### 14. notes that according to the court’s report the agency extended the duration of a direct contract for the provision of security and reception services beyond its duration from four to six years , increasing the contract value by 73 % , which is not in compliance with the financial regulation , thus making payments executed beyond the initial period irregular; notes the agency’s reply that the situation happened under exceptional circumstances which were timely reported and analysed in the register of exceptions; calls on the agency to ensure compliance with public procurement rules; ### 14. notes that according to the court’s report the agency extended the duration of a direct contract for the provision of security and reception services beyond its duration from four to six years , increasing the contract value by 73 % , which is not in compliance with the financial regulation , thus making payments executed beyond the initial period irregular; notes the agency’s reply that the situation happened under exceptional circumstances which were timely reported and analysed in the register of exceptions; acknowledges that decisions have been made to ensure the continuous provision of security services; calls on the agency to ensure compliance with public procurement rules;


### 15. notes , in light of comments and observations from the discharge authority related to the extensive use of external contractors for the development and maintenance of it projects , that the agency is working on a sourcing strategy to ensure the best use of its own resources; acknowledges that the decision to allocate sufficient staff resources lies with parliament and council as budget authorities; ### 15. welcomes that in light of comments and observations from the discharge authority related to the extensive use of external contractors for the development and maintenance of it projects , the agency is working on a sourcing strategy to ensure the best use of its own resources; highlights that the court has identified a horizontal trend across agencies in use of external staff hired in it consultancy; stresses that the agency's dependence on external recruitment in this area needs to be urgently addressed; acknowledges that the decision to allocate sufficient staff resources lies with parliament and council as budget authorities;


### 16. notes that in november 2018 the agency finalised the implementation of the new rules on the prevention and management of conflicts of interest for the members of the management board and the advisory groups which encompasses annual submission of their declarations of interest and the assessment of the declarations by the chairpersons of the management board and the respective advisory groups , as applicable , with the support of the agency , followed by their publication on the agency’s website; notes that the agency has in place rules on the prevention and management of conflicts of interest for staff members; notes that in 2018 , all members of staff submitted declarations of interest of which 31 declared an interest (corresponding to 20 % of the staff) that was assessed by the line managers and that for three staff members (corresponding to 2 % of the staff) actions were taken to mitigate the risk of potential conflict of interest; notes that in june 2018 , the management board adopted the agency’s decision on guidelines on whistleblowing; notes that according to the agency’s reply there is no legal obligation to publish the cvs of the members of its management board; ### 16. notes with satisfaction that in november 2018 the agency finalised the implementation of the new rules on the prevention and management of conflicts of interest for the members of the management board and the advisory groups which encompasses annual submission of their declarations of interest and the assessment of the declarations by the chairpersons of the management board and the respective advisory groups , as applicable , with the support of the agency; welcomes the adoption of a new model of declarations of interest , followed by their publication on the agency’s website; notes that the agency has in place rules on the prevention and management of conflicts of interest for staff members; notes that in 2018 , all members of staff submitted declarations of interest of which 31 declared an interest (corresponding to 20 % of the staff) that was assessed by the line managers and that for three staff members (corresponding to 2 % of the staff) actions were taken to mitigate the risk of potential conflict of interest; regrets however that the new model of declaration of interest has not also been applied to the executive leadership; notes with regret that only a declaration of absence of conflict of interest is available for the executive director; notes that in june 2018 , the management board adopted the agency’s decision on guidelines on whistleblowing; notes that according to the agency’s reply there is no legal obligation to publish the cvs of the members of its management board; highlights in that respect that the union agencies should set a model in terms of transparency and calls on the members of the management board to publish their cvs on the agency's website;


### 1. grants the administrative director of the european union agency for criminal justice cooperation (eurojust) discharge in respect of the implementation of eurojust’s budget for the financial year 2018/ postpones its decision on granting the administrative director of the european union agency for criminal justice cooperation (eurojust) discharge in respect of the implementation of the eurojust’s budget for the financial year 2018; ### 1. grants the administrative director of the european union agency for criminal justice cooperation (eurojust) discharge in respect of the implementation of eurojust’s budget for the financial year 2018;


### 1. approves the closure of the accounts of eurojust for the financial year 2018/ postpones the closure of the accounts of the eurojust for the financial year 2018; ### 1. approves the closure of the accounts of eurojust for the financial year 2018;


### 2. notes that eurojust uses quantitative and qualitative key performance indicators (kpis) to measure the achievements of its objectives for its annual activities and impact , outcome indicators , its activity/output indicators and its business/ technical/ operational indicators , as well as for its support/ management/ governance indicators in order to improve its budget management; notes that eurojust was able to measure and assess the achievement of 98 of the 119 kpis (82 %) set for 2018 , of which 72 % of the initial targets were achieved or exceeded; notes that eurojust has introduced a number of new indicators in the 2018 annual work programme for which a baseline figure does not exist , and that consequently 15 % of kpis could not be assessed; ### 2. notes with satisfaction that eurojust uses quantitative and qualitative key performance indicators (kpis) to measure the achievements of its objectives for its annual activities and impact , outcome indicators , its activity/output indicators and its business/ technical/ operational indicators , as well as for its support/ management/ governance indicators in order to improve its budget management; notes that eurojust was able to measure and assess the achievement of 98 of the 119 kpis (82 %) set for 2018 , of which 72 % of the initial targets were achieved or exceeded; notes that eurojust has introduced a number of new indicators in the 2018 annual work programme for which a baseline figure does not exist , and that consequently 15 % of kpis could not be assessed; calls on eurojust to address this issue and ensure that all indicators can be properly assessed , and to report to the discharge authority on the progress achieved by june 2020;


### 4. notes that eurojust continues to develop strong operational cooperation with the european union agency for law enforcement cooperation (europol) and with other justice and home affairs partners as well as with third countries; notes that in 2018 it started negotiations for a cooperation agreement with the european borders and coast guard agency; notes that eurojust also cooperated with the european anti-fraud office , encourages national authorities to consider involving both bodies as appropriate , and furthermore encourages eurojust to participate on joint procurement procedures with europol and the european medicines agency; ### 4. welcomes the fact that eurojust continues to develop strong operational cooperation with the european union agency for law enforcement cooperation (europol) and with other justice and home affairs partners as well as with third countries; notes that in 2018 it started negotiations for a cooperation agreement with the european borders and coast guard agency; notes that eurojust also cooperated with the european anti-fraud office and encourages national authorities to consider involving both bodies where appropriate; and furthermore encourages eurojust to participate on joint procurement procedures with europol and the european medicines agency;


### 5. notes that on 31 december 2018 , the establishment plan was 99.04 % executed , with 207 temporary agents appointed out of 209 temporary agents authorised under the union budget (compared with 208 authorised posts in 2017); notes that in addition , 15 contract agents and 16 seconded national experts worked for eurojust in 2018; ### 5. appreciates the fact that on 31 december 2018 , the establishment plan was 99.04 % executed , with 207 temporary agents appointed out of 209 temporary agents authorised under the union budget (compared with 208 authorised posts in 2017); notes that in addition , 15 contract agents and 16 seconded national experts worked for eurojust in 2018;


### 6. notes that , following the court’s suggestion of previous years , eurojust has , since june 2019 , been advertising vacancies on the website of the european personnel selection office , making use of the capability to publish the titles of such vacancies in all the union’s official languages with a link to the full text in the english language only; ### 6. notes with appreciation that , following the court’s suggestion of previous years , eurojust has , since june 2019 , been advertising vacancies on the website of the european personnel selection office , making use of the capability to publish the titles of such vacancies in all the union’s official languages with a link to the full text in the english language only;


### 7. notes that , in light of the observations from the discharge authority , eurojust will consider adopting a fundamental rights strategy , including a reference to fundamental rights in a code of conduct that could define the duties of its staff and training for staff , and shall do so in consultation with the commission and other union’s agencies in order to ensure a coordinated approach; ### 7. notes with satisfaction that , in light of the observations from the discharge authority , eurojust will consider adopting a fundamental rights strategy , including a reference to fundamental rights in a code of conduct that could define the duties of its staff and training for staff , and that it shall do so in consultation with the commission and other union agencies in order to ensure a coordinated approach;


