrol and protect their territories; whereas the capacity of the international community to observe and investigate such alleged violations has been considerably diminished due to the pandemic;


### s. whereas the climate crisis amplifies gender inequalities , as extreme weather events , natural disasters and long-term environmental degradation threaten homes , livelihoods and community social networks and infrastructure with disproportionate impacts on women and girls; ### s. whereas the climate crisis amplifies gender inequalities , as extreme weather events , natural disasters and long-term environmental degradation threaten homes , livelihoods and community social networks and infrastructure with disproportionate impacts on women and girls , which include increased unpaid care and domestic work of women , prevalence of gender-based violence and the marginalization of women’s education , participation and leadership;


### t. whereas violence against women environmental activists and defenders of environmental rights has become a well-documented trend; ### t. whereas violence against women environmental activists and defenders of environmental rights has become a well-documented trend; whereas they suffer from gender-specific forms of violence and intimidation;


### 7. encourages the eu and the member states to take a bold initiative within the international criminal court (icc) in order to pave the way towards new negotiations between the parties with a view to recognising ‘ecocide’ as an international crime under the rome statute; ### 7. encourages the eu and the member states to take a bold initiative within the international criminal court (icc) in order to pave the way towards new negotiations between the parties with a view to recognising ‘ecocide’ as an international crime under the rome statute; calls on the commission and the eu vp/hr , with the active involvement of his special representative for human rights , to promote an eu initiative in this regard , as well as to establish a programme to build the capacity of national jurisdictions of member states in these fields;


### 8. calls on the union and its member states to deeply assess how the external dimension of the european green deal can best contribute to a holistic and human rights-based approach to climate action and to stopping biodiversity loss; calls for the eu to leverage the broad range of external policies , tools and political and financial instruments at its disposal to implement it; calls for the eu to revise its climate finance mechanisms in order to ensure full respect for human rights and to establish strong safeguards for this purpose; ### 8. calls on the union and its member states to deeply assess how the external dimension of the european green deal can best contribute to a holistic and human rights-based approach to climate action and to stopping biodiversity loss; calls for the eu to leverage the broad range of external policies , tools and political and financial instruments at its disposal to fully comply with and implement it; calls for the establishment of climate focal points within the relevant services of the commission and the european external action service , which would inter alia ensure the climate-proofing of all eu external dealings; calls for the eu to revise its climate finance mechanisms in order to ensure full respect for human rights and to establish strong safeguards for this purpose;


### 9. calls on the commission to increase financial and technical assistance and capacity building activities to support third countries with the integration of human rights in their national climate actions and programmes; recalls its position that at least 45 % of the funding from the proposed 2021-2027 neighbourhood , development and international cooperation instrument (ndici) should support climate and environment objectives; ### 9. calls on the commission to increase financial and technical assistance and capacity building activities to support third countries with the integration of human rights in their national climate actions and programmes; recalls its position that at least 45 % of the funding from the proposed 2021-2027 neighbourhood , development and international cooperation instrument (ndici) should support climate and environment objectives; insists that all activities of european financial institutions , notably the european investment bank and the european bank for reconstruction and development , in third countries , are strictly consistent with the eu’s climate commitments and apply a hrba in all their external dealings; calls for the establishment of a complaints and redress mechanism for individuals or groups whose rights would have been violated by such activities;


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


### 19. reiterates its position on the need for the eeas , the commission and the member states to invest in and strengthen specific protection mechanisms and programmes for environmental human rights defenders , and to promote and facilitate access to protection mechanisms for local and indigenous defenders; ### 19. calls on the eu and its member states to support environmental rights defenders and their legal representatives , both politically and financially as well as to raise individual cases related but not limited to land rights , labour rights , natural resources , environmental issues , climate change , and those resulting from corporate abuses; reiterates its position on the need for the eeas , the commission and the member states to invest in and strengthen specific gender-responsive protection mechanisms and programmes for environmental human rights defenders , and to promote and facilitate access to protection mechanisms for local and indigenous defenders;


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


### 24. welcomes the inclusion of human rights in the preamble to the paris agreement and calls for effective measures to respect and promote human rights obligations when implementing the agreement and taking climate action; regrets , however , that there are no concrete provisions to hold state and corporate actors accountable for human rights violations linked to climate change; ### 24. welcomes the inclusion of human rights in the preamble to the paris agreement; calls on the states parties to adopte at cop26 an effective human rights-based approach by integrating measures to respect and promote human rights , as well as environmental and social standards , food security and the protection of biodiversity in the paris agreement implementation guidelines (rulebook); regrets that there are no concrete provisions to hold state and corporate actors accountable for human rights violations linked to climate change;


### 27. stresses that in order to ensure accountability for all actors , new mechanisms such a the sustainable development mechanism (sdm) must integrate institutional safeguard policies and grievance mechanisms to guarantee the effective protection of rights; ### 27. stresses that in order to ensure accountability for all actors , both public and private , new mechanisms such as the sustainable development mechanism (sdm) must integrate institutional safeguard policies and rights-based grievance mechanisms to guarantee the effective protection of rights;


