### 5. notes that several member states base border procedures on the legal fiction of non-entry , thus presuming that border procedures take place prior to a decision on the right of an applicant to enter the territory; ### 5. notes that in several member states border procedures take place prior to a decision on the right of an applicant to enter the territory;


### 6. highlights that persons subject to a border procedure are , as a rule , de facto detained; ### 6. highlights that applicants subject to border procedures are de facto detained or restricted in their movement;


### 7. reiterates that member states must not hold a person in detention for the sole reason that he or she is an applicant , and recalls that applicants may only be detained where other less coercive measures cannot be applied; regrets that hardly any alternatives to detention have been developed and applied in border procedures; ### 7. reiterates that as stipulated in the rcd , member states shall not hold a person in detention for the sole reason that he or she is an applicant , and recalls that applicants may be detained in order to decide on the applicant’s right to enter the territory , only where other less coercive measures cannot be applied; regrets that hardly any alternatives to detention have been developed and applied in border procedures;


### 8. considers it very problematic that some member states apply de facto border procedures without acknowledging them as such under national law , as this can result in insufficient safeguards against such detention; stresses that any detention should always be prescribed by law; ### 8. considers it very problematic that some member states apply de facto detention in border procedures without acknowledging them as such under national law , as this can result in insufficient safeguards; stresses that any detention should always be prescribed by law; calls on member states to provide for this necessary legal basis in national law ensuring uniformity across the eu;


### 9. recalls that the cjeu , in joined cases c-924/19 ppu and c-925/19 ppu , ruled out the argument that it does not amount to detention if an applicant can leave a transit zone in the direction of a third country; ### deleted


### 10. is deeply concerned that , in the context of border procedures , numerous cases of persons being refused entry without their asylum claims being registered have been reported , at both external and internal borders; reiterates that automatic refusal of entry , refoulement and collective expulsions are prohibited under eu and international law; ### 10. is deeply concerned that , in the context of border procedures , numerous cases of persons being refused entry without their asylum claims being registered have been reported , at both external and internal borders; reiterates that third-country nationals requesting international protection shall be given access to relevant procedures in line with the asylum acquis , as stipulated in the sbc; reiterates that automatic refusal of entry , refoulement and collective expulsions are prohibited under eu and international law;


### exemption of unaccompanied minors and vulnerable applicants from the border procedure ### unaccompanied minors and vulnerable applicants in border procedures


### 13. stresses that in most of the member states examined , adequate vulnerability identification mechanisms are missing and , when present , often assess only visible vulnerability; ### 13. stresses that in most of the member states examined , adequate vulnerability identification mechanisms are missing and , when present , often assess only visible vulnerability; calls on these member states to put in place the required conditions as stipulated in the rcd;


### 14. recalls that article 25(6)(b) of the apd prescribes a very limited set of circumstances allowing member states to process unaccompanied minors’ applications in a border procedure; highlights that the member states examined lack adequate age assessment methods; recommends that children and their families be exempted from border procedures; ### 14. recalls that article 25(6)(b) of the apd prescribes a very limited set of circumstances allowing member states to process unaccompanied minors’ applications in a border procedure; highlights that the member states examined lack adequate age assessment methods; highlights that the current legal framework of the apd provides member states with the option to exempt unaccompanied minors from the border procedure and process their applications accordingly under the regular asylum procedure;


### 17. regrets that , within the framework of border procedures , many member states do not regulate access to ngos , which have a key role in securing applicants’ procedural rights; ### 17. notes that the apd provides member states with the option to allow non-governmental organisations access to the asylum procedure to be of assistance to applicants; regrets that , within the framework of border procedures , many member states do not regulate such access , which may play a key role securing the applicant's legal and procedural rights and may add to the quality of first instance decisions;


### 18. notes with concern that applicants are frequently given little to no information about border procedures and their rights and obligations; ### 18. notes with concern that applicants are frequently given little to no information about border procedures and their rights and obligations; reiterates the obligations of member states on providing access to assistance , representation and procedural information as stipulated under the apd; calls on member states to implement and apply these safeguards in full ensuring further harmonisation across the eu;