### 8. notes that , according to the court’s report , eurojust signed an it framework contract with a company which provided the same service under a previous framework contract , without prior publication of a contract notice during the negotiated procurement procedure; notes that all payments made under that framework contract and all related specific contracts are irregular and that a simplified procedure is only acceptable under specific circumstances which were not substantiated by eurojust; notes eurojust’s reply that the negotiated procedure was done on the basis of article 134 (f) of the rules of application of the commission delegated regulation (eu) 2015/246216 , which allow this procedure to be used where a change of supplier would result in incompatibility or disproportionate technical difficulties in operation and maintenance; ### 8. notes that , according to the court’s report , eurojust signed an it framework contract with a company which provided the same service under a previous framework contract , without prior publication of a contract notice during the negotiated procurement procedure; notes that all payments made under that framework contract and all related specific contracts are irregular and that a simplified procedure is only acceptable under specific circumstances which were not substantiated by eurojust; acknowledges from eurojust’s reply that the negotiated procedure was done on the basis of article 134 (f) of the rules of application of the commission delegated regulation (eu) 2015/246216 , which allow this procedure to be used where a change of supplier would result in incompatibility or disproportionate technical difficulties in operation and maintenance , and that , therefore , this solution was considered to be the most cost-effective; calls on eurojust to ensure compliance with public procurement rules;


### 9. acknowledges eurojust’s existing measures and its ongoing efforts to secure transparency , prevention and management of conflicts of interest; notes that eurojust adopted college decision 2019-02 on the eurojust’s guidelines on whistleblowing applicable to all staff; notes that , according to eurojust , training on such rules was provided during 2019 , as required; ### 9. appreciates eurojust’s existing measures and its ongoing efforts to secure transparency , prevention and management of conflicts of interest; notes that eurojust adopted college decision 2019-02 on the eurojust’s guidelines on whistleblowing applicable to all staff; notes that , according to eurojust , training on such rules was provided during 2019 , as required;


### 10. notes that , in light of the observations from the discharge authority , the publication of declarations of interest are at present being addressed by the project team on rules of procedure in the draft code of ethics for the college of eurojust; notes that eurojust adopted the updated anti-fraud strategy through college decision 2018-19 of 6 november 2018; ### 10. welcomes the fact that , in light of the observations from the discharge authority , the publication of declarations of interest in the draft code of ethics for the college of eurojust are at present being addressed by the project team on rules of procedure; notes that for the time being eurojust has published declarations of absence of conflict of interest; calls on eurojust to also publish the cvs of the management board members and of its executive leadership; notes that eurojust adopted the updated anti-fraud strategy through college decision 2018-19 of 6 november 2018;


### (2) ‘service provider’ means any natural or legal person that provides one or more of the following categories of services: ### (2) ‘service provider’ means any natural or legal person that provides at least one of the following categories of services:


### having a substantial connection to the member state referred to in point (a); ### having a substantial connection to the member state referred to in point (a); such a substantial connection to the member state(s) is considered to exist where the service provider has an establishment in the union; in the absence of such establishment , substantial connection is identified on the basis of the existence of a significant number of users in one or more member states , or the targeting of activities towards one or more member states which can be determined on the basis of all relevant circumstances such as , among others , the use of a language or currency used in that member state or the availability of an 'app' in the relevant national app store; a substantial connection is also to be assumed where a service provider directs its activities towards one or more member states as set out in article 17 (1)(c) of regulation 1215/2012


### (4) ‘establishment’ means either the actual pursuit of an economic activity for an indefinite period through a stable infrastructure from where the business of providing services is carried out or a stable infrastructure from where the business is managed; ### (4) ‘establishment’ means either the actual pursuit of an economic activity for an indefinite period through a stable infrastructure from where the provision of services is carried out or the place of the business' central administration;


### 1. grants the executive director of the european union agency for law enforcement training discharge in respect of the implementation of the agency's budget for the financial year 2018 / postpones its decision on granting the executive director of the european union agency for law enforcement training discharge in respect of the implementation of the agency’s budget for the financial year 2018; ### 1. grants the executive director of the european union agency for law enforcement training discharge in respect of the implementation of the agency's budget for the financial year 2018;


### 1. approves the closure of the accounts of the european union agency for law enforcement training for the financial year 2018 / postpones the closure of the accounts of the european union agency for law enforcement training for the financial year 2018; ### 1. approves the closure of the accounts of the european union agency for law enforcement training for the financial year 2018;


### 4. notes that the agency continues to cooperate closely with the justice and home affairs agencies’ network , and the nine agencies which comprise it , including in particular european union agency for law enforcement cooperation and european border and coast guard agency; notes that they share trainings and organise courses together; ### 4. welcomes the fact that the agency continues to cooperate closely with the justice and home affairs agencies’ network , and the nine agencies which comprise it , including in particular the european union agency for law enforcement cooperation and the european border and coast guard agency; notes that they share training and organise courses together;


### 7. observes that , as a consequence of its relocation from the united kingdom to hungary and the lower correction coefficient applied to staff salaries as a result , the staff turnover has been high and geographical balance has not always been maintained as applications from member states other than the host country have decreased; notes that in 2018 , the agency continued to receive a significant number of applications from hungarian citizens and host member state nationals continued to be overrepresented in the total number of staff; observes that the legal dispute regarding the relocation was closed by the court during 2018 , and the initial judgment was confirmed; ### 7. observes that , as a consequence of its relocation from the united kingdom to hungary and the lower correction coefficient applied to staff salaries as a result , the staff turnover has been high and geographical balance has not always been maintained as applications from member states other than the host country have decreased; notes that in 2018 , the agency continued to receive a significant number of applications from hungarian citizens and host member state nationals continued to be overrepresented in the total number of staff; observes that the legal dispute regarding the relocation was closed by the court during 2018 , and the initial judgment was confirmed; highlights that a low correction coefficient applied to staff salaries may create difficult situations which may hamper an agency's ability to effectively perform its daily duties; stresses that agencies located in countries where a low correction coefficient is applied should receive further support from the commission for implementing complementary measures in order to make them more attractive to current and prospective staff; calls on the commission to assess the impact and viability of applying salary correction coefficients in the future;


### 8. recalls the suggestion of the court to publish vacancy notices on the website of the european personnel selection office in order to increase publicity; understands the agency’s reply concerning the high translation costs triggered by such publication; furthermore acknowledges that the agency in 2018 published all vacancies also on the interagency job board developed by the eu agencies network; ### 8. recalls the suggestion of the court to publish vacancy notices on the website of the european personnel selection office in order to increase publicity; understands the agency’s reply concerning the high translation costs triggered by such publication; furthermore acknowledges that the agency in 2018 published all vacancies also on the interagency job board developed by the eu agencies network; recalls however , that without incurring high translation costs , the agency should take a first step in this direction and make use of the capability to publish titles of such vacancies in all the official languages of the union with a link to the full text in the english language only;


### 9. recalls from the court´s report that by the end of 2017 the agency had not yet introduced all the tools launched by the commission aiming to introduce a single solution for the electronic exchange of information with third parties participating in public procurement procedures (e-procurement); notes that according to the agency’s reply , it has introduced e-invoicing and e-tendering , and it intends to adopt e-submission; ### 9. recalls from the court´s report that by the end of 2017 the agency had not yet introduced all the tools launched by the commission aiming to introduce a single solution for the electronic exchange of information with third parties participating in public procurement procedures (e-procurement); notes that according to the agency’s reply , it has introduced e-invoicing and e-tendering , and it intends to adopt e-submission; calls on the agency to report to the discharge authority on the progress made in this regard by june 2020;