### 29. stresses that the global stocktake referred to in article 14 of the paris agreement should be used to review progress towards the integration of human rights and other principles into climate action; ### 29. stresses that the global stocktake referred to in article 14 of the paris agreement should be used to review progress towards the integration of human rights and other principles into climate action; notes that it should include opportunities for civil society and intergovernmental organizations to provide their input;


### 30. underlines its view that human rights laws and institutions that are commonly used to bridge the governance accountability gap can by no means replace effective measures to prevent and redress harm caused by climate change; considers that national human rights institutions (nhris) and civil society may play an effective role in national accountability and oversight mechanisms designed to ensure access to remedy for those who suffer human rights harms as a result of climate change; ### 30. underlines its view that human rights laws and institutions that are commonly used to bridge the governance accountability gap can by no means replace effective measures to prevent and redress harm caused by climate change; considers that national human rights institutions (nhris) and civil society should have an effective role in national accountability and oversight mechanisms designed to ensure access to remedy for those who suffer human rights harms as a result of climate change;


### 32. acknowledges the active role and involvement of civil society , non-governmental organisations and environmental defenders in advocating for human rights-based approaches to climate action; stresses the need to guarantee civil society participation in the transparency framework laid out in article 13 of the paris agreement; ### 32. acknowledges the active role and involvement of civil society , non-governmental organisations and environmental defenders in advocating for human rights-based approaches to climate action; stresses the need to guarantee civil society participation in the transparency framework laid out in article 13 of the paris agreement; calls on all states , particularly the eu and the member states , to ensure that indigenous peoples and local communities are included in the deliberations and decision-making processes of international climate diplomacy; warmly welcomes the efforts of the commission to support the participation of indigenous peoples through its support to docip and to the indigenous navigator project; encourages the commission to continue to promote dialogue and collaboration between indigenous peoples and the european union as well as with international fora , notably in relation to climate change;


### 35. welcomes the commission’s commitment to develop a legislative proposal on mandatory human rights and environmental corporate due diligence for companies to identify , take account of and mitigate negative human rights and environmental impacts in their supply chains; stresses the importance of effective consultation with different stakeholders , such as human rights defenders , civil society , trade unions and indigenous people; urges the eu to support and effectively engage in the ongoing negotiations for an international , legally binding instrument to regulate the activities of transnational corporations and other business enterprises; considers that any such instrument must encourage corporate actors to assume their responsibilities with regard to the human right to a healthy environment; ### 35. welcomes the commission’s commitment to develop a legislative proposal on mandatory human rights and environmental corporate due diligence for companies to identify , take account of and mitigate negative human rights and environmental impacts in their supply chains; recommends that this legislative proposal should support and facilitate the development of common impact measuring methodologies for environmental and climate change impacts; stresses the importance of effective , meaningful and informed consultation with all affected or potentially affected stakeholders , including but not limited to human rights and environmental defenders , civil society , trade unions , workers , indigenous people , local communicates and women's organizations; believes that the commission legislative proposal should include effective safeguards and redress mechanisms for all affected rights-holders , urges the eu to support and effectively engage in the ongoing negotiations for an international , legally binding instrument to regulate the activities of transnational corporations and other business enterprises; considers that any such instrument must encourage corporate actors to assume their responsibilities with regard to the human right to a healthy environment;


### 1. recalls that environmental protection is a fundamental right according to article 37 of the eu charter of fundamental rights; ### 1. recalls that environmental protection is a fundamental right according to article 37 of the eu charter of fundamental rights , as confirmed by cjeu case-law 1a ; stresses that a high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the union;


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


### 2. considers that today’s environmental degradation has far-reaching consequences for a wide range of human rights; considers that prevention and criminal sanctions are important deterrents against environmental damage; ### 2. considers that today’s environmental degradation has far-reaching and long lasting consequences for a wide range of human rights; considers that prevention and criminal sanctions are important deterrents against environmental damage;


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


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


### 3. deplores the lack of effective implementation of eu directives that aim to establish criminal liability of legal persons for environmental offences1 ; stresses the urgent need to update such legislation; calls on the commission and the member states to allocate appropriate financial and human resources to preventing , investigating and prosecuting environmental crimes; ### 3. deplores the lack of effective implementation of eu directives that aim to establish criminal liability of legal persons for environmental offences1 ; stresses the urgent need to update such legislation; calls on the commission and the member states to allocate appropriate financial and human resources to preventing , investigating and prosecuting environmental crimes; and to ensure that all member states and companies have a proper environmental crisis management procedure at both national and transnational levels;


