### every european union citizen from 18 years of age shall have the right to vote and to stand as a candidate for election to the european parliament , in both the national and in the union-wide constituency , without prejudice to those member states that , at the date of the entry into force of this regulation , have set the minimum age that is lower than 18 for eligibility to vote and for eligibility to stand as a candidate. ### every european union citizen from 16 years of age shall have the right to vote and to stand as a candidate for election to the european parliament , in both the national and in the union-wide constituency.


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


### h. whereas the system for administrative control of expenditure should be lightened , and in particular , the requirement to submit accounts according to the international financial reporting standards should be dropped because it does not correspond to the nature of the european political parties and foundations , and represents an unnecessary time-consuming and costly burden; ### h. whereas the system for administrative control of expenditure could be lightened , thereby simultaneously ensuring the necessary transparency and rigour in the handling of public funds;


### 4. underlines the importance of the registration of european political parties and foundations , since it requires compliance with all its conditions , including respect for union fundamental values , and makes eligibility for funding from the union budget conditional upon such compliance , as well as the need to ensure full transparency; ### 4. underlines the importance and need to ensure complete transparency in the financing and activities of european political parties and foundations by way of their registration and compliance with all the relevant conditions , including respect for union fundamental values , and making eligibility for funding from the union budget conditional upon such compliance;


### c. whereas the union will in various forms disburse unprecedented volumes of financial support to the member states in order to fight the consequences of the pandemic and every decision related thereto has to be taken with full transparency; ### c. whereas the union will in various forms disburse unprecedented volumes of financial support to the member states in order to fight the consequences of the pandemic and every decision related thereto has to be taken with full transparency , ensuring full accountability on the part of the union's decision makers;


### d. whereas high ethical standards for interest representation underpin the trust that citizens have in the eu institutions; ### d. whereas high ethical standards for interest representation underpin the trust that citizens have in the eu institutions , enhancing their transparency and accountability;


### 3. welcomes the fact that the status of the council of the european union has changed from that of an observer to that of a formal party to the agreement; considers nevertheless that its participation is limited to meetings with the most senior officials , and , under voluntary schemes only , meetings of the permanent representatives and deputy permanent representatives during their presidency and six months before; insists that for the credibility of the scheme all permanent representations should take an active part in that voluntary scheme , continue to apply it after their presidency has ended and extend , it insofar as this is possible , to other officials; ### 3. welcomes the fact that the status of the council of the european union has changed from that of an observer to that of a formal party to the agreement; considers nevertheless that its participation is limited to meetings with the most senior officials , and , under voluntary schemes only , meetings of the permanent representatives and deputy permanent representatives during their presidency and six months before;


### 3. welcomes the fact that the status of the council of the european union has changed from that of an observer to that of a formal party to the agreement; considers nevertheless that its participation is limited to meetings with the most senior officials , and , under voluntary schemes only , meetings of the permanent representatives and deputy permanent representatives during their presidency and six months before; insists that for the credibility of the scheme all permanent representations should take an active part in that voluntary scheme , continue to apply it after their presidency has ended and extend , it insofar as this is possible , to other officials; ### 3. welcomes the fact that the status of the council of the european union has changed from that of an observer to that of a formal party to the agreement; considers nevertheless that its participation is limited to meetings with the most senior officials , and , under voluntary schemes only , meetings of the permanent representatives and deputy permanent representatives during their presidency and six months before; insists that for the credibility of the scheme all permanent representations should take an active part in that voluntary scheme , continue to apply it after their presidency has ended and extend it to other officials;


### a. whereas the union is founded on the common values enshrined in article 2 teu of respect for human dignity , freedom , democracy , equality , the rule of law and respect for human rights , including the rights of persons belonging to minorities – values that are common to the eu member states and to which candidate countries must adhere in order to join the union as part of the copenhagen criteria , which cannot be disregarded or reinterpreted after accession; whereas democracy , the rule of law and fundamental rights are mutually reinforcing values which , when undermined , may pose a systemic threat to the union and the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the union as a whole and its member states at all levels of governance , including subnational entities; ### a. whereas article 5(3) teu states that ‘under the principle of subsidiarity , in areas which do not fall within its exclusive competence , the union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the member states’;


### c. whereas the principle of sincere cooperation in article 4(3) teu places an obligation on the union and the member states to assist each other in carrying out obligations which arise from the treaties in full mutual respect , and on member states to take any appropriate measure , general or in particular , to ensure the fulfilment of the obligations arising from the treaties or resulting from the acts of the institutions of the union; ### c. whereas each member state has its own national identity and the abuse of the concept of the rule of law for political aims destroys mutual trust and sincere cooperation between member states;


### f. whereas it is necessary to strengthen and streamline existing mechanisms and to develop a single comprehensive eu mechanism to protect democracy , the rule of law and fundamental rights effectively and to ensure that article 2 teu values are upheld throughout the union as well as by candidate countries , albeit with different monitoring regimes , so that member states are prevented from developing domestic law that runs counter to the protection of article 2 teu; whereas the commission and the council have continued to dismiss the need for an interinstitutional agreement on an eu mechanism on democracy , the rule of law and fundamental rights; ### f. whereas there is no general competence in the eu treaties that allows the institutions of the eu to enforce its interpretation of the rule of law throughout the union;


### 1. welcomes the commission’s third annual rule of law report as part of the commission’s rule of law toolbox; considers that while the report represents a step towards a coherent mechanism to preserve union values , the toolbox remains too flexible and too broad an approach to the rule of law; ### 1. recalls that the member states are and remain , under public international law , the masters of the treaties; calls for a reform of the eu towards a europe that upholds the sovereignty and identity of our european nations and peoples;


### 3. deplores the fact that the commission did not address in full the recommendations made by parliament in its previous resolutions24; ### deleted