### 10. notes with concern that the agency awarded a framework contract for travel arrangements for its own staff and for participants in training , without requesting an explanation from the winning tenderer for its potentially abnormally low tender; notes that according to the agency’s reply , it accepts the court’s observation that this assessment was not formalised in the evaluation report; calls on the agency to request and analyse the reasons behind potentially abnormally low tenders; ### 10. notes with concern that the agency awarded a framework contract for travel arrangements for its own staff and for participants in training , without requesting an explanation from the winning tenderer for its potentially abnormally low tender; notes that according to the agency’s reply , the evaluation committee did not proceed in seeking clarifications because , due to their daily work , they were already aware of the prices charged by the company holding the previous contract; acknowledges that the agency accepts the court’s observation that this assessment was not formalised in the evaluation report; calls on the agency to request and analyse the reasons behind potentially abnormally low tenders , and to ensure that all assessments are adequately formalised in future evaluation reports;


### 11. acknowledges the agency’s existing measures , and its ongoing efforts in relation to securing transparency , in relation to prevention and management of conflicts of interests , and in relation to whistle-blower protection; expresses satisfaction that the agency has set up and implemented internal rules on whistleblowing; ### 11. appreciates the agency’s existing measures , and its ongoing efforts in relation to securing transparency , in relation to prevention and management of conflicts of interests , and in relation to whistle-blower protection; expresses satisfaction that the agency has set up and implemented internal rules on whistleblowing and that it has published cvs and declarations of interest for members of the management board and of the executive director;


### 12. notes that in february 2017 the agency successfully concluded iso 9001:2015 certification of the agency’s management system in order to improve and better demonstrate its commitment to quality; observes that , based on the positive results of surveillance audits implemented in 2018 as well as in the beginning of 2019 , the agency has maintained its certification; ### 12. welcomes the fact that in february 2017 the agency successfully concluded iso 9001:2015 certification of the agency’s management system in order to improve and better demonstrate its commitment to quality; observes that , based on the positive results of surveillance audits implemented in 2018 as well as in the beginning of 2019 , the agency has maintained its certification;


### 14. notes the agency’s efforts to ensure a cost-effective and environment-friendly work-place; points out that the agency does not have a carbon off-setting scheme in place but acknowledges on the basis of the agency’s reply that the cost of participating in such a scheme cannot be covered from its limited financial resources , and acknowledges that the agency encourages its staff to make use of public transportation to reduce emissions; ### 14. notes the agency’s efforts to ensure a cost-effective and environment-friendly work-place; regrets that the agency does not have a carbon off-setting scheme in place but acknowledges on the basis of the agency’s reply that the cost of participating in such a scheme cannot be covered from its limited financial resources , and acknowledges that the agency encourages its staff to make use of public transportation to reduce emissions;


### 11. underlines the importance of the cooperation between the edps and the national data protection authorities in the member states to ensure an effective supervision and a collaboration in the preparation for the new legal framework; calls on the edps to inform parliament’s budget control committee on all the results achieved; ### 11. notes that there is a need for greater transparency and cooperation between european data protection authorities; underlines the importance of the cooperation between the edps and the national data protection authorities in the member states to ensure an effective supervision and a collaboration in the preparation for the new legal framework; calls on the edps to inform parliament’s budget control committee on all the results achieved;


### 13. recognises the edps’s intentions in the modernisation of its procurement processes to install an electronic workflow in order to set up a paperless mode; reiterates the importance of the interinstitutional cooperation between the edps and the commission in terms of procurement , financial management and human resources; welcomes the service level agreement with the commissions’ directorate-general for budget and directorate-general for informatics related to the it tools “abac” and “sysper ii” as requested in the last discharge report; ### 13. welcomes the edps’s intentions in the modernisation of its procurement processes to install an electronic workflow in order to set up a paperless mode; reiterates the importance of the interinstitutional cooperation between the edps and the commission in terms of procurement , financial management and human resources; welcomes the service level agreement with the commissions’ directorate-general for budget and directorate-general for informatics related to the it tools “abac” and “sysper ii” as requested in the last discharge report; encourages edps to continue a real policy for the digitalization of its services;


### (2) an integrated financial system will enhance the resilience of the economic and monetary union to adverse shocks by facilitating private cross-border risk-sharing , while at the same time reducing the need for public risk-sharing. in order to achieve these objectives , the union should complete the banking union and further develop a capital markets union (cmu). addressing high stocks of npls and their possible future accumulation is essential to completing the banking union as it is essential for ensuring competition in the banking sector , preserving financial stability and encouraging lending so as to create jobs and growth within the union. ### (2) an integrated financial system will enhance the resilience of the economic and monetary union to adverse shocks by facilitating private cross-border risk-sharing , while at the same time reducing the need for public risk-sharing. in order to achieve these objectives , the union should complete the banking union and further develop a capital markets union (cmu). addressing high stocks of npls and their possible future accumulation is essential to strengthening the banking union as it is essential for ensuring competition in the banking sector , preserving financial stability and encouraging lending so as to create jobs and growth within the union.


### (3) in july 2017 the council in its "action plan to tackle non-performing loans in europe"25 called upon various institutions to take appropriate measures to further address the high number of npls in the union. the action plan sets out a comprehensive approach that focuses on a mix of complementary policy actions in four areas: (i) bank supervision and regulation (ii) reform of restructuring , insolvency and debt recovery frameworks , (iii) developing secondary markets for distressed assets , and (iv) fostering restructuring of the banking system. actions in these areas are to be taken at national level and at union level where appropriate. the commission announced a similar intention in its "communication on completing the banking union" of 11 october 201726 , which called for a comprehensive package on tackling npls within the union. ### (3) in july 2017 the council in its "action plan to tackle non-performing loans in europe"25 called upon various institutions to take appropriate measures to further address the high number of npls in the union and to avoid long-run increases of npls in the future. the action plan sets out a comprehensive approach that focuses on a mix of complementary policy actions in four areas: (i) bank supervision and regulation (ii) reform of restructuring , insolvency and debt recovery frameworks , (iii) developing secondary markets for distressed assets , and (iv) fostering restructuring of the banking system. actions in these areas are to be taken at national level and at union level where appropriate. the commission announced a similar intention in its "communication on completing the banking union" of 11 october 201726 , which called for a comprehensive package on tackling npls within the union.


### 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 of creditor's rights under a non-performing credit agreement or of the non-performing credit agreement itself issued by a credit institution established in the union , who act on behalf of a credit institution or a credit purchaser;


### the servicing of a credit agreement carried out by a credit institution established in the union or its subsidiaries established in the union; ### the servicing of a credit agreement carried out by a credit institution established in the union or its subsidiaries established in the union; an aifm as defined in point (b) of article 4(1) of directive2011/61/eu; a management company as defined in point (b) of article 2(1) in directive 2009/65/ec; or an investment firm as defined in point (1) of article 4(1) of directive 2014/65/eu;


### where the applicant is a legal person , the members of its management or administrative organ and the persons who hold qualifying holdings in the applicant , within the meaning of point (36) of article 4(1) of regulation (eu) no 575/2013 , or where the applicant is a natural person , shall have the following characteristics: ### the members of its management or administrative organ are of sufficiently good repute by proving that they:


### are of sufficiently good repute; ### have a clean police record or other national equivalent in relation to serious criminal offences relating to property , to financial activities , money laundering , fraud , tax crimes , violation of professional secrecy or to physical integrity;


### (ii) have a clean police record or other national equivalent in relation to serious criminal offences relating to property , to financial activities or to physical integrity; ### (ii) are not subject to any on-going insolvency procedure or have previously been declared bankrupt unless reinstated in accordance with national law;


### (iii) are not currently subject to any insolvency procedure or have previously been declared bankrupt unless reinstated in accordance with national law; ### (iii) the management , taken as a whole , has adequate knowledge and experience to conduct the business in a competent and responsible manner.