### 4. calls on the commission to make full use of article 83(2) tfeu and to consider the adoption of an overall framework directive on environmental offences; calls on the commission to evaluate the possibility of a legislative proposal for the crime of ecocide and of including environmental crimes among the categories of offences in article 83(1) tfeu; ### 4. calls on the commission to make full use of article 83(2) tfeu and to consider the adoption of an overall framework directive on environmental offences defining which behaviours to be punished , the nature of infrigements , the types of offences , the reparation regimes , the restoration measures and the sanctions , including overall liability of legal persons; calls on the commission to evaluate the possibility of a legislative proposal for the crime of ecocide and of including environmental crimes among the categories of offences in article 83(1) tfeu;


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


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


### 5. recognises the direct or indirect connection between environmental offences and transnational organised crime and corruption2 ; ### 5. recognises the direct or indirect connection between environmental offences and transnational organised crime and corruption2 ; calls on europol to update the study made in 20152a and regularly provide updated data;


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


### 6. calls on the commission , europol and eurojust to provide support and a more institutionalised structure for existing networks of practitioners; ### 6. calls on the commission , europol and eurojust to provide support and a more institutionalised structure for existing networks of practitioners such as the european network of prosecutors for the environment (enpe) and the european union forum of judges for the environment (eufje) with the participation of all eu member states; calls for a reinforced action of the europol envicrimenet; calls on europol and eurojust to reinforce documentation , investigation and prosecution of environmental crimes;


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


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


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


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


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


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


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


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


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


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


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


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


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


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


### 10. believes that most definitions in the eld should be further clarified to make the directive fair and clear to all stakeholders and to keep pace with the rapid evolution of pollutants; welcomes therefore the current efforts to develop a common understanding document (cud) on key eld definitions and concepts; regrets , however , that the commission and the eld government expert groups did not reach an agreement on its format , meaning that the cud remains a document produced by the consultancy which was hired by the commission to support the implementation of the 2017-2020 multi-annual eld work programme; ### 10. believes that most definitions in the eld should be further clarified and broaden , to make the directive fair and clear to all stakeholders , such as operators , competent authorities , civil society organisations and insurers and to keep pace with the rapid evolution of pollutants; welcomes therefore the current efforts to develop a common understanding document (cud) on key eld definitions and concepts; regrets , however , that the commission and the eld government expert groups did not reach an agreement on its format , meaning that the cud remains a document produced by the consultancy which was hired by the commission to support the implementation of the 2017-2020 multi-annual eld work programme;


### 11. asks the commission to undertake a study to establish whether extending the scope of the eld to align it with other pieces of eu legislation , including the ecd , could limit short- and long-term damage to the environment , human health and air quality; asks the commission , furthermore , to assess whether the precautionary principle approach properly presupposes potentially dangerous risks or effects; ### 11. calls on the commission to harmonise and extend the scope of the eld to cover all damage to the environment including pure environmental damage , having regard to the rights of nature and future generations; calls for the categories of dangerous activities set out in annex iii eld to be expanded to include all activities that are potentially harmful to the environment and human health including air and the atmosphere; further adds that , with regard to land damage , the scope should be expanded beyond the simple reference to the ‘significant risk to human health’; asks more broadly the commission to extend the scope of the eld to align it with other pieces of eu legislation , including the industrial emissions directive and the ecd , in order to limit and ultimately avoid the materialisation of short- and long-term damage to the environment , human health and air quality; asks the commission , furthermore , to assess whether the precautionary principle approach properly presupposes potentially dangerous risks or effects;


### 11. asks the commission to undertake a study to establish whether extending the scope of the eld to align it with other pieces of eu legislation , including the ecd , could limit short- and long-term damage to the environment , human health and air quality; asks the commission , furthermore , to assess whether the precautionary principle approach properly presupposes potentially dangerous risks or effects; ### 11. calls the commission to extend the scope of the eld strict liability to non-annex iii activities to cover all environmental damage , as well as to human health , such as air pollution by cars violating eu car emissions legislation so as to improve the effectiveness of the legislation in implementing the ‘polluter pays’ principle; considers that such extension of scope would streamline the eld with other pieces of eu legislation on protecting human health and environment , including the ecd , and would facilitate adding provisions to the eld , such as including a requirement to carry out preventive measures and emergency remedial action , either in the directive itself or in national law implementing it; asks the commission , furthermore , to assess the potential damage that the so-called industry-led ‘innovation principle’ can have on the short and long term , and the danger it poses to the established precautionary principle and its ability to limit liability in environmental damage;


### 12. calls on the commission to assess whether it would be appropriate to introduce parental and chain liability for damage caused to human health and the environment20 ; ### 12. underlines the need to recognise the parental and chain liability of companies for the actions or omissions of their subsidiaries resulting in damage caused to human health and the environment , and the need for the implementation of a comprehensive monitoring system to provide competent authorities with an effective toolbox to monitor and enforce compliance with environmental and human rights requirements throughout their supply chains , particularly at local level , in line with/and in complement to the principle that eu undertakings have a duty of care and due diligence to prevent environmental harm caused by its subsidiaries active outside of the eu; underlines that such an enforcement system should allow ngos , affected communities and victims to interact and proactively participate in the monitoring process , notably by submitting evidence and data on alleged violations of environmental and human rights requirements;