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


### 6. welcomes the addition of country-specific recommendations , as a follow up to the reiterated calls from parliament to this end; recalls that the annual reports serve as a basis for informed discussions on the rule of law situation in member states; acknowledges that these country-specific recommendations help to target specific issues with a view to achieving real improvements in member states; deplores , however , the fact that the recommendations are not binding; calls on the commission to develop the annual rule of law cycle further by assessing the implementation of the country-specific recommendations in the next annual report , with specific benchmarks and a clear timeline for implementation; ### 6. calls on the eu institutions and the member states to abandon their economically and politically disastrous centralising vision of an ‘ever closer union’ , and instead calls for a form of european cooperation that respects the limitations of the eu as laid down by the existing treaties and is in accordance with the principles of national sovereignty , democracy , transparency , strict subsidiarity and accountability;


### 8. urges the commission to initiate the relevant procedures without hesitation or delay , especially when governments show no willingness to comply with the country-specific recommendations; ### 8. stresses that each member state has its own national identity and constitutional traditions , which are in line with european values and must always be treated with respect , objectivity and with regard to the principle of equality; underlines that the rule of law is a fundamental value for all member states; expresses concern that the abuse of the concept of the rule of law for political aims destroys mutual trust and sincere cooperation between member states;


### 9. commends the efforts by the commission to engage better with national stakeholders; recognises civil society as an essential actor for the rule of law , with an important role to play in the follow-up to the annual report and its implementation; calls on the commission to pursue the consistent involvement of civil society in the follow-up to the report at national level , in cooperation with the fra; ### 9. calls for an investigation into violations of fundamental rights by non-governmental organisations , including those facilitating the smuggling of illegal migrants into the eu;


### b. whereas one-third of the member states currently play host to 90% of asylum seekers; ### b. whereas the lack of an automatic mandatory redistribution mechanism for applicants for international protection within the european union has meant that one-third of the member states have played host to 90% of asylum seekers;


### d. whereas there have been significant shortcomings in the implementation of the dublin iii regulation , including during the covid-19 crisis , undermining the right to international protection and leading to violations of fundamental rights; ### d. whereas the implementation of the dublin iii regulation has been a total failure because of rules that have proven themselves to be inappropriate for dealing with substantial influxes of migrants , resulting in a system that places excessive responsibility and burdens upon a few member states , and has seriously undermined the right to international protection , leading to violations of fundamental rights;


### 1. considers that the dublin system places a significant burden on a minority of member states , in particular when influxes of migrants occur; takes the view that the eu therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among member states , including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum; ### 1. considers that the dublin system places a significant burden on a minority of member states , in particular when influxes of migrants occur; takes the view that in-depth changes are needed to the rules and criteria for assigning responsibility , moving beyond the principle of first country of irregular entry , broadening the concept of family unit and adding other connecting factors to determine responsibility for examining an application for international protection; considers it vital to establish a mandatory solidarity mechanism that is automatically applicable to all member states; the mechanism should have no application thresholds and be constantly updated , making for fair sharing of burdens and responsibility among member states on the basis of objective criteria such as gross domestic product , population and unemployment rate in the various member states; considers it essential to relocate to the various eu member states - directly at the time of irregular entry into the territory of the union , and without prior screening of any kind - all those seeking international protection in the union; considers , in this regard , that any prior screening has the sole effect of imposing excessive burdens on the member states of first arrival and can under no circumstances replace a thorough individual examination of an application for international protection; is of the view that provision should also be made for an ad hoc redistribution mechanism for all those who are rescued in the course of a search and rescue operation and who request international protection; considers , furthermore , that the dublin system should always be able to ensure flexibility of application , in particular by avoiding the laying down of rules that involve the sole , permanent responsibility of one member state;


### 2. stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at eu level; deplores the fact that efforts to overhaul the dublin iii regulation have been blocked in the council; ### 2. stresses that ad hoc agreements are no substitute for a harmonised and sustainable policy at eu level; deplores the fact that efforts to overhaul the dublin iii regulation have been blocked in the council; finds it particularly regrettable that the union is currently faced with the same set of rules which have helped exacerbate divisions between member states and have proven to be totally ineffective in managing a large influx of refugees , such as that which the union had to deal with in 2015-2016;


### 4. calls on the member states to make use of the discretionary clause in article 17 when exceptional circumstances so warrant , for example to relocate asylum seekers currently living in the greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions; ### 4. calls on the member states to make use of the discretionary clause in article 17 , for example to relocate asylum seekers currently living in the greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions;


### 9. stresses that the number of transfer procedures has increased significantly , generating considerable human , material and financial costs; deplores , however , the fact that in only 11% of cases are transfers actually carried out , a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between member states; regards efforts to combat secondary movements as essential in order to reduce the number of transfer requests; proposes that the conditions which trigger transfer procedures be clarified and harmonised; ### 9. stresses that the number of transfer procedures has increased significantly , generating considerable human , material and financial costs; deplores , however , the fact that in only 11% of cases are transfers actually carried out , a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between member states; proposes that the conditions which trigger transfer procedures be clarified and harmonised;


### 10. considers that in some cases the rules on transfer of responsibility under dublin iii undermine the efficiency of asylum procedures and the carrying-out of transfers and contribute to the increase in the number of secondary movements by encouraging asylum-seekers to remain outside the system; calls on the commission to revise the rules , in order to give member states sufficient time to carry out transfers and do away with transfer of responsibility in cases where an asylum seeker absconds; ### 10. considers that the rules on transfer of responsibility under dublin iii undermine the efficiency of asylum procedures and the carrying-out of transfers by encouraging asylum-seekers to remain outside the system; deplores the often spurious reasons put forward by member states for refusing transfers; calls on the commission to revise the rules , in order to give member states sufficient time to carry out transfers , and to monitor the situation and , where necessary , impose penalties on member states which refuse transfers;