### has ceased to engage in the activities of a credit servicer for more than six months; ### has ceased to engage in the activities of a credit servicer for more than one year;


### 1. member states shall ensure that a creditor shall provide all necessary information to a credit purchaser to enable that credit purchaser assess the value of the credit agreement and the likelihood of recovery of the value of that agreement prior to entering into a contract for the transfer of that credit agreement. ### 1. member states shall ensure that a creditor provides the necessary information regarding the creditor’s rights under a non-performing credit agreement or the non-performing credit agreement itself and , if applicable , the collateral , to a credit purchaser to enable that credit purchaser to assess the value of the creditor’s rights under a non-performing credit agreement or the non-performing credit agreements itself and the likelihood of recovery of the value of that agreement prior to entering into a contract for the transfer of that creditor’s rights under a non-performing credit agreement or of that non-performing credit agreement while ensuring the protection of information made available by the creditor and the confidentiality of business data.


### 1. member states shall require a credit purchaser or , where applicable , its representative designated in accordance with article 17 , that transfers a credit agreement to another credit purchaser to inform the competent authorities referred to in article 18(1) of the transfer , the identity and address of the new credit purchaser and , where applicable , its representative designated in accordance with article 17. ### 1. when a credit purchaser transfers a creditor’s rights under a non-performing credit agreement or the non-performing credit agreements itself to another credit purchaser , member states shall require the appointed credit servicer to inform the competent authorities of the home member state on a quarterly basis for each transfer about the new credit purchaser’s legal entity identifier (lei) or where such identifier does not exist about:


### article 34 ### deleted


### a clear and comprehensive description of the proposed changes; ### a clear description of the proposed changes;


### the provision of information to individuals about the processing of personal data and the processing of such personal data and any other processing of personal data for the purposes of this directive shall be carried out in accordance with regulation (eu) 2016/679 and with regulation (ec) no 45/2001. ### the provision of information to individuals about the processing of personal data and the processing of such personal data and any other processing of personal data for the purposes of this directive shall be carried out in accordance with regulation (eu) 2016/679 and with regulation (ec) no 45/2001. debt collection is a legal ground for data storing and processing.


### 1. grants the executive director of the european union agency for law enforcement training (cepol) discharge in respect of the implementation of the agency's budget for the financial year 2020 / postpones its decision on granting the executive director of the european union agency for law enforcement training (cepol) discharge in respect of the implementation of the agency's budget for the financial year 2020; ### 1. grants the executive director of the european union agency for law enforcement training (cepol) discharge in respect of the implementation of the agency's budget for the financial year 2020;


### 1. approves the closure of the accounts of the european union agency for law enforcement training (cepol) for the financial year 2020 / postpones the closure of the accounts of the european union agency for law enforcement training (cepol) for the financial year 2020; ### 1. approves the closure of the accounts of the european union agency for law enforcement training (cepol) for the financial year 2020;


### 2. notes that , according to the court’s report , the agency paid a cancellation fee for a hotel booking for a training event in budapest due to the covid-19 restrictions; notes the court’s finding that if the agency had invoked the "force majeure" clause in the framework contract instead , it could have cancelled the reservation without cost; notes in addition that the event had been planned on 29 june 2020 , when the situation in hungary was already uncertain; notes with regret that the agency did not take the necessary steps to protect the financial interests of the union and that the related payment is therefore deemed irregular by the court; ### 2. notes with concern that , according to the court’s report , the agency paid a cancellation fee for a hotel booking for a training event in budapest due to the covid-19 restrictions; highlights the court’s finding that if the agency had invoked the "force majeure" clause in the framework contract instead , it could have cancelled the reservation without cost; notes in addition that the event had been planned on 29 june 2020 , when the situation in hungary was already uncertain; regrets that the agency did not take the necessary steps to protect the financial interests of the union and that the related payment is therefore deemed irregular by the court;


### 4. notes that , despite the covid-19 outbreak , the agency continued to increase its outreach with the number of training participants increasing by 13%; notes that , on 30 april 2020 , the agency launched a new law enforcement education (leed) platform; notes that the pilot cepol knowledge centre on counter terrorism was set up , having the mandate to elaborate a comprehensive multiannual training portfolio; ### 4. welcomes the fact that , despite the covid-19 outbreak , the agency continued to increase its outreach with the number of training participants increasing by 13%; notes that , on 30 april 2020 , the agency launched a new law enforcement education (leed) platform; notes that the pilot cepol knowledge centre on counter terrorism was set up , having the mandate to elaborate a comprehensive multiannual training portfolio;


### 10. observes that there were 16 resignations in 2020 (versus 6 in 2019) due to either the closure of western balkans project or due to new job opportunities in and outside the agency; notes that the higher staff fluctuation had a significant impact on the organisation , on top of the covid-19 pandemic , and that interim staff and seconded national experts have been contracted to fill in for staff absences and to cope with peak periods; ### 10. observes that there were 16 resignations in 2020 (versus 6 in 2019) due to either the closure of western balkans project or due to new job opportunities in and outside the agency; reiterates its concern that the agency continues to suffer from a high staff turnover and a limited number of applications from member states other than the host member state; notes that the higher staff fluctuation had a significant impact on the organisation , on top of the covid-19 pandemic , and that interim staff and seconded national experts have been contracted to fill in for staff absences and to cope with peak periods; calls on the commission to engage in an active dialogue with the agency in order to address those issues;


### 14. notes the agency’s existing measures and ongoing efforts to secure transparency and the prevention and management of conflicts of interest; expresses satisfaction that the agency has set up and implemented a code of administrative behaviour in 2019 , the anti-fraud sub-strategy and policy on management of conflict of interest in 2020; notes with satisfaction that declarations of interests and cv’s of management board members and senior management are published on the agency’s website; notes that the declarations on conflicts of interest and confidentiality for the remunerated experts are collected and screened before signature of contract; ### 14. welcomes the agency’s existing measures and ongoing efforts to secure transparency and the prevention and management of conflicts of interest; expresses satisfaction that the agency has set up and implemented a code of administrative behaviour in 2019 , the anti-fraud sub-strategy and policy on management of conflict of interest in 2020; notes with satisfaction that declarations of interests and cv’s of management board members and senior management are published on the agency’s website; notes that the declarations on conflicts of interest and confidentiality for the remunerated experts are collected and screened before signature of contract;


### 22. notes that the agency does not have a policy regarding cyber security and the protection of the digital records; notes with concern that the agency was subject to a cyberattack that led to a temporary shutdown of online training activities for approximately 3 weeks; calls on the agency to inform the discharge authority regarding its efforts in the area of cyber security; ### 22. regrets that the agency does not have a policy regarding cyber security and the protection of the digital records; notes with concern that the agency was subject to a cyberattack that led to a temporary shutdown of online training activities for approximately 3 weeks; calls on the agency to inform the discharge authority regarding its efforts in the area of cyber security;


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


### (6) the safeguards and limitations already established by directive (eu) 2019/1153 should also apply in respect of the possibilities to access and search bank account information , through the bar single access point , established by the present directive. these safeguards and limitations include those concerning the limitation to the authorities that have the power to access and search bank account information , the purposes for which the access and search may be conducted , the types of information that are accessible and searchable , requirements applicable to the staff of the designated competent authorities , the security of the data and the logging of access and searches. ### (6) the safeguards and limitations already established by directive (eu) 2019/1153 should also apply in respect of the possibilities to access and search bank account information , through the bar single access point , established by the present directive. these safeguards and limitations include those concerning the limitation to the authorities that have the power to access and search bank account information , the purposes for which the access and search may be conducted , the types of information that are accessible and searchable while respecting the principle of data minimisation , requirements applicable to the staff of the designated competent authorities , the security of the data and the logging of access and searches.