### 12. calls on the commission to assess whether it would be appropriate to introduce parental and chain liability for damage caused to human health and the environment20 ; ### 12. calls on the commission to introduce a secondary liability regime , that is parental and chain liability for damage caused to human health and the environment20;


### 13. is of the opinion that the optional permit and state-of-the art defences should only be maintained when a company can prove that it could not have known about the danger of its activity (reversed burden of proof); ### 13. calls for the revised environmental liability regime to restrict the scope of application of the ‘permit defence’ and the ‘state of the art defence’ under the eld , also through a reversal of the burden of proof upon moderators , in order to promote the ‘polluter pays’ principle while improving the effectiveness of same environmental liability regime;


### 14. calls on the commission to align the eld with civil liability legislation for corporate boards in cases where a corporate board has taken irresponsible decisions causing environmental damage or when it was aware of , but did nothing to prevent , polluting activities carried out to maximise the profit of the company and increase the bonuses of its members21 ; ### 14. calls on the commission to align the eld with civil liability legislation for corporate boards in cases where a causal link can be established between a corporate board's action , omission or misconduct and the materialisation of an environmental damage as defined in the eld , inter alia where this damage results from polluting activities carried out to maximise the profit of the company and increase the bonuses of its members; the revised regime should ensure that not only companies as legal entities , but also individuals who have materially assisted , sponsored , or provided the company with financial , material , or technological support , knowing that their participation would contribute to the materialization of the pure environmental damage , be held personally liable , both to humans and to nature itself;


### 15. asks the commission to look into the possibility of introducing a mandatory financial security system (covering insurance , bank guarantees , company pools and bonds or funds) with a maximum threshold per case , aiming to prevent taxpayers from having to bear the costs resulting from remediation of environmental damage; asks the commission , in addition , to develop a harmonised eu methodology for calculating the maximum liability threshold , taking into account the activity and the impact on the environment; ### 15. calls on the commission to introduce a mandatory financial security system (covering insurance , bank guarantees , company pools and bonds or funds) with a maximum threshold per case , aiming to prevent taxpayers from having to bear the costs resulting from remediation of environmental damage; asks the commission , in addition , to develop a harmonised eu methodology for calculating the maximum liability threshold , taking into account the activity and the impact on the environment; calls on the commission to specify that the cost of remedying environmental damage should always be borne by the relevant operator , even if insolvent;


### 15. asks the commission to look into the possibility of introducing a mandatory financial security system (covering insurance , bank guarantees , company pools and bonds or funds) with a maximum threshold per case , aiming to prevent taxpayers from having to bear the costs resulting from remediation of environmental damage; asks the commission , in addition , to develop a harmonised eu methodology for calculating the maximum liability threshold , taking into account the activity and the impact on the environment; ### 15. calls on the commission to introduce a mandatory financial security system (covering insurance , bank guarantees , company pools and bonds or funds) with a maximum threshold per case , aiming to prevent taxpayers from having to bear the costs resulting from remediation of environmental damage; highlights that insurance cannot be designed to limit liability , but only to address costs of clean-up;


### 17. is of the opinion that in cases of extremely widespread pollution , not just environmental liability instruments , but a multitude of instruments , including administrative measures , financial penalties and in some cases criminal prosecution , should be applied to remedy the problem; ### 17. is of the opinion that in cases of extremely widespread pollution , not just environmental liability instruments , but a multitude of instruments , including administrative measures , financial penalties and in some cases criminal prosecution , should be applied to remedy the problem; notes that criminal penalties alone are often ineffective as they may lead to large dismissals of environmental cases especially in member states where there is no criminal liability of the corporate entity; also notes that in many member states administrative financial penalties are increasingly used; calls therefore on the commission to facilitate , and on member states to use , administrative fines as a complementary tool alongside criminal sanctions;


### 17. is of the opinion that in cases of extremely widespread pollution , not just environmental liability instruments , but a multitude of instruments , including administrative measures , financial penalties and in some cases criminal prosecution , should be applied to remedy the problem; ### 17. is of the opinion that in cases of serious diffuse pollution and of large-scale incidents , not just environmental liability instruments , but a multitude of instruments , including administrative measures , financial penalties and in some cases criminal prosecution , should be applied to remedy the problem;


### 18. calls on the commission to come forward with a proposal for environmental inspections at the eu level without further delay , as proposed by the environmental compliance and governance forum in action nine of its work programme , but is of the opinion that a recommendation to establish minimum criteria for environmental inspections is not enough; ### 18. calls on the commission to come forward with a proposal for environmental inspections at the eu level without further delay , as proposed by the environmental compliance and governance forum in action nine of its work programme , but is of the opinion that a recommendation to establish minimum criteria for environmental inspections is not enough; therefore considers that this recommendation should be changed into a binding document;