### 20. stresses that border procedures are characterised by a combination of short procedural time limits and de facto detention , which might affect applicants’ ability to enjoy the guarantees enshrined in the apd; ### 20. stresses that border procedures are characterised by a combination of short procedural time limits and de facto detention; stresses the necessity of proper and efficient application of border procedures in order not to jeopardise the guarantees of applicants to international protection enshrined in the apd;


### 21. recommends that border procedures should be restricted to less complex cases , such as applicants who have been granted protection in other states or member states or who have raised issues that are not relevant to the examination of an asylum procedure , with their application remaining at the discretion of member states; ### 21. reiterates that conditions for applying border procedures as stipulated in the apd should support swift and adequate clarity to applicants of international protection as an intrinsic element of the eu asylum acquis; stresses the need for high quality implementation of border procedures to achieve this goal; highlights where a decision on admissibility or substance cannot be taken within four weeks the application is to be processed in accordance with the other provisions of the apd; calls on member states to adhere to these safeguards in full;


### 22. recalls that the safeguards laid down in chapter ii of the apd also apply in the case of large numbers of arrivals; notes with great concern that in these cases , border procedures create further fundamental rights challenges and efficiency concerns; ### 22. recalls that the safeguards laid down in chapter ii of the apd also apply in the case of large numbers of arrivals; notes with concern that in these cases , incorrect application of border procedures may create fundamental rights challenges and efficiency concerns;


### 24. calls on member states to avoid using border procedures since the objectives of the apd and a fair asylum procedure cannot be guaranteed; calls on member states who nevertheless apply article 43 of the apd to ensure proper implementation in all its aspects; ### 24. calls on member states who apply article 43 of the apd to ensure its proper and efficient implementation as well as a fair application of procedures ensuring that the objectives of the apd are guaranteed;


### 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 2018 / 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 2018; ### 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 2018;


### 1. approves the closure of the accounts of the european border and coast guard agency for the financial year 2018 / postpones the closure of the accounts of the european border and coast guard agency for the financial year 2018; ### 1. approves the closure of the accounts of the european border and coast guard agency for the financial year 2018;


### 3. notes from the court’s report that in 2018 the agency had financing agreements with cooperating countries for operational activities , representing 59 % of the agency’s budget; notes the launch of a new simplified financing scheme based largely on unit costs for expenditure related to deployments of human resources , and , in late 2018 , of a new ex-post control system covering all types of expenditure and also the modification of its system of ex-ante checks embedded in the financial circuits; highlights the court’s emphasis that the reimbursement of equipment-related expenditure is still based on actual cost and that the project to move to unit-cost based reimbursements is still unsuccessful; furthermore , notes with concern the court’s observation that since 2014 the proof of actual costs claimed by cooperating countries for equipment-related costs is still insufficient and that the agency’s ex-ante verifications of these costs are ineffective if they are not substantiated by supporting documents; notes the absence of ex-post verifications on reimbursements by the agency , further increasing the risk of unjustified cost reimbursements; ### 3. notes from the court’s report that in 2018 the agency had financing agreements with cooperating countries for operational activities , representing 59 % of the agency’s budget; notes the launch of a new simplified financing scheme based largely on unit costs for expenditure related to deployments of human resources , and , in late 2018 , of a new ex-post control system covering all types of expenditure and also the modification of its system of ex-ante checks embedded in the financial circuits; highlights the court’s emphasis that the reimbursement of equipment-related expenditure is still based on actual cost and that the project to move to unit-cost based reimbursements is still unsuccessful; furthermore , notes with concern the court’s observation that since 2014 the proof of actual costs claimed by cooperating countries for equipment-related costs is still insufficient and that the agency’s ex-ante verifications of these costs are ineffective if they are not substantiated by supporting documents; notes the absence of ex-post verifications on reimbursements by the agency , further increasing the risk of unjustified cost reimbursements; notes with concern that the agency allowed several reimbursements for expenditures claimed by cooperating countries in spite of the latter not providing the evidence indicated and required by the agency; acknowledges from the agency's reply that supporting documents indicating detailed costs were submitted by the cooperating countries in question; calls on the agency to clearly indicate in the future the type of supporting documents it accepts as required evidence; further calls on the agency to only reimburse legally justified expenditure; expects the agency to rapidly introduce solid ex-post verifications on reimbursements and to report to the discharge authority on the progress made in this regard by june 2020;