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


### 1. deeply regrets that the obligation included in regulation (eu) 2019/1896 to recruit at least 40 fundamental rights monitors by 5 december 2020 has still not been fulfilled; urges the european border and coast guard agency (the ‘agency’) to swiftly recruit the remaining fundamental rights monitors and to appoint them at ad level , as parliament and the commission have repeatedly called for; reminds the agency that that is one of seven conditions set by the parliament in its previous discharge reports; recognises the progress made by the agency in that respect; highlights however that the lack of fulfilment of those conditions increases the risk of refusal to grant discharge for the financial year 2020; ### 1. deeply regrets that the obligation included in regulation (eu) 2019/1896 to recruit at least 40 fundamental rights monitors by 5 december 2020 has still not been fulfilled; urges the european border and coast guard agency (the ‘agency’) to swiftly recruit the remaining fundamental rights monitors and to appoint them at ad level , as parliament and the commission have repeatedly called for; reminds the agency that that is one of seven conditions set by the parliament in its previous discharge reports; recognises the progress made by the agency in that respect and welcomes the intention of the fundamental rights officer (fro) and the agency ad interim executive management to increase the number of fundamental rights monitors to 46; highlights however that the lack of fulfilment of those conditions increases the risk of refusal to grant discharge for the financial year 2020;


### 1. grants/refuses to grant the executive director of the european border and coast guard agency discharge in respect of the implementation of the agency’s budget for the financial year 2020; ### 1. refuses to grant the executive director of the european border and coast guard agency discharge in respect of the implementation of the agency’s budget for the financial year 2020;


### 1. approves the closure of the accounts of the european border and coast guard agency for the financial year 2020 / points out that a proposal to close the accounts of the european border and coast guard agency for the financial year 2020 must be submitted at a subsequent part-session; ### 1. points out that a proposal to close the accounts of the european border and coast guard agency for the financial year 2020 must be submitted at a subsequent part-session;


### 1. notes the resignation of the executive director of the agency on 28 april 2022 and the appointment by the management board of an executive director ad interim as of 1 july 2022; notes the vacancy notice for a new executive director of the agency published on 21 june 2022; calls on the management board of the agency to appoint an executive director as soon as possible; ### 1. notes the resignation of the executive director of the agency on 28 april 2022 , following numerous reports and journalistic investigations exposing wrongdoing particularly in the field of upholding human rights; further notes the appointment by the management board of an executive director ad interim as of 1 july 2022; notes the vacancy notice for a new executive director of the agency published on 21 june 2022; calls on the management board of the agency to appoint an executive director as soon as possible; highlights that the new executive director should commit to ensuring full respect of fundamental rights in all activities of the agency as well as have high-level administrative and management skills; in line with parliament's prerogatives , invites the management board and the commission to actively engage with the parliament in this process , committing to full transparency and accountability before parliament;


### 1. notes the resignation of the executive director of the agency on 28 april 2022 and the appointment by the management board of an executive director ad interim as of 1 july 2022; notes the vacancy notice for a new executive director of the agency published on 21 june 2022; calls on the management board of the agency to appoint an executive director as soon as possible; ### 1. notes the resignation of the executive director of the agency on 28 april 2022 and the appointment by the management board of an executive director ad interim as of 1 july 2022; notes the vacancy notice for a new executive director of the agency published on 21 june 2022; calls on the management board of the agency to appoint an executive director as soon as possible; before advancing this recruitment , invites the management board to commit to increased transparency and accountability to parliament , to be confirmed through a written exchange; recalls that public access to olaf final reports concerning the agency , in an appropriate format for public use , as well as the full implementation of all recommendations by parliament , and in particular by its frontex scrutiny working group , should form part of such a commitment of the management board to transparency and accountability;


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


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


### 2. regrets that the call to suspend the agency’s support for return-related operations from hungary for as long as , and as concluded by the court of justice of the european union , the return decisions issued by the hungarian authorities are incompatible with directive 2008/115/ec and the charter of fundamental rights of the european union has not been fulfilled; is deeply concerned that the agency’s management board has still not adopted a detailed procedure for the implementation of article 46 of regulation (eu) 2019/1896 , especially in the light of developments in greece; ### 2. regrets that the call to suspend the agency’s support for return-related operations from hungary for as long as , and as concluded by the court of justice of the european union , the return decisions issued by the hungarian authorities are incompatible with directive 2008/115/ec and the charter of fundamental rights of the european union has not been fulfilled; notes the adoption of the standard operating procedures for article 46 , in the form of an executive director decision in january 2022; highlights the importance of implementing these procedures abiding by the highest standards of respecting fundamental rights , especially in light of reported developments in greece;


### 2. welcomes the briefing note on ‘actions taken by frontex management during transition period’ that was sent to the committee on budgetary control on 27 june 2022 that informs the discharge authority on the measures taken by the interim management of the agency , in anticipation of the appointment of a new executive director; calls on the interim management and on the to be appointed executive director to continue with pro-actively informing the discharge authority on its response to its observations and recommendations; ### 2. welcomes the briefing note on ‘actions taken by frontex management during transition period’ that was sent to the committee on budgetary control on 27 june 2022 that informs the discharge authority on the measures taken by the interim management of the agency , in anticipation of the appointment of a new executive director; welcomes the acknowledgement by the acting executive director of the standing problems of the agency and appreciates her commitment to ensuring that the agency fully implements its mandate and operates in full respect of the rule of law and fundamental rights , to changing the organisational culture of the agency , including making sure people are not afraid to speak up about possible wrongdoings and that there is proper follow-up , to establishing a dialogue with the members of staff , to encouraging delegation of powers and to building relationships of trust with other institutions and the public; further welcomes also her commitment to transparency; calls on the interim management and on the to be appointed executive director to continue with pro-actively informing the discharge authority on its response to its observations and recommendations;


### 2. notes the court’s remark that , for the financial planning of its return operations , the agency relies on estimates provided by the cooperating countries and that complete and timely availability of this information is crucial; notes the court’s observation that in 2020 in one case a national authority included two previously unannounced return operations , totalling eur 355 000 , in a grant agreement at the financial closure of the action , resulting in a sudden budgetary deficit for the agency , that forced the agency to make an ex-post budgetary commitment , contravening the agency’s financial regulation; acknowledges the dependence of the agency on cooperating countries and calls on the agency to be more strict in setting and enforcing standards related to completeness and timeliness for the receipt of information related to financial planning of operations , including the return operations; ### 2. notes the court’s remark that , for the financial planning of its return operations , the agency relies on estimates provided by the cooperating countries and that complete and timely availability of this information is crucial; notes the court’s observation that in 2020 in one case a national authority included two previously unannounced return operations , totalling eur 355 000 , in a grant agreement at the financial closure of the action , resulting in a sudden budgetary deficit for the agency , that forced the agency to make an ex-post budgetary commitment , contravening the agency’s financial regulation; acknowledges the dependence of the agency on cooperating countries and calls on the agency to be more strict in setting and enforcing standards related to completeness and timeliness for the receipt of information related to financial planning of operations , including the return operations; recalls that rules and principles of the agency's financial regulation must be observed and respected in all situations;


### 3. welcomes the decision to partially grant access to the report of the european anti-fraud office (olaf) on the investigation conducted with respect to the activities of the agency , to the members of parliament’s committee on budgetary control and committee on civil liberties , justice and home affairs; regrets the long delay taken towards granting that access; is profoundly concerned about the findings of that investigation; expresses its utter disappointment in the behaviour and actions described in the findings presented; recommends , given those findings , to parliament’s committee on budgetary control not to grant discharge for the financial year 2020; ### 3. welcomes the decision to partially grant access to the report of the european anti-fraud office (olaf) on the investigation conducted with respect to the activities of the agency , to the members of parliament’s committee on budgetary control and committee on civil liberties , justice and home affairs; regrets the long delay taken towards granting that access; is profoundly concerned about the findings of that investigation; expresses its utter disappointment in the behaviour and actions described in the findings presented; highlights that access to the findings of the olaf report is essential in making an informed decision by the discharge authority; recommends , given those findings , to parliament’s committee on budgetary control not to grant discharge for the financial year 2020;