### — having regard to the charter of fundamental rights of the european union (the charter) , and in particular articles 2 , 6 , 7 and 8 thereof , ### — having regard to the charter of fundamental rights of the european union (the charter) , and in particular articles 2 , 6 , 7 , 8 and 47 thereof ,


### — having regard to the christchurch call to action adopted by new zealand , france , the commission , technology companies and others to prevent the dissemination of information to terrorists and advocates of violent extremism , ### — having regard to the christchurch call to action adopted by new zealand , france , the commission , technology companies and others ,


### a. whereas regulation (eu) 2016/794 allows europol to transfer personal data to a third country authority or to an international organisation insofar as the transfer is necessary for the performance of its tasks , on the basis of an adequacy decision of the commission pursuant to directive (eu) 2016/680 , an international agreement pursuant to article 218 of the tfeu adducing adequate safeguards , or cooperation agreements allowing for the exchange of personal data concluded before 1 may 2017 , and , in exceptional situations , on a case-by-case basis under strict conditions laid down in article 25(5) of regulation (eu) 2016/794 and provided that adequate safeguards are ensured; ### a. whereas regulation (eu) 2016/794 on the european union agency for law enforcement cooperation (europol) enables the transfer of personal data to the competent authority of a third country or to an international organisation insofar as the transfer is necessary for the performance of europol’s tasks , on the basis of an adequacy decision of the commission pursuant to directive (eu) 2016/680 , an international agreement pursuant to article 218 of the tfeu adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals , or cooperation agreements allowing for the exchange of personal data concluded before 1 may 2017 , and , in exceptional situations , on a case-by-case basis under strict conditions laid down in article25(5) of regulation (eu) 2016/794 and provided that adequate safeguards are ensured;


### b. whereas international agreements allowing europol and third countries to cooperate and exchange personal data should respect articles 2 , 6 , 7 and 8 of the charter and be necessary for and proportionate to the fulfilment of europol’s tasks; ### b. whereas international agreements allowing europol and third countries to cooperate and exchange personal data should respect the fundamental rights and principles recognised by the charter , in particular articles 2 , 6 , 7 , 8 and 47 , and article 16 tfeu , and hence respect the principle of purpose limitation and the rights of access and rectification and be subject to monitoring by an independent authority , as specifically stipulated by the charter , and prove necessary and proportionate for the fulfilment of europol’s tasks;


### e. whereas europol has designated the threat level from jihadi terrorists as high , and whereas in 2018 , they were responsible for all deaths from terror attacks in the eu; ### e. whereas in its report ‘terrorism situation and trend report 2019’ europol points that “the number of attacks and the number of victims in the eu dropped significantly with regard to terrorism of all ideological tendencies”; in 2018 , “terrorism continued to constitute a major threat to security in eu member states” and “extremists of diverging orientation increasingly consider violence as a justified means of confrontation. terrorists not only aim to kill and maim but also to divide our societies and spread hatred”;


### f. whereas europol has reported that law enforcement agencies used data exchange tools to foil , disrupt or investigate jihadi attacks on 24 occasions in 2018; ### deleted


### h. whereas in the light of the 2019 christchurch lone gunman attack , future cooperation formalised under the agreement between the eu and new zealand could be essential for prevention and prosecution should other serious crimes be planned or perpetrated within the eu or worldwide; ### h. whereas in the light of the 2019 christchurch right-wing terrorism attack on two mosques , future cooperation formalised under the agreement between the eu and new zealand could be essential for prevention and prosecution should other serious crimes be planned or perpetrated within the eu , in new zealand , or worldwide;


### 1. considers that cooperation with new zealand in the field of law enforcement could help the european union to further protect its security interests , and encourages it to work expeditiously to define the negotiating mandate for an agreement between the european union and new zealand on the exchange of personal data between the european union agency for law enforcement cooperation (europol) and the new zealand authorities competent for fighting serious crime and terrorism; ### 1. considers that the necessity of cooperation with new zealand in the field of law enforcement , as well as its proportionality , need to be properly assessed; calls on the commission to conduct a thorough impact assessment so as to define the necessary safeguards to be integrated in the agreement;


### 2. insists that the level of protection provided for in the agreement should be essentially equivalent to the level of protection provided for in eu law; ### 2. insists that the level of protection provided for in the agreement and in applicable law and practice in new zealand should be essentially equivalent to the level of protection provided for in eu law; stresses that if such level of protection cannot be guaranteed both in law and in practice , the agreement cannot be concluded;


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


### 5. is of the opinion that , in line with the principle of purpose limitation , the future agreement should explicitly lay down a list of criminal offences in relation to which personal data can be exchanged; considers that this list should include the activities covered by such crimes , and the persons , groups and organisations likely to be affected by such transfers; ### 5. underlines that , in line with the principle of purpose limitation , the future agreement should specify its scope and the purposes for which europol may transfer personal data to the competent authorities of new zealand and explicitly lay down a list of criminal offences in relation to which personal data can be exchanged; considers that this list should include the activities covered by such crimes , and the persons , groups and organisations likely to be affected by such transfers; insists on the importance of having the categories of offences clearly listed and defined in the agreement;