### 13. notes that the rate of protection for asylum seekers varies greatly between member states for certain nationalities; considers that a common list of safe countries and a shared country-risk analysis , or at least greater convergence , would reduce these disparities , and thus also the number of secondary movements; stresses that the return of persons not eligible for asylum is a prerequisite for the effectiveness of the dublin iii regulation; ### 13. notes that the rate of protection for asylum seekers varies greatly between member states for certain nationalities; considers that a harmonisation of procedures , which should include also a common list of safe countries of origin and a shared country-risk analysis in order to determine whether a given third country can be considered a safe country , would reduce these disparities; stresses that the return of persons not eligible for asylum is a prerequisite for the effectiveness of the dublin iii regulation and that voluntary return mechanisms should be encouraged;


### 15. notes that some two-thirds of asylum applications are submitted by nationals of safe countries who have arrived in the eu on a visa or visa waiver; considers that these manifestly unfounded applications contribute to the overloading of asylum systems; calls on the commission and the member states to make asylum and visa policies more consistent; ### 15. notes that some two-thirds of asylum applications are submitted by nationals of third countries who have arrived in the eu on a visa or visa waiver; considers that these applications may , in such cases , prove to be manifestly unfounded , while contributing to the overloading of asylum systems in the member states , lengthening the time needed to examine applications and , ultimately , may have an adverse effect on the right to international protection in the union; calls on the commission and the member states to make asylum and visa policies more consistent;


### a. whereas the commission has only assessed the implementation of the return directive once (in 2014) , despite the legal obligation under article 19 of the directive to report on its application every three years , starting from 2013; ### a. whereas the commission has only assessed the implementation of the return directive once (in 2014) , despite the legal obligation under article 19 of the directive to report on its application every three years , starting from 2013; whereas in 2015 the commission published a communication setting out an action plan on returns; whereas in 2017 it issued a recommendation on making returns more effective when implementing directive 2008/115/ec and published a return handbook;


### b. whereas the twofold objective of the directive is effective return in line with fundamental rights and the principle of proportionality; whereas in its recommendation on making returns more effective , the commission focuses on the rate of returns as the primary indicator of the directive’s effectiveness; ### b. whereas the primary objective of the directive is effective return; welcomes the commission's focus on the rate of returns as the primary indicator of the directive’s effectiveness;


### a. whereas migration is a global phenomenon amplified by globalisation , rising conflicts , inequalities , and climate disruption; whereas gradual , normative development within the modern international human rights framework of the rights of migrants , independently of their legal status , represents a source of progress and collective pride for humanity; whereas migrants remain , however , among the most vulnerable groups worldwide and continue to face violations of their rights; whereas migration continues to be for many individuals a human journey marred by suffering , discrimination and violence; whereas the european union , as a historic region of both emigration and immigration and as a community united by founding values of human dignity , freedom and human rights , has a particular duty to respect , protect and promote the rights of migrants , notably in its external dealings; ### a. whereas migration is a particularly threatening phenomenon for the future of the peoples of europe , jeopardising their deep-rooted identities , lifestyle , prosperity and security; whereas europe is not based primarily on migratory phenomena but on a population that remained relatively unchanged until the middle of the last century;


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


### b. whereas the commission communication of 7 june 2016 on establishing a new partnership framework with third countries under the european agenda on migration , which builds on the gamm principles , stresses that migration issues are at the top of the eu’s external relations priorities; whereas this framework calls for intensified cooperation with third countries , through ‘partnerships’ aiming at ensuring cooperation on migration management , in effectively preventing irregular migration and readmitting irregular migrants , including with positive and negative incentives stemming from different policy elements within eu competence , including neighbourhood , development aid , trade , mobility , energy , security and digital policies , all leveraged towards the same objective; ### b. whereas the commission communication of 7 june 2016 on establishing a new partnership framework with third countries under the european agenda on migration , which builds on the gamm principles , stresses that migration issues are at the top of the eu’s external relations priorities; whereas this framework calls for intensified cooperation with third countries , through ‘partnerships’ aiming at ensuring cooperation on migration management , in effectively preventing irregular migration and readmitting irregular migrants , including with positive and negative incentives stemming from different policy elements within eu competence , including neighbourhood , development assistance , trade , mobility , energy , security and digital policies , all leveraged towards the same objective;


### 1. reaffirms that the right to migrate is a human right; calls on the commission to promote development and humanitarian policies that protect the human and social rights of all migrants , wherever eu action is deployed and irrespective of their legal status; ### 1. reaffirms that the right to migrate is a human right; calls on the commission to promote development and humanitarian policies that protect the human and social rights of all migrants , wherever eu action is deployed and irrespective of their legal status; recalls that the treaties provide that the union is founded on the respect of human rights and dignity , and therefore considers that the eu migration policy cannot entail human rights violations that weaken the position of the eu in the international arena and the credibility of its foreign policy;


### 2. deplores the lack of transparency of the eutf and the fact that parliament is not involved in its scrutiny; calls on the commission to comprehensively review the implementation of the eutf , including by involving human rights csos; ### 2. deplores the lack of transparency of the eutf and the fact that parliament is not involved in its scrutiny; 'calls on the commission to conduct a comprehensive review of the implementation of the eutf with the involvement of parliament;


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


### 2. recalls that eu development cooperation must have as its main objective the reduction and eradication of poverty and that it must be based on partner countries’ development agendas , following a needs and rights-based approach , and not on eu domestic interests; ### 2. recalls that eu development cooperation must have as its main objective the reduction and eradication of poverty and the improvement of human security; believes that eu development cooperation must be based on partner countries’ development agendas , following context-specific needs , population vulnerability assessments and a rights-based approach , and not on eu domestic interests


### 3. condemns the increasing use by the eu and member states of informal arrangements with third countries such as statements , declarations , standard operating procedures and memoranda of understanding that aim to step up returns and prevent people from finding safety in europe;calls for the suspension of arrangements that are incompatible with the charter of fundamental rights , the eu treaties and international law; calls for full transparency over such arrangements and their implementation. ### 3. notes that the eu and member states use informal arrangements with third countries such as statements , declarations , standard operating procedures and memoranda of understanding that aim to step up returns;stresses that all measures should be compatible with the charter of fundamental rights , the eu treaties and international law; calls for full transparency over such arrangements and their implementation.