### 3. calls on the executive management of the agency to continue with the implementation of the agency’s mandate; recalls remarks made in the meeting of the committee on budgetary control on 13 july 2022 that the fast growing pace imposed by the new mandate of the agency caused difficulties that were , with hind sight , underestimated , leading to delays in recruitment in particular; ### 3. calls on the executive management of the agency to continue with the implementation of the agency’s mandate; reiterates that clarity , transparency , open dialogue and communication both internally and externally , the delegation of responsibilities and tasks , as well as abiding by high standards of ethics and respect for fundamental rights are essential for changing the organisational culture within the agency , ensuring good governance and improving its functioning towards a full implementation of its mandate , as established by regulation (eu) 2019/1896; reminds that this is a collective effort which requires the sincere cooperation of the executive management , the agency's management board and the commission; reiterates parliament's support within this process; recalls remarks made in the meeting of the committee on budgetary control on 13 july 2022 that the fast growing pace imposed by the new mandate of the agency caused difficulties that were , with hind sight , underestimated , leading to delays in recruitment in particular; notes that the current corrective coefficient has a negative impact on recruitment and calls for a revision taking into account the reality of cost of life in order to improve geographical balance within the agency;


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


### 5. recalls the discharge authority’s observations on the application of the unit-cost approach for the deployment of heavy technical equipment and calls on the agency to inform the discharge authority on the results of the suggested contacts with the court and the commission to solve the issue of lacking supporting evidence; ### 5. recalls the discharge authority’s observations on the application of the unit-cost approach for the deployment of heavy technical equipment and calls on the agency to inform the discharge authority on the results of the suggested contacts with the court and the commission and to urgently solve the issue of lacking supporting evidence;


### 6. calls on the management board and commission to recruit a new executive director as soon as possible. ### 6. calls on the management board and commission to recruit a new executive director as soon as possible; before advancing this recruitment , invites the management board to commit to increased transparency and accountability to parliament , to be confirmed through a written exchange; recalls that public access to olaf reports , in an appropriate format for public use , as well as the full implementation of all recommendations by parliament , and in particular by its frontex scrutiny working group , should form part of such a commitment of the management board to transparency and accountability.


### 6. calls on the management board and commission to recruit a new executive director as soon as possible. ### 6. calls on the management board and commission to recruit a new executive director as soon as possible; in line with the parliament’s prerogatives , invites the management board and the commission to actively engage with the parliament in this process;


### 6. notes that one of the conditions not yet met is the recruitment of 40 fundamental rights monitors (frms) , as on 1 june 2022 , 31 frms were in service , with three more to take office on 1 september 2022 , more than one and a half year after the deadline set in the agency’s founding regulation (5 december 2020); notes that the agency now strives to have 46 frms; notes the explanation provided by the agency that the delay was due to lengthy recruitment procedures in union institutions; ### 6. deplores that one of the conditions not yet met is the recruitment of 40 fundamental rights monitors (frms) , as on 1 june 2022 , 31 frms were in service , with three more to take office on 1 september 2022; highlights that according to article 110(6) of regulation (eu) 2019/1896 , the agency had the obligation to recruit at least 40 fundamental rights monitors (frms) by 5 december 2020; recognises the recent progress made by the agency in the recruitment and welcomes the intention to operate a first increase in the number of frms from 40 to 46; highlights that regulation (eu) 2019/1896 provides the framework for further increases in the number of frms , as the agency expands; reiterates its calls on the agency to conduct all future frms recruitments and appointments at ad level; notes the explanation provided by the agency that the delay was due to lengthy recruitment procedures in union institutions; underlines however the findings of the frontex scrutiny working group indicating that the former executive director of the agency had caused a significant and unnecessary delay in the recruitment of frms;


### 7. notes that the second condition not yet met is the call on the agency to suspend its support-related activities in hungary , in accordance with article 46 of regulation (eu) 2019/18961 ; notes that the agency , instead of suspending the support-related activities , rather takes additional safeguarding measures to get assurance from the hungarian authorities that fundamental rights have been respected , and monitors this closely; notes that the agency’s fundamental rights officers recommend partially suspending return operations and additional safeguards when conductions return operations; ### 7. notes that the second condition not yet met is the call on the agency to suspend its support-related activities in hungary , in accordance with article 46 of regulation (eu) 2019/18961 ; notes that the agency , instead of suspending the support-related activities , rather takes additional safeguarding measures to get assurance from the hungarian authorities that fundamental rights have been respected , and monitors this closely; notes that the agency’s fundamental rights officers recommend partially suspending return operations and additional safeguards when conductions return operations; underlines however that the agency must refrain from participating in any operations governed by national legislation provisions that had been deemed incompatible with the union law by the court of justice of the european union (hereinafter - court of justice) until all such provisions are in line with the acquis communautaire; further notes with concern that the court of justice established through its judgement of 30 june 2022 that lithuanian legislation was incompatible with union and international law; deplores the fact that the agency has failed to act in accordance with article 46 , even after the court of justice judgement; notes the progress made by the agency through the adoption of the detailed standard operating procedures for article 46 , in the form of an executive director decision in january 2022; highlights the importance of implementing these procedures abiding by the highest standards of respecting fundamental rights;


### 8. concludes that the agency has implemented most of the conditions formulated by the discharge authority in a satisfactory manner; calls nevertheless on the agency to adopt promptly a detailed procedure for the implementation of article 46 of regulation (eu) 2019/1896 , in line with the recommendations made by the agency’s fundamental rights officer in its annual report for 2022; ### 8. concludes that the agency has implemented most of the conditions formulated by the discharge authority in a satisfactory manner; calls nevertheless on the agency to promptly act and comply with all conditions stipulated by the parliament in its previous discharge resolutions;


### 9. notes that olaf and the agency’s management board have made an anonymised version of the olaf final report on the agency’s activities available to the members of the committee on budgetary control and the committee on civil liberties , justice and home affairs; recalls that having access to that report was deemed necessary by the discharge authority to take a fully informed decision on the 2020 discharge; ### 9. notes that olaf and the agency’s management board have made an anonymised version of the olaf final report on the agency’s activities available to the members of the committee on budgetary control and the committee on civil liberties , justice and home affairs; deeply regrets the long delay taken towards granting that access; underlines that this delay has hampered members’ scrutiny of the agency; recalls that having access to that report was deemed necessary by the discharge authority to take a fully informed decision on the 2020 discharge;


### 10. notes that the serious concerns raised on the basis of the partial presentation of findings from the final report in the committee on budgetary control meeting of 28 february 2022 are indeed confirmed in the final report; notes from the statements of the chair of the agency’s management board in the committee on budgetary control meeting of 13 july 2022 that actions have been taken in follow-up to olaf’s conclusions in the final report; notes the comments from the chair of the agency’s management board , and the commission’s deputy director-general for migration and home affairs that the report shows the failings of the individuals concerned , and that there is no structural issue; ### 10. notes that the serious concerns raised on the basis of the partial presentation of findings from the final report in the committee on budgetary control meeting of 28 february 2022 are indeed confirmed in the final report; expresses its utter dismay in the behaviour and actions described in the findings presented and the lack of accountability; notes from the statements of the chair of the agency’s management board in the committee on budgetary control meeting of 13 july 2022 that actions have been taken in follow-up to olaf’s conclusions in the final report; reiterates its call upon the agency to present a detailed road map on how it intends to fulfil the outstanding concerns , together with a clear and detailed timeframe for these actions; notes the comments from the chair of the agency’s management board , and the commission’s deputy director-general for migration and home affairs that the report shows the failings of the individuals concerned , and that there is no structural issue; highlights however that the conclusions presented in the report of the olaf on the investigation conducted with respect to the activities of the agency , under the former executive leadership , are extremely serious and constitute a substantial reason for a refusal of discharge for the year 2020;