### 6. insists that the agreement contain a clear and precise provision setting out the retention period for personal data that have been transferred and requiring the data to be erased at the end of that period; requests that procedural measures be set out in the agreement to ensure compliance; insists that , in exceptional cases , where there are duly justified reasons to store data for an extended period , past the end of the data retention period , these reasons and the accompanying documentation be communicated to europol and the edps; ### 6. insists that the agreement contain a clear and precise provision setting out the retention period for personal data that have been transferred to new zealand and requiring the data to be erased at the end of that period or earlier if the data is not necessary anymore for the individual case; requests that procedural measures be set out in the agreement to ensure compliance; requests in this regard that the agreement should specifically provide for periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed; insists that , in exceptional cases , where there are duly justified reasons to store data for an extended period , past the end of the data retention period , these reasons and the accompanying documentation be communicated to europol and the edps;


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


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


### 9. considers that onward transfers of europol information from competent new zealand authorities to other authorities in new zealand , including for use in judicial proceedings , should only be allowed for the original purposes of the transfer by europol and should be made subject to appropriate conditions and safeguards , including prior authorisation by europol; points out that the same conditions should apply to onward transfers of europol information from competent new zealand authorities to third country authorities , with the additional requirement that data only be transferred to third countries to which europol is entitled to transfer personal data on the basis of article 25 (1) of regulation (eu) 2016/794; ### deleted


### 10. calls on the council and commission to consult the edps on the provisions of the draft agreement before its finalisation; ### 10. calls on the council and commission to consult the edps on the provisions of the draft agreement before its finalisation and throughout the negotiations;


### 11. considers that the international agreement with new zealand should enshrine the right of data subjects to information , rectification and erasure as provided for in other eu legislation on data protection; ### 11. considers that the international agreement with new zealand should enshrine the right of data subjects to information , rectification and erasure as provided for in other eu legislation on data protection; requests in this regard that the agreement includes clear and detailed rules regarding the information that should be provided to the data subjects;


### 12. expects to be kept fully and proactively informed about the progress of the negotiations and expects to receive the documents at the same time as the council so that it can carry out its scrutiny role; ### 12. stresses that the parliament’s consent to the conclusion of the agreement will be conditional upon satisfactory involvement of the parliament at all stages of the procedure in accordance with article 218 tfeu; expects in this regard to be kept fully and proactively informed about the progress of the negotiations and expects to receive the documents at the same time as the council so that it can carry out its scrutiny role;


### 1. gives its consent to the conclusion of the agreement; ### 1. refuses to give its consent to the conclusion of the agreement;


### 3. highlights that border procedures constitute an exception to the legally defined rule that asylum applicants have a right to enter the territory of a member state and can be applied only in the exhaustive number of cases set out in the apd; points out that the eu legislators intended a narrow interpretation of those cases; deplores the fact that some member states apply border procedures much more extensively; ### 3. highlights that border procedures constitute an exception to the legally defined rule that asylum applicants have a right to enter the territory of a member state and can be applied only in the exhaustive number of cases set out in the apd; points out that the eu legislators intended a narrow interpretation of those cases; takes note that most member states apply border procedures only in a small number of cases and that several member states generally refrain from using border procedures; deplores , furthermore , the fact that some member states apply border procedures much more extensively than provided for in articles31(8) and 33 of the apd; calls on the member states to refrain from an expansive and unjustified use of border procedures and considers it important to reflect the exceptional role of border procedures in eu asylum law by clearly limiting their scope;


### refusal of entry ### refusal of entry and monitoring


### 10. is deeply concerned that , in the context of border procedures , numerous cases of persons being refused entry without their asylum claims being registered have been reported , at both external and internal borders; reiterates that automatic refusal of entry , refoulement and collective expulsions are prohibited under eu and international law; ### 10. is deeply concerned that , in the context of border procedures , numerous cases of persons being refused entry without their asylum claims being registered have been reported , at both external and internal borders; deplores that indications of protection needs are frequently disregarded at the borders and that persons are frequently not informed about their right to apply for asylum as provided for in article 8 of the apd; reiterates that automatic refusal of entry , refoulement and collective expulsions are prohibited under eu and international law; highlights that any decision of refusal of entry must be individualised , provided in writing , sufficiently motivated and consistent with the obligations of member states to receive asylum applications where a request for protection is made; persons subject to a refusal of entry must be ensured access to an effective remedy in accordance with eu law and the echr;