### 3. recalls that the eu and , when applying eu law , the member states , in their external and extraterritorial actions in the areas of migration , borders and asylum , should pay specific attention to the rights enshrined in the charter of fundamental rights , including the right to liberty , the right to asylum , human dignity and security , the prohibition of ill-treatment , slavery and forced labour , and the obligation to take the interests of the child as a primary consideration and to ensure non-discrimination and procedural guarantees such as the right to an effective remedy and data protection; ### 3. recalls that , in principle , staying illegally in any eu member state constitutes an infringement of the laws and regulations in force in each state , and that deportation to the country of origin or place of provenance should be the basic rule when it comes to illegal immigration;


### 3. takes note of the eu’s new pact on migration and asylum; expresses its regret that the proposed measures are insufficient to ensure respect for migrants’ human rights and is especially worried about the externalisation of eu border management and migration control; ### 3. takes note of the eu’s new pact on migration and asylum; expresses its regret that the proposed measures are insufficient to ensure respect for migrants’ human rights and is especially worried about the externalisation of eu border management and migration control; considers that agreeing on a common migration policy that respects human rights and distributes the burden assumed by the member states that receive the vast majority of asylum applications is a critical matter for the eu , and that failing to do so will entail a structural threat to the viability of the european integration project;


### — having regard to the global compact for safe , orderly and regular migration and the global compact on refugees , adopted by the un general assembly in 2018 , ### deleted


### 4. observes that the commission has yet to evaluate the impact of the implementation of its successive migration policy frameworks , notably the gamm and the new partnership framework , on the human rights of tcns as well as the human rights impact of the eu’s cooperation on migration with third countries; insists on the need to carry out such an evaluation in a comprehensive , inclusive and public format with a view to ensuring the full human rights compliance of the eu’s external migration policy; ### 4. observes that the commission has yet to evaluate the impact of the implementation of its successive migration policy frameworks , notably the gamm and the new partnership framework , on the human rights of tcns as well as the human rights impact of the eu’s cooperation on migration with third countries; insists on the need to carry out such an evaluation systematically and in a comprehensive , inclusive and public format with a view to ensuring the full human rights compliance of the eu’s external migration policy;


### 4. insists on the need for humanitarian corridors and safe and legal migration pathways from neighbouring and developing countries into the eu; ### 4. insists on the need for humanitarian corridors and safe and legal migration pathways from neighbouring and developing countries into the eu; stresses that the mere containment of irregular migration does not lead to its effective reduction and only forces migrants to take more dangerous routes;


### 6. expresses its deep concern about the possible misuse of development funds for border control purposes , including those of the eu emergency trust fund for africa (eutf) , and the suspected human rights violations linked to the eutf in libya , ethiopia and niger; ### 6. expresses its deep concern about the possible misuse of development funds for border control purposes , including those of the eu emergency trust fund for africa (eutf) , and the suspected human rights violations linked to the eutf in libya , ethiopia and niger; considers that these facts prove the need for projects funded by the eutf to include detailed risk assessments , specially concerning potential violations of human rights , as well as protocols that should foresee the situations that would entail the suspension of a project;


### 7. calls on the commission to ensure ex ante risk assessments , performed by independent agencies , on the impact of any formal , informal or financial eu cooperation with third countries on the rights of migrants and refugees; calls on the commission to set implementation guidelines for eu agencies and member states before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are experiencing ongoing or frozen conflicts and face increased risks of human rights violations; ### 7. calls on the commission to ensure transparent ex ante risk assessments , performed by independent agencies , on the impact of any formal , informal or financial eu cooperation with third countries on the rights of migrants and refugees; calls on the commission to set implementation guidelines for eu agencies and member states before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are experiencing ongoing or frozen conflicts and face increased risks of human rights violations;


### 7. deplores the lack of transparency of the eutf and the fact that parliament is not involved in its scrutiny; calls on the commission to comprehensively review the implementation of the eutf to ensure that it falls in line with development and humanitarian objectives; ### 7. deplores the lack of transparency of the eutf and the fact that parliament is not involved in its scrutiny; considers that , given their expertise in humanitarian and development affairs , civil society organizations should play a more active role in the identification of needs , should have a say in the formulation of programs and should engage in discussions on how to measure the success of development projects; considers that security projects funded by the eutf should always focus on people’s right to feel safe in their environment , take into account the needs of the different groups that make up the population of partner countries -with a special regard for minority groups and women- and previously assess their impact on fragile and conflict-affected situations , rather than simply promoting the implementation of foreign policy agendas of eu member states; regrets that barely 1.5% of the total worth of the eutf for africa is allocated to fund regular migration schemes; calls on the commission to comprehensively review the implementation of the eutf to ensure that it falls in line with development and humanitarian objectives;


### 8. calls on the commission to establish an independent , transparent and effective monitoring mechanism , which entails periodic reports on the implementation of formal , informal and financial agreements that can potentially impact the rights of migrants and refugees in third countries , such as migration partnerships , readmission agreements , and international cooperation on migration management and governance , including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be transparent , participatory for civil society and field workers , and publicly available; insists on the need to ensure means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism; ### 8. recalls that the european commission should in no way interfere in the migration policies of member states , which must remain the sole authority able to take sovereign decisions on whether or not a person is entitled to stay;


### 8. reiterates that the ndici budget dedicated to migration should be used to address the root causes of migration and not to control migratory flows or fund external border management. ### 8. reiterates that the ndici budget dedicated to migration should be used to address the root causes of migration and not to control migratory flows or fund external border management; recalls that tackling the root causes of migration is the only way to achieve effective regulation of migration flows;