### 12. recalls the european ombudsman’s decision in its own initiative enquiry on fundamental rights obligations; notes its conclusion that the agency should ensure a more proactive approach to transparency , including publishing documents that are needed to understand the respective roles and responsibilities of the actors involved in its operations; notes that the agency cannot share information of a tactical nature that could be abused for human trafficking or other illegal activities; calls on the agency to sensibly implement the ombudsman’s recommendations; ### 12. recalls the european ombudsman’s decision in its own initiative enquiry on fundamental rights obligations; notes its conclusion that the agency should ensure a more proactive approach to transparency , including publishing documents that are needed to understand the respective roles and responsibilities of the actors involved in its operations; notes that the agency cannot share information of a tactical nature that could be abused for human trafficking or other illegal activities; calls on the agency to sensibly implement the ombudsman’s recommendations; suggests to the agency to develop and implement a new code of conduct ensuring full transparency and a good management;


### 13. recalls that the agency reported to have been notified of 17 cases of alleged harassment in 2020; notes from the agency’s follow-up to the first 2020 discharge report that two of those 17 cases were opened as informal procedures under the agency’s manual of procedures for confidential counsellors while the other 15 cases were closed without further follow-up; welcomes the statements of the acting executive director in the meeting of the committee on budgetary control that the agency remains vigilant in this area and that additional measures have been taken , such as the re-opening of a closed case regarding the suicide of the staff member , to make sure all cases are properly treated; ### 13. recalls that the agency reported to have been notified of 17 cases of alleged harassment in 2020; notes from the agency’s follow-up to the first 2020 discharge report that two of those 17 cases were opened as informal procedures under the agency’s manual of procedures for confidential counsellors while the other 15 cases were closed without further follow-up; highlights that a particular focus should be placed on identifying , reporting and combatting sexual harassment , especially in light of whistleblower reportings of such alleged cases; welcomes the statements of the acting executive director in the meeting of the committee on budgetary control that the agency remains vigilant in this area and that additional measures have been taken , to make sure all cases are properly treated; welcomes the expressed commitment of the ad-interim executive director to remain vigilant and take additional measures in this field; expresses shock and deep concern about the case of suicide of a staff member , related to alleged practices of sexual harassment , mentioned in discussions between agency officials and members participating in the mission of the committee on budgetary control to poland in july 2022 , and welcomes the reopening of this case by the new executive leadership; calls on the executive director to conduct a full and detailed investigation about this particularly severe and worrying case , to keep the discharge authority informed about the results of this investigation and to fully cooperate with criminal investigation authorities in the process; calls on the executive director to conduct a thorough investigation into the implementation of existing procedures against sexual harassment , to report back to the discharge authority about the findings and to present a detailed action plan with measures ensuring zero tolerance towards sexual harassment in both its administrative and operational activities;


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


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


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


### 25. notes the court’s finding that on 1 september 2020 the agency asked the commission for permission to upgrade 100 ast posts into advanced-level posts (grade ad 7 or higher) , for the standing corps and new tasks under the new mandate; notes that the agency , in anticipation of the commission’s reply , on 9 september 2020 , sent out 47 offers to advanced-level candidates with the commission informing the agency that it had no legal authority to upgrade the posts , resulting in the agency immediately withdrawing the 47 job offers; acknowledges the actions undertaken by the agency to achieve the required clarity on its establishment plan from the commission and the pressing nature of the required recruitments; calls on the agency and the commission to improve their communication , closer aligning the agency’s actions with the commission’s decision-making processes to avoid such situations from re-occurring; ### 25. notes the court’s finding that on 1 september 2020 the agency asked the commission for permission to upgrade 100 ast posts into advanced-level posts (grade ad 7 or higher) , for the standing corps and new tasks under the new mandate; notes that the agency , in anticipation of the commission’s reply , on 9 september 2020 , sent out 47 offers to advanced-level candidates with the commission informing the agency that it had no legal authority to upgrade the posts , resulting in the agency immediately withdrawing the 47 job offers; recalls that this has exposed the agency at an unnecessary risk of reputational damage and litigation; calls on the agency and the commission to improve their communication , closer aligning the agency’s actions with the commission’s decision-making processes to avoid such situations from re-occurring;


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


### 1. grants the executive director of the european union agency for law enforcement cooperation (europol) discharge in respect of the implementation of the agency’s budget for the financial year 2020 / postpones its decision on granting the executive director of the european union agency for law enforcement cooperation (europol) discharge in respect of the implementation of the agency’s budget for the financial year 2020; ### 1. grants the executive director of the european union agency for law enforcement cooperation (europol) discharge in respect of the implementation of the agency’s budget for the financial year 2020;


### 1. approves the closure of the accounts of the european union agency for law enforcement cooperation (europol) for the financial year 2020 / postpones the closure of the accounts of the european union agency for law enforcement cooperation (europol) for the financial year 2020; ### 1. approves the closure of the accounts of the european union agency for law enforcement cooperation (europol) for the financial year 2020;


### 9. notes the gender distribution reported for 2020 for senior and middle management , with 82 ,78 % being men (149 men and 31 women) , for the management board , with 79 ,25 % being men (42 men and 11 women) and for staff , with 71 ,83 % being men (413 men and 162 women); asks the commission and the member states to take into account the importance of ensuring gender balance when nominating their members to the agency’s management board; ### 9. notes the gender distribution reported for 2020 for senior and middle management , with 82 ,78 % being men (149 men and 31 women) , for the management board , with 79 ,25 % being men (42 men and 11 women) and for staff , with 71 ,83 % being men (413 men and 162 women); takes note of the fact that members of the management board are appointed by member states' authorities; asks the commission and the member states to take into account the importance of ensuring gender balance when appointing their members to the agency’s management board; welcomes the agency’s commitment to improving the gender balance of its staff composition , especially in managerial positions; notes the 5 % increase in 2020 of the number of female staff members at head of unit and equivalent or higher positions , bringing the total percentage to 21 %;encourages the agency to continue that positive trend and further improve the gender balance in those posts;


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


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


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


### h. whereas the new agreement should establish a modern and coherent framework for the eu’s agencies’ cooperation with interpol , taking into account the latest developments in combating terrorism and cross-border , transnational , serious and organised crime; whereas the agreement should respond to current operational needs , as well as to the eu’s latest data protection regime and provide the legal basis for the exchange of operational information and access to relevant interpol databases; ### h. whereas the new agreement should establish a modern and coherent framework for the eu’s agencies’ cooperation with interpol , taking into account the latest developments in combating terrorism and cross-border , transnational , serious and organised crime; whereas the agreement should respond to current operational needs , provide the legal basis for the exchange of operational information and access to relevant interpol databases , while fully respecting the eu’s data protection regime , including regulation (eu) 2016/679 (gdpr) , regulation (eu) 2018/1725 (eudpr) , and directive (eu) 2016/680 (led);


### h. whereas politically motivated red notices are enabling authoritarian governments to persecute human rights defenders and political and other opponents beyond their borders; ### h. whereas politically motivated red notices are enabling authoritarian governments to persecute human rights defenders , activists , journalists , and political and other opponents beyond their borders;


### k. whereas international organisations continue to report abuses by some states of interpol’s notice system in order to persecute national human rights defenders , civil society activists and journalists in violation of international standards on human rights; whereas according to reports by international actors , interpol has significantly reformed and strengthened its red notices review processes , as well as its support systems for national central bureaus in member countries , reformed the setup and functioning of the commission for the control of files , enforcing its complaints mechanism , appointed a data protection officer and implemented a learning and knowledge-sharing programme; ### k. whereas governmental , international , and non-governmental organisations continue to report abuses by some states of interpol’s notice system in order to persecute national human rights defenders , civil society activists and journalists in violation of international standards on human rights; whereas according to reports by international actors , interpol has significantly reformed and strengthened its red notices review processes , as well as its support systems for national central bureaus in member countries , reformed the setup and functioning of the commission for the control of files , enforcing its complaints mechanism , appointed a data protection officer and implemented a learning and knowledge-sharing programme; whereas despite those reforms , serious concerns remain related to possible abuses of the interpol system impacting on fundamental rights as recent reports also still emphasise the need for more legal safeguards , more transparency , and better implementation of reforms;