### 11. considers it important to establish independent monitoring bodies and calls on the member states to grant them access to border facilities to ensure the effective protection of fundamental rights and the systematic reporting of violations , in line with the fra’s guidance on border controls; ### 11. considers it important to establish independent monitoring bodies and calls on the member states to grant them access to border facilities to ensure the effective protection of fundamental rights and the systematic reporting of violations , in line with the fra’s guidance on border controls; independent monitoring should also verify the quality of the decision-making process and its outcome , as well as detention conditions and compliance with procedural safeguards; ngos and independent experts as well as the fra should be part of the monitoring bodies;


### 14. recalls that article 25(6)(b) of the apd prescribes a very limited set of circumstances allowing member states to process unaccompanied minors’ applications in a border procedure; highlights that the member states examined lack adequate age assessment methods; recommends that children and their families be exempted from border procedures; ### 14. recalls that article25(6)(b) of the apd prescribes a very limited set of circumstances allowing member states to process unaccompanied minors’ applications in a border procedure; highlights that the member states examined lack adequate age assessment methods; recommends that children and their families as well as other applicants in need of special guarantees be exempted from border procedures;


### 16. highlights that significant problems regarding access to and the quality of legal assistance were reported in all the member states examined; stresses that free legal assistance is key to ensuring better-quality information in personal interviews and improving first-instance decision-making; ### 16. highlights that significant problems regarding access to and the quality of legal assistance were reported in all the member states examined; stresses that free legal assistance is key to ensuring better-quality information in personal interviews and improving first-instance decision-making; reiterates its position in its report on apr that the right to free legal assistance should be guaranteed to asylum seekers as soon as their asylum application is lodged , with the aim of taking quality decisions in the first instance and to avoid large numbers of appeals; calls on the member states to ensure effective access to legal assistance;


### 17. regrets that , within the framework of border procedures , many member states do not regulate access to ngos , which have a key role in securing applicants’ procedural rights; ### 17. regrets that , within the framework of border procedures , many member states do not regulate access to ngos , which have a key role in securing applicants’ procedural rights and fostering procedural transparency; calls on member states to ensure and support the regular presence of specialised non-governmental and civil society asylum organisations at border facilities , crossing points and transit zones;


### 1. stresses the important role of the european border and coast guard agency (‘the agency’) , commonly referred to as frontex in promoting , coordinating and developing european integrated border management; ### 1. stresses the important role of the european border and coast guard agency (‘the agency’) , commonly referred to as frontex , in promoting , coordinating and developing european integrated border management in full respect of fundamental rights;


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


### 11. notes , in light of comments and observations from the discharge authority related to the need to provide the agency’s fundamental rights officer with adequate resources and staff and to upgrade the fundamental rights policy within the organisation , that the number of posts fully earmarked to fundamental rights issues increased from 2 to 10 over the period 2016-2019; notes that the budget allocated to fundamental rights was multiplied by eleven over the period 2014-2019 , and that the continuity of the function of fundamental rights officer has been ensured; ### 11. deplores that , despite repeated calls from parliament and a significant overall staff increase for the agency , the fundamental rights officer still lacks adequate human resources and is therefore clearly hampered in her or his efforts to properly conduct the tasks with which she or he is entrusted; urges the agency to provide its fundamental rights officer with adequate resources and staff , in particular for further developing and implementing the agency’s strategy to monitor and ensure the protection of fundamental rights; reminds the agency of the importance of adhering to the staff regulations of officials of the european union and the conditions of employment of other servants of the union , laid down in council regulation (eec , euratom , ecsc)no 259/681a;


### 8. notes that , according to the court’s report , the centre did not attract a reasonable number of tenderers in low-value procurement procedures and that in five of these procedures only one candidate submitted a tender and two tenders were submitted in one procedure; notes that , according to the centre’s reply , it duly invited the number of tenderers required by the applicable financial rules to ensure the necessary level of competition; calls on the centre to pursue its ongoing efforts to ensure that public procurement procedures are compliant with the principle of competition and to facilitate the participation in its procurement procedures for low-value contracts; ### 8. notes that , according to the court’s report , the centre did not attract a reasonable number of tenderers in low-value procurement procedures and that in five of these procedures only one candidate submitted a tender and two tenders were submitted in one procedure; notes that , according to the centre’s reply , it duly invited the number of tenderers required by the applicable financial rules to ensure the necessary level of competition; calls on the centre to pursue its ongoing efforts to ensure that all public procurement procedures are compliant with the principle of competition and to facilitate the participation in its procurement procedures for low-value contracts;


### 9. acknowledges the centre’s existing measures and ongoing efforts to secure transparency , prevent and manage conflicts of interest , and provide whistleblower protection; notes that the cvs of the director and the members of the scientific committee are published on its website; ### 9. acknowledges the centre’s existing measures and ongoing efforts to secure transparency , prevent and manage conflicts of interest , and provide whistleblower protection; notes with satisfaction that the cvs and declarations of interest of the director and the members of the scientific committee are published on its website;