### 11. highlights the practical human rights implications stemming from the increasing number , and hence the extrajudicial nature , of informal arrangements on return and readmission , which are concluded in the absence of due democratic scrutiny and parliamentary oversight and are not subject to judicial scrutiny; calls on the commission to prioritise the conclusion of formal readmission agreements , thus ensuring full respect for article 218(6) teu , and to ensure that formal eu readmission agreements (euras) exclude the application of informal agreements; believes that parliament must assess the legality of informal agreements which include commitments on issues that fall within its competencies , such as readmission , and must be ready to undertake further action if these informal agreements appear to be incompatible with the treaties; ### 11. highlights the practical human rights implications stemming from the increasing number , and hence the extrajudicial nature , of informal arrangements on return and readmission , which are concluded in the absence of due democratic scrutiny and parliamentary oversight and are not subject to judicial scrutiny; urges the commission to prioritise the conclusion of formal readmission agreements , thus ensuring full respect for article 218(6) teu , and to ensure that formal eu readmission agreements (euras) exclude the application of informal agreements; believes that parliament must assess the legality of informal agreements which include commitments on issues that fall within its competencies , such as readmission , and must be ready to undertake further action if these informal agreements appear to be incompatible with the treaties;


### 12. highlights the increased role of the european border and coast guard agency in practical and operational cooperation with third countries , including on return and readmission , provision of training , operational and technical assistance to authorities of third countries for the purpose of border management and border control , carrying out operations or joint operations at the eu’s external borders or in the territories of third countries , and deploying liaison officers and operational staff in third countries; ### 12. highlights the increased role of the european border and coast guard agency in practical and operational cooperation with third countries , including on return and readmission , provision of training , operational and technical assistance to authorities of third countries for the purpose of border management and border control , carrying out operations or joint operations at the eu’s external borders or in the territories of third countries , and deploying liaison officers and operational staff in third countries; recalls that the agency's primary role should be to repatriate systematically illegal migrants to their place of departure , wherever that may be;


### 15. calls for the extension of the mandate of the fundamental rights agency to allow it to exercise an advisory role in the external dimension of eu asylum and migration policies and its involvement in monitoring exercises; ### deleted


### 16. notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management , including return and readmission; stresses , however , that according to article 208 tfeu the primary objective of union development cooperation policy shall be the reduction and , in the long term , the eradication of poverty; calls , therefore , on the commission to ensure that policies on development cooperation do not contravene the principles enshrined in article 208 tfeu; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries , the rights of refugees and migrants , and their potential impact on regional migration patterns and contribution to local economies , and thus also undermines a wide range of rights stemming from the sustainable development goals; ### 16. notes that european development cooperation and public investments should promote eradicating poverty , climate and environmental action , economic and trade policies and addressing illegal migration , and should also be fully aligned with the principles of universal human rights , democracy and good governance;


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


### 18. stresses the importance of allocating a substantial share of future eu funding in the field of migration to civil society groups in third countries for providing assistance and for the protection and monitoring of the rights of migrants , and of ensuring that a significant part of eu funding is earmarked for the improvement of human rights , international protection , and the future perspective of refugees; ### 18. stresses the importance of allocating a substantial share of future eu funding in the field of migration to civil society groups , assist the creation of decent life for people in their home countries for providing health care , education and supporting job creation;


### 19. notes that the possibilities of mainstreaming migration policy in eu external policy are significantly broadened by the inclusion of migration in the thematic , geographical and rapid response component of the proposed neighbourhood , development , international cooperation instrument (ndici); notes with concern , however , that through the ‘rapid response’ component , cooperation with third countries on migration management can be funded without the need for the commission to publish any programming documents or consult civil society actors , and without the involvement of parliament , including in the framework of the ‘migration preparedness and crisis blueprint’ , which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021-2027 multiannual financial framework is accompanied by a robust human rights framework for the identification , implementation and monitoring of future migration cooperation programmes; ### 19. notes that the possibilities of mainstreaming migration policy in eu external policy are significantly broadened by the inclusion of migration in the thematic , geographical and rapid response component of the proposed neighbourhood , development , international cooperation instrument (ndici); notes that a non-programmed , flexible facility in the ndici will be necessary to provide swift , effective and targeted response to emerging challenges as natural disasters , armed conflicts and mass migration;


### 21. believes that parliament must make full use of its powers of implementation , scrutiny and budgetary control and ensure that eu funding decisions and related allocations comply with the union’s principles of legality and sound financial management; ### 21. believes that parliament must make full use of its powers of implementation , scrutiny and budgetary control and ensure that eu funding decisions and related allocations comply with the union’s principles of legality and sound financial management , in line with the eu’s financial regulation;


### 22. recalls the commitment of the eu and its member states under the global compact on refugees to share responsibility for the protection of refugees and ease the pressure on host countries; stresses in this regard that the eu and its member states should contribute to a more structural and substantial funding of the regions hosting most refugees , and should not use financial means to shift responsibility for the protection of refugees to third countries; reiterates the importance of fully implementing the 23 objectives of the global compact for safe , orderly and regular migration; believes that parliament must ensure the proper scrutiny of the implementation of both compacts by the eu; ### deleted


### 22. recalls the commitment of the eu and its member states under the global compact on refugees to share responsibility for the protection of refugees and ease the pressure on host countries; stresses in this regard that the eu and its member states should contribute to a more structural and substantial funding of the regions hosting most refugees , and should not use financial means to shift responsibility for the protection of refugees to third countries; reiterates the importance of fully implementing the 23 objectives of the global compact for safe , orderly and regular migration; believes that parliament must ensure the proper scrutiny of the implementation of both compacts by the eu; ### 22. warns that the global compact on refugees provides for the unfettered right to migration , especially illegally , which is particularly harmful; requests that neither the european union nor the member states be allowed to invoke it as a legislative source for their migration policy;