### l. whereas russia still remains a member of interpol and whereas cooperation with the european union and interpol members is based on trust; whereas trust between parties relies on the swift tackling of misuse of interpol notices by countries seeking to use interpol systems for political ends; whereas , in this context , interpol’s systems must respect human rights and the rule of law , and uphold its commitments on political , religious or military abuse; ### l. whereas numerous undemocratic countries still remain member countries of interpol and whereas cooperation with the european union and interpol members is based on trust; whereas trust between parties relies on the swift tackling of misuse of interpol notices by countries seeking to use interpol systems for political ends; whereas , in this context , interpol’s systems must respect human rights and the rule of law , and uphold its commitments on political , religious or military abuse;


### 1. recalls that european values and fundamental rights must be the basis of european security policies , ensuring respect for the principles of necessity , proportionality and legality and safeguarding accountability and judicial redress , while enabling effective protection of individuals , particularly the most vulnerable; recalls , further , that these principles should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework for the many systems in justice and security , including borders; ### 1. recalls that european values and fundamental rights must be the basis of european security policies , ensuring respect for the principles of necessity , proportionality and legality and safeguarding accountability and judicial redress , while enabling effective protection of individuals , particularly the most vulnerable; recalls , further , that these principles should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework for the many systems in justice and security , including borders; stresses that these principles should be at the core of the negotiations between the eu and interpol on a cooperation agreement;


### 2. recommends that the commission follow the council’s approach and duly take into account the difference between judicial cooperation in criminal matters and police cooperation , on the one hand , and border management on the other hand; ### 2. recommends that the commission follow the council’s approach and duly take into account the difference between judicial cooperation in criminal matters and police cooperation , on the one hand , and border management on the other hand; stresses that this should not lead to a weakening of protection of personal data for individuals as well as their right to remedy and privacy;


### 3. calls on the member states to honour the commitment they made in the framework of europol cooperation and to support interpol in promoting and enhancing existing standards; ### 3. calls on the member states to honour the commitment they made in the framework of europol cooperation and to support interpol in promoting and enhancing existing standards , including in the area of human trafficking in all its forms;


### 4. recommends that the commission provide during the negotiations on controlled access to interpol’s databases by eu member states and eu agencies the necessary safeguards and guarantees to ensure full compliance with the eu data protection framework and fundamental rights; stresses that the agreement should at least provide the safeguards already provided by the europol regulation; ### 4. stresses that the commission provide during the negotiations on controlled access to interpol’s databases by eu member states and eu agencies the necessary safeguards and guarantees to ensure full compliance with the eu data protection framework and fundamental rights; stresses that as regards controlled access the agreement should at least provide the safeguards already provided for by the interoperability regulations and the etias regulation so that any automated queries of interpol’s databases are carried out in such a way that no information is revealed to the state owner of the interpol alert;


### 4. recommends that the commission provide during the negotiations on controlled access to interpol’s databases by eu member states and eu agencies the necessary safeguards and guarantees to ensure full compliance with the eu data protection framework and fundamental rights; stresses that the agreement should at least provide the safeguards already provided by the europol regulation; ### 4. recommends that the commission provide during the negotiations on controlled access to interpol’s databases by eu member states and eu agencies the necessary concrete , specific and effective safeguards and guarantees for each type of cooperation included in the envisaged agreement , to ensure full compliance with the eu data protection framework and fundamental rights; stresses that the agreement should at least provide the safeguards already provided by the europol regulation;


### 5. recommends special vigilance during the negotiations due to the sensitivity of the data concerned and to the number of third countries members of interpol , which are not party to an equivalent agreement with the eu or whose authorities to which personal data is intended to be transferred are not covered by a commission adequacy decision; ### 5. recommends special vigilance during the negotiations due to the sensitivity of personal data concerned and to the number of third country members of interpol that do not offer an adequate level of data protection , in line with regulation 2016/679 (gdpr);


### 5. strongly condemns the abuse by some states of interpol’s notice system in order to persecute opponents beyond their borders; ### 5. strongly condemns the abuse by some states of interpol’s notice system in order to persecute opponents beyond their borders and calls on interpol to apply its mandate within the framework of human rights;


### 7. recommends that the commission ensure that the level of personal data protection and the protection of individuals’ fundamental rights and freedoms currently guaranteed under eu primary and secondary law is maintained in exchanges of personal data with interpol; the commission’s negotiation strategy should not lead to a weakening of the fundamental rights and freedoms of natural persons , and in particular of their rights to data protection and to privacy; ### 7. recommends that the commission ensure strictly that the level of personal data protection and the protection of individuals’ fundamental rights and freedoms currently guaranteed under eu primary and secondary law is maintained in exchanges of personal data with interpol; the envisaged cooperation agreement should not lead to a weakening of the fundamental rights and freedoms of natural persons , and in particular of their rights to data protection and to privacy;


### 8. recommends that the commission guarantee that the transfer of personal data is adequate , relevant and limited to what is necessary for the purpose for which it has been transferred; ### 8. recommends that the commission guarantee that the transfer of personal data is adequate , relevant and limited to what is strictly necessary for the purpose for which it has been transferred , in line with the eu’s data protection regime , including regulation (eu) 2016/679 (gdpr) , regulation (eu) 2018/1725 (eudpr) , and directive (eu) 2016/680 (led);


### 10. recommends that the commission ensure an oversight system for the use by interpol of personal data collected by consulting eu systems; ### 10. recommends that the commission ensure an oversight system for the use by interpol of personal data collected by consulting eu systems; recommends that this oversight is done by one or more independent bodies responsible for data protection with effective powers of investigation and intervention , with powers to hear complaints from individuals about the use of their personal data;


### 10. recommends that the commission ensure an oversight system for the use by interpol of personal data collected by consulting eu systems; ### 10. recommends that the commission ensure an independent oversight system for the use of personal data queried via interpol databases by eu agencies and bodies , with effective powers of investigation , intervention and enforcement , and powers to hear and act upon complaints from individuals about the use of their personal data;


### 12. recommends that the commission ensure the rights to administrative and judicial redress for any person whose data are processed under this agreement and that it guarantee effective remedies; ### 12. recommends that the commission ensure the effective and enforceable rights to administrative and judicial redress for any person whose data are processed under this agreement and that it guarantee effective remedies;


### 13. stresses that cooperation and information sharing are important tools to combat crime and terrorism and pursue justice , but they need to be targeted and used with common safeguards and checks; underscores that they should address fundamental rights challenges in particular by enhancing data quality , mitigating bias , detecting errors and avoiding any form of discrimination in the decision-making process; ### 13. stresses that cooperation and information sharing are important tools to combat crime and terrorism and pursue justice , but they need to be targeted and used with predefined common safeguards and checks; underscores that they should address fundamental rights challenges in particular by enhancing data quality , mitigating bias , detecting errors and avoiding any form of discrimination in the decision-making process;


### 19. recommends limiting the application of derogations for onward transfers to the cases already allowed for eu agencies and bodies concerned when transferring personal data; ### 19. recommends limiting the application of derogations for onward transfers to the cases already allowed for eu agencies and bodies concerned when transferring personal data; stresses that the specific requirements under the regulations establishing the concerned eu agencies or bodies are fully respected , including the specific provisions related to the transfers of operational data by europol and eppo;


### 20. recommends that the agreement ensure that transfers must be necessary for the purposes specified in the agreement , namely prevention , investigation , detection or prosecution of criminal offences , safeguarding against threats to public security and protecting external borders; ### 20. recommends that the agreement ensure that transfers of personal data must be subject to confidentiality obligations , and necessary and proportionate for the purposes specified in the agreement , namely prevention , investigation , detection or prosecution of criminal offences , safeguarding against threats to public security and protecting external borders;


### 21. recommends that the agreement explicitly lay down that personal data transferred by the eu to interpol will not be used to request , hand down or execute a death penalty or any form of cruel and inhuman treatment; ### 21. recommends that the agreement explicitly lay down that personal data transferred by the eu to interpol will not be used to request , hand down or execute a death penalty or any form of cruel and inhuman treatment , or if there is any risk to this;