### 2. welcomes the fact that the court of auditors ('the court') has declared the transactions underlying the annual accounts of the fra for the financial year 2018 to be legal and regular in all material respects and that its financial position on 31 december 2018 is fairly presented; notes the stable budget of eur 23 million and the slight staff increase from 108 to 110 in 2018; ### 2. welcomes the fact that the court of auditors ('the court') has declared the transactions underlying the annual accounts of the fra for the financial year 2018 to be legal and regular in all material respects and that its financial position on 31 december 2018 is fairly presented; deplores the fact that the agency’s budget of eur 23 million did not increase in 2018 and notes the slight staff increase from 108 to 110 in 2018;


### 3. notes the agency’s internal restructuring over 2018 with the aim of enhancing support across departments and strengthening the agency’s outputs; ### 3. welcomes the agency’s internal restructuring over 2018 with the aim of enhancing support across departments and strengthening the agency’s outputs;


### 4. regrets that the rates of carry-overs of commitments for operational expenditure once again stood very high at 70 % or eur 4 ,9 million , which is the same percentage as in 2017; acknowledges that these delays reflect the nature of the agency’s activities , notably the financing of studies that span several months , often beyond year-end; welcomes the fact that the agency has introduced planning procedures to monitor delays between the signature of contracts , deliveries and payments but concurs with the court that the agency should further improve its financial planning , including potentially the introduction of differentiated appropriations; ### 4. regrets that the rates of carry-overs of commitments for operational expenditure once again stood high at 70 % or eur 4 ,9 million , which is the same percentage as in 2017; acknowledges that these delays reflect the nature of the agency’s activities , notably the financing of studies that span several months , often beyond year-end; welcomes the fact that the agency has introduced planning procedures to monitor delays between the signature of contracts , deliveries and payments but concurs with the court that the agency should further improve its financial planning , including potentially the introduction of differentiated appropriations;


### 5. notes that the court has identified a horizontal trend across agencies in the use of external staff hired in it consultancy roles; calls for this dependency on external recruitment in this important area to be addressed; notes the efforts made by the agency to balance the geographical distribution of its recruitment of qualified candidates for various roles , keeping in mind the difficulties encountered in recruiting the right candidates for certain profiles; ### 5. notes that the court has identified a horizontal trend across agencies in the use of external staff hired in it consultancy roles; calls for this dependency on external recruitment in this important area to be addressed; welcomes the efforts made by the agency to balance the geographical distribution of its recruitment of qualified candidates for various roles , keeping in mind the difficulties encountered in recruiting the right candidates for certain profiles;


### 8. notes , in light of the related comments made by the discharge authority , that e-procurement tools have been compulsory only as of 2019 and that the agency has introduced all e-procurement tools with the exception of e-submission , which is expected to be implemented in the fourth quarter of 2019; ### 8. notes , in light of the related comments made by the discharge authority , that e-procurement tools have been compulsory only as of 2019 and that the agency has introduced all e-procurement tools with the exception of e-submission , which was expected to be implemented in the fourth quarter of 2019; calls on the agency to report to the discharge authority on the progress made in this regard by june 2020;


### 9. acknowledges the agency’s existing measures , and its ongoing efforts in relation to securing transparency , in relation to prevention and management of conflicts of interest , and in relation to whistle-blower protection; notes that there were a number of cases of potential and perceived conflicts of interest that were assessed and mitigated and none reported in 2018; ### 9. welcomes the agency’s existing measures , and its ongoing efforts in relation to securing transparency , in relation to prevention and management of conflicts of interest , and in relation to whistle-blower protection; notes that there were a number of cases of potential and perceived conflicts of interest that were assessed and mitigated and none reported in 2018; notes with appreciation that the cvs and declarations of interest for members of the management board and executives are published on the agency's website;


### 1. upon receipt of the epoc , the addressee shall ensure that the requested data is transmitted directly to the issuing authority or the law enforcement authorities as indicated in the epoc at the latest within 10 days upon receipt of the epoc , unless the issuing authority indicates reasons for earlier disclosure. ### 1. upon receipt of the epoc , transmitted in accordance with this regulation , the executing authority shall , without undue delay:


### (3) the 22 march 2016 joint statement of the ministers of justice and home affairs and representatives of the union institutions on the terrorist attacks in brussels stressed the need , as a matter of priority , to find ways to secure and obtain electronic evidence more quickly and effectively and to identify concrete measures to address this matter. ### deleted


### (4) the council conclusions of 9 june 2016 underlined the increasing importance of electronic evidence in criminal proceedings , and of protecting cyberspace from abuse and criminal activities for the benefit of economies and societies , and therefore the need for law enforcement and judicial authorities to have effective tools to investigate and prosecute criminal acts related to cyberspace. ### deleted


### (5) in the joint communication on resilience , deterrence and defence of 13 september 201727 , the commission emphasised that effective investigation and prosecution of cyber-enabled crime was a key deterrent to cyber-attacks , and that today’s procedural framework needed to be better adapted to the internet age. current procedures at times could not match the speed of cyber-attacks , which create particular need for swift cooperation across borders. ### deleted


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


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