### 23. calls for the eu and its member states to pursue a migration policy that fully reflects the human rights of migrants as enshrined in both international and regional law; calls on the eeas , the commission and the member states to engage with third countries on the rights of migrants as an integral dimension of the eu’s human rights policy; insists that the human rights and migration nexus be adequately covered within the framework of bilateral eu human rights dialogues with the relevant countries; calls on the eu delegations in those countries to monitor closely the rights of migrants , particularly in countries of transit; insists on the proactive engagement of the eu in countries where human rights defenders and civil society organisations , including those who are protecting the lives of migrants and asylum seekers who are at risk , are under threat or are being criminalised for their legitimate work; ### 23. calls for the eu and its member states to pursue a migration policy that fully reflects the human rights of refugees as enshrined in both international and regional law; calls on the eeas , the commission and the member states to engage with third countries to address the root causes of migration as an integral dimension of the eu’s development policy; calls on the eu delegations in those countries to monitor closely the rights of refugees and internally displaced people , particularly in countries of transit; insists on the proactive engagement of the eu in developing partner countries with civil society organisations , as csos , churches , fbos and other organisations with humanitarian , education and human rights protection activities , including those who are protecting the lives of people in need , notably refugees , women and girls in armed conflicts , elderly and disabled people and other marginalised groups;


### 24. calls for the eu to carry out a global campaign to support universal ratification of the geneva convention relating to the status of refugees; urges member states to lead by example by adhering to the un convention on the rights of migrant workers , as one of the core un human rights conventions; ### deleted


### 25. believes that the eu must take a leading role in supporting policy and normative developments in relation to the rights of migrants in multilateral fora; calls on the commission and the member states to provide financial and political support for the relevant international and regional bodies , including ngos , the international committee of the red cross , the un high commissioner for refugees (unhcr) and unrwa , as well the ohchr and the un special rapporteur on the human rights of migrants; ### 25. believes that the eu must take a leading role in supporting sustainable development and policy dialogue on universal human rights in multilateral fora; calls on the commission and the member states to increase the efficiency of implementation of development funding , and urge to provide more visibility and accountability for eu funding for international and regional bodies , including ngos , the international committee of the red cross , the un high commissioner for refugees (unhcr) and unrwa , as well the ohchr and the un special rapporteur on the human rights of migrants;


### a. whereas all persons , local communities or populations have the right to the full enjoyment of their human rights , as enshrined in the universal declaration of human rights; ### a. whereas all persons , local communities or populations have the right to the full enjoyment of their human rights , as enshrined in the universal declaration of human rights , especially considering the rights to life , food security , safe drinking water and sanitation , health , housing , self-determination , work and development , as outlined in the un human rights council resolution 41/21 , and calling for global recognition of the right to a healthy environment;


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


### 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; considers that the protection of human rights defenders should be a prominent objective within the thematic pillar of the new neighbourhood , development and international cooperation instrument;


### 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 significantly exposed to climate change , and that their human rights activists and environmental defenders are often threatened when defending their land , heritage and environment from the consequences of the exploitation of natural resources;


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


### 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. expresses its deep concern at the increasing 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; condemns any attempts to deregulate environmental and human rights protections in the context of the covid-19 pandemic and other crises; also expresses its concern at the situation of environmental defenders and whistle-blowers throughout the world; recalls that everyone should have access to the enjoyment of human rights , environmental protection and sustainable development , and that no one should be penalised , persecuted or harassed for protecting the environment; calls on the commission to support environmental defenders across the world;


### 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 frequent persecution of environmental activists in developing countries;


### 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; invites the commission to introduce a duty to protect these groups in its upcoming legislative proposal on business due diligence;


### 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. supports the commission 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. 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 and developed countries; welcomes the landmark decision of the un human rights committee in the case of teitiota v. new zealand recognising 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;


### 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; calls on the commission to submit a legislative proposal to grant temporary or subsidiary protection to persons who may have had to temporarily move to the eu because of the catastrophic effects of climate change;


### 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 effective local support must be given to compensate for the negative effects of climate change on people living in developing countries , and to better protect their human rights , so that they are not forced to leave their homes , thereby avoiding humanitarian disasters;


### 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 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 when cases of intimidation , repression and violence against indigenous people and environmental defenders have been confirmed and verified should result in a reduction in external aid and support , without affecting humanitarian aid;


### 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 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 treaty for transnational corporations on human rights;


### 4. deems that the introduction of binding eu legislation on business due diligence can help improve the defence of human rights and compliance with environmental standards in the fight against climate change in developing countries; calls on the commission to continue working towards the approval of the un binding treaty for transnational corporations on human rights; ### 4. deems that the introduction of binding and harmonised eu legislation on business due diligence can help improve the defence of human rights and compliance with environmental standards in the fight against impunity and climate change in developing countries and contribute to the implementation of the united nations sustainable development goals , the paris agreement and the objectives of the eu green deal; stresses that the future legislation should take into account the specific needs and rights of women and vulnerable groups such as children and indigenous people; deems that the future legislation should be subjected to a meaningful and inclusive consultation process on the ground with the relevant stakeholders and affected communities and deems that such a process should be carried out in close cooperation with the eu delegations; calls on the commission to continue working towards the approval of the un binding treaty for transnational corporations on human rights;


### 5. calls for the eu and its member states to provide financial and technical assistance for indigenous people , refugees and displaced people in hosting communities; ### 5. calls for the eu and its member states to consider the urgency and extent of financial and technical assistance for indigenous people , refugees and displaced people in hosting communities according to the specific conditions and situation in the country;


### 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; also calls in this regard to carefully evaluate if the proposed projects have been consulted with indigenous communities and local population and have included their experience and knowledge of local ecology , human rights and development needs;


### 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. supports an approach to reducing migration based on the principle of resolving the crisis within third countries and on the strengthening of the capacity of states , civil society and un partners to implement this approach.


### 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 , indigenous peoples , environmental activists and organisations engaged in the fight against climate change worldwide , and pay a specific attention to the differentiated needs of protection of women human rights defenders;


### 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 continue its efforts to protect human rights defenders , environmental activists and organisations engaged in the fight against climate change in developing countries;


### f. whereas approaching climate change from a human rights perspective highlights the principles of universality and non-discrimination , emphasising that rights are guaranteed for all persons in the world , including vulnerable groups; ### f. whereas approaching climate change from a human rights perspective highlights the principles of universality and non-discrimination , emphasising that rights are guaranteed for all persons in the world , including vulnerable groups; whereas this ecological approach should also comprise a human dimension and respect the natural processes of birth and death of men and women;


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


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


### q. whereas climate change could reverse human development by reducing agricultural productivity , increasing food and water insecurity , increasing exposure to extreme natural disasters , causing the collapse of ecosystems and increasing health risks; ### q. whereas climate change could reverse human development by reducing agricultural productivity , increasing food and water insecurity , increasing exposure to extreme natural disasters , causing the collapse of ecosystems and increasing health risks; whereas water scarcity is a growing source of global conflict;


### x. whereas indigenous peoples enjoy specific rights as regards the protection of the environment , lands and resources as enshrined in article 7 of the ilo indigenous and tribal peoples convention of 1989; whereas article 29 of the un declaration on the rights of indigenous peoples of 2007 affirms that ‘indigenous peoples have the rights to the conservation and protection of the environment and the productive capacity of their lands or territories and resources’; ### x. whereas indigenous peoples enjoy specific rights as regards the protection of the environment , lands and resources as enshrined in article 7 of the ilo indigenous and tribal peoples convention of 1989; whereas article 29 of the un declaration on the rights of indigenous peoples of 2007 affirms that ‘indigenous peoples have the rights to the conservation and protection of the environment and the productive capacity of their lands or territories and resources’; believes furthermore that it is legitimate , from both a political and a legal point of view , that member states have exclusive sovereignty over any initiative in this regard;


### 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; ### deleted


### 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;


### 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;


### 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;


### 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;


### 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. calls for the eld to be revised as soon as possible and to be transformed into a fully harmonised regulation; emphasises that eu rules for liability of companies for environmental damage are currently not providing a level playing field , thereby distorting the proper functioning of the eu’s internal market;


### 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;


### 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;


### 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 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. 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;


### 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;


### 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; notes that some member states apply border procedures more extensively for purposes of internal security;


### 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; ### deleted


### 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 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;


### 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; ### deleted


### 18. notes with concern that applicants are frequently given little to no information about border procedures and their rights and obligations; ### deleted


### 23. shares the concerns expressed by the fra , the un high commissioner for refugees and the un special rapporteur on the human rights of migrants about respect for procedural guarantees and fundamental rights in fast-track border procedures used on the greek islands; ### deleted


### (22) union credit institutions and their subsidiaries undertake credit servicing activities as part of their normal business. they have the same obligations with regard to credit they have issued themselves and credit they purchased from another credit institution. since they are already regulated and supervised , application of this directive to their credit servicing or purchasing activities would mean unnecessary duplication of authorisation and compliance costs and therefore they are not covered by this directive. ### (22) union credit institutions undertake credit servicing activities as part of their normal business. they have the same obligations with regard to credit agreements that they have issued themselves and those purchased from another credit institution or which they service on behalf of a credit purchaser. since they are already regulated and supervised , application of this directive to their credit servicing or purchasing activities would mean unnecessary duplication of authorisation and compliance costs and therefore they are not covered by this directive. also , the outsourcing by the credit institutions of credit servicing activities , in relation to both performing and non-performing credit agreements , to credit servicers or other third parties , is outside the scope of this directive because the credit institutions already have to observe the applicable outsourcing rules. moreover , creditors that are not credit institutions but are nevertheless regulated and supervised by a competent authority of a member state in accordance with directive 2008/48/ec and directive 2014/17/eu and undertake credit servicing activities for loans granted to consumers as part of their normal business are not covered by this directive when performing in that member state credit servicing activities for loans issued by credit institutions. further , alternative investment fund manager , management company and investment company (provided that the investment company has not designated a management company) authorized or registered under directive 2011/61/eu or directive 2009/65/ec should not fall within the scope of this directive. also , there are some professions that undertake ancillary activities similar to servicing activities namely public notaries , lawyers , bailiffs and officials that perform under national law court provisions and implement the enforcement of binding measures and , therefore , member states may decide not to apply this directive for those professions.


### (31) where a credit institution transfers a credit agreement , they should be required to inform their supervisor and the competent authority for supervising compliance with this directive about the main characteristics of the transferred credit portfolio and the identity of the purchaser and , where applicable , its representative in the union. that competent authority should be obliged to transmit that information to the authorities competent to supervise the credit purchaser and the competent authority where the borrower is established. such transparency requirements allow for a harmonised and effective monitoring of the transfer of credit agreements within the union. ### (31) where a credit institution transfers a credit agreement , they should be required to inform their supervisor and the competent authority for supervising compliance with this directive on a quarterly basis and on an aggregated level about at least the aggregated outstanding balance of the transferred credit portfolio as well as number and size of the loans included and whether it includes agreements concluded with consumers. for each portfolio transferred in a single transaction information should include the legal entity identifier , or when not available the identity and address of the purchaser and , where applicable , its representative in the union. that competent authority should be obliged to transmit that information to the authorities competent to supervise the credit purchaser. such transparency requirements allow for a harmonised and effective monitoring of the transfer of credit agreements within the union. in order to comply with the principle of proportionality , competent authorities should , in order to avoid the duplication , take into account information that is already available to them by other means , in particular as regards credit institutions. it remains understood that the notification requirements to the national competent authority on a credit portfolio once such portfolio has been transferred to a credit purchaser is under the responsibility of the latter. in addition , in case of securitisation transactions , where mandatory transparency templates are foreseen , any double reporting according to this directive should be avoided.


### (33) since the valuation of a portfolio of non-performing credit is complicated and complex , actual buyers on secondary markets are sophisticated investors. often they are investment funds , financial institutions or credit institutions. as they are not creating new credit , but are buying existing credit at own risk , they do not cause prudential concerns and their potential contribution to systemic risk is negligible. it is therefore not justified to require those types of investors to apply for an authorisation or to set special conditions for them to engage in such activities. it is however important that union and national consumer protection rules continue to apply and the borrowers' rights continue to be those arising from the initial credit agreement. ### (33) since the valuation of a portfolio of non-performing credit is complicated and complex , actual buyers on secondary markets are sophisticated investors. often they are investment funds , financial institutions or credit institutions. as they are not creating new credit , but are buying existing credit at own risk , they do not cause prudential concerns and their potential contribution to systemic risk is negligible. it is therefore not justified to require those types of investors to apply for an authorisation or to set special conditions for them to engage in such activities. it is however important that union and national consumer protection rules continue to apply and the borrowers' rights continue to be those arising from the initial credit agreement. however , credit purchasers that are not credit institutions but are nevertheless regulated or supervised by a competent authority of a member state may provide in certain cases new credit to business borrowers in an effort to exercise reasonable recovery measures.


### this directive lays down a common framework and requirements for: ### this directive relates to non-performing credit agreements and lays down a common framework and requirements for:


### credit servicers acting on behalf of a credit institution or a credit purchaser in respect of a credit agreement issued by a credit institution or by its subsidiaries; ### credit servicers acting on behalf of a credit institution or a credit purchaser in respect of a non-performing credit agreement issued by a credit institution established in the union;


### credit purchasers of a credit agreement issued by a credit institution or by its subsidiaries; ### credit purchasers of a non-performing credit agreement issued by a credit institution established in the union;


### a supplementary common accelerated extrajudicial collateral enforcement mechanism in respect of secured credit agreements concluded between creditors and business borrowers which are secured by collateral. ### deleted


### the transfer of credit agreements transferred before the date referred to in the second subparagraph of article 41(2). ### the transfer of creditor’s rights or the credit agreement itself transferred before the date referred to in the second subparagraph of article41(2).


### (3) 'borrower' means a legal or natural person who has concluded a credit agreement with a creditor; ### (3) 'borrower' means a legal or natural person , other than a consumer , who has concluded a credit agreement with a creditor;


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


### 1. member states shall ensure that a credit servicer having obtained an authorisation in accordance with article 5 in a home member state has the right to provide in the union those services that are covered by that authorisation. ### 1. member states shall ensure that a credit servicer having obtained an authorisation in accordance with article 5 in a home member state has the right to provide in the union those services that are covered by that authorisation , without prejudice to national laws for borrowers’ rights.


### 1. eba shall develop draft implementing technical standards that specify the formats to be used by creditors who are credit institutions for the provision of information as set out in article 13(1) , in order to provide detailed information on their credit exposures in the banking book to credit purchasers for the screening , financial due diligence and valuation of the credit agreement. ### 1. eba shall develop draft guidelines that specify the formats that may be used by creditors who are credit institutions for the provision of information as set out in article 13(1) , in order to provide detailed information on their credit exposures in the banking book to credit purchasers for the screening , financial due diligence and valuation of the credit agreement or creditor’s rights. eba shall specify in the draft guidelines the required minimum data fields for non-performing credit agreements or creditor’s rights in order to meet the information requirements as set out in article 13(1).


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


### 2. eba shall submit those draft implementing technical standards to the commission by [31 december 2018]. ### deleted


### 3. power is conferred on the commission to adopt the implementing technical standards referred to in the paragraph 1 , in accordance with article 15 of regulation (eu) no 1093/2010 of the european parliament and of the council40 . ### deleted


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


### — having regard to its resolution of 8 july 2021 on breaches of eu law and of the rights of lgbtiq citizens in hungary as a result of the legal changes adopted by the hungarian parliament3 , ### deleted


### c. whereas the scope of article 7 teu is not confined to the obligations under the treaties , as in article 258 of the treaty on the functioning of the european union , and whereas the union can assess the existence of a clear risk of a serious breach of the common values in areas falling under member states’ competences; ### c. whereas the scope of article 7 teu is confined to the obligations under the treaties and whereas the union can assess the existence of a clear risk of a serious breach of the common values in areas falling under the eu's competences;


### d. whereas for several years the situation in hungary has not been addressed and many concerns remain , and in the meantime many new issues have arisen , which is having a negative impact on the image of the union , as well as its effectiveness and credibility in the defence of fundamental rights , human rights and democracy globally , and revealing the need to address them through concerted union action; ### deleted


### d. whereas for several years the situation in hungary has not been addressed and many concerns remain , and in the meantime many new issues have arisen , which is having a negative impact on the image of the union , as well as its effectiveness and credibility in the defence of fundamental rights , human rights and democracy globally , and revealing the need to address them through concerted union action; ### d. whereas for several years the european institutions have been using the debates on the respect for the rule of law and fundamental rights as a pretext to put political pressure on certain member states to change their policies which belong to their national competences; whereas hungary has been attacked for more than 10 years because the european left cannot bear the power of a national government in hungary that is firmly committed to classical european values and traditions and opposes the european liberal mainstream which tries to deny and eliminate these values and traditions;


### e. whereas following the ad hoc delegation of its committee on civil liberties , justice and home affairs to budapest , hungary , from 29 september to 1 october 2021 , the majority of the members of the delegation still have serious concerns about democracy , the rule of law and fundamental rights in the country; whereas the delegation has concluded that the situation has not improved since 2018 , but has instead deteriorated; ### e. whereas following the ad hoc delegation of its committee on civil liberties , justice and home affairs to budapest , hungary , from 29 september to 1 october 2021 , the majority of the members of the delegation arrived in hungary with prejudices and political bias without seeking a real understanding of the events in the country; whereas the only aim of the visit for the majority of the members of the delegation was to have their already established views echoed by certain ideologically biased ngos;


### f. whereas on 20 july 2021 , the commission indicated in the country chapter on hungary of the 2021 rule of law report that the transparency and quality of the legislative process remain a source of concern , although an amendment to the constitution will limit the powers of government as regards the ‘state of danger’ regime after july 2023; whereas concerns have been expressed about newly established private trusts receiving significant public funding , managed by board members close to the current government; ### f. whereas the commission's rule of law report does not present an objective and substantiated picture of the rule of law situation in member states as it raises serious concerns as regards its concept , methodology , sources and content; whereas the evaluative findings of the report reflect double standards and discrimination against hungary is obvious when compared to the reports on other member states;