### 5. notes that , following the management board’s approval of the reorganisation of the agency structures in 2017 affecting the allocation of resources , an updated structure was adopted in 2018 and completed by new internal rules of pocedure as well as by delegations and sub-delegations that were formalised by the decision of the executive director; ### 5. notes that , following the management board’s approval of the reorganisation of the agency structures in 2017 affecting the allocation of resources , an updated structure was adopted in 2018 and completed by new internal rules of procedure as well as by delegations and sub-delegations that were formalised by the decision of the executive director;


### 6. notes that in the context of the european integrated border management , the largest operational activities were the 12 joint operations at the external land , air and sea borders while the main operational focus in 2018 was on the central , eastern and western mediterranean areas which experienced the most significant migratory pressure; furthermore , notes the interagency cooperation , especially in the field of coastguard function but also in the field of customs and law enforcement cooperation; notes that the agency is working towards setting proper quantitative objectives and specific target values for the joint operations expected to be included in the single programming document 2021-2023; ### 6. notes that in the context of the european integrated border management , the largest operational activities were the 12 joint operations at the external land , air and sea borders while the main operational focus in 2018 was on the central , eastern and western mediterranean areas which experienced the most significant migratory pressure; furthermore , welcomes the close interagency cooperation , especially in the field of coastguard function but also in the field of customs and law enforcement cooperation; notes that the agency is working towards setting proper quantitative objectives and specific target values for the joint operations expected to be included in the single programming document 2021-2023;


### 8. notes furthermore from the court’s report that although the agency continued further recruitment efforts and increased the number of staff from 526 to 630 in 2018 , it still did not achieve the number of 760 staff authorised set out in its 2018 establishment plan; notes the agency’s reply that a total of 187 vacant posts were filled , but that due to a high internal and external turnover , the net staff increase in 2018 as compared to 2017 was 117 since many posts had become vacant during the year; notes furthermore that the agency faces challenges in attracting a large number of suitable external candidates mainly due to the low correction coefficient , which is the lowest among all the union agencies; notes that the agency continues to have difficulties in maintaining a desirable sound geographical balance in staff deployed; ### 8. notes furthermore from the court’s report that although the agency continued further recruitment efforts and increased the number of staff from 526 to 630 in 2018 , it still did not achieve the number of 760 staff authorised set out in its 2018 establishment plan; notes the agency’s reply that a total of 187 vacant posts were filled , but that due to a high internal and external turnover , the net staff increase in 2018 as compared to 2017 was 117 since many posts had become vacant during the year; notes furthermore that the agency faces challenges in attracting a large number of suitable external candidates and achieving a sound geographical balance mainly due to the low correction coefficient , which is the lowest among all the union agencies; stresses that agencies located in countries where a low correction coefficient is applied should receive further support from the commission in 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; notes that the agency continues to have difficulties in maintaining a desirable sound geographical balance in staff deployed;


### 14. notes that the agency participates actively in inter-institutional tenders led by other institutions , and that , in the procurement procedures of the maritime surveillance domain , the agency seeks cooperation with union agencies with similar activities and prepares the terms of reference accordingly; notes furthermore that in 2018 the agency has handled its first agency’s led inter-institutional tender procedure with the european fisheries control agency; ### 14. notes with appreciation that the agency participates actively in inter-institutional tenders led by other institutions , and that , in the procurement procedures of the maritime surveillance domain , the agency seeks cooperation with union agencies with similar activities and prepares the terms of reference accordingly; notes furthermore that in 2018 the agency has handled its first agency’s led inter-institutional tender procedure with the european fisheries control agency;


### 15. acknowledges the agency’s existing measures and ongoing efforts to secure transparency , prevention and management of conflicts of interest , and whistle-blower protection; notes that the whistleblowing policy was adopted on 18 july 2019; furthermore , notes that with the aim of being more transparent , the agency launched a multilingual version of its website in all 24 official languages of the union and that the communication strategy will be adopted by the end of 2019; ### 15. appreciates the agency’s existing measures and ongoing efforts to secure transparency , prevention and management of conflicts of interest , and whistle-blower protection; notes that the whistleblowing policy was adopted on 18 july 2019; welcomes the fact that the agency provides staff with access to confidential counsellors and trainings concerning whistle-blowing procedures; furthermore , notes that with the aim of being more transparent , the agency launched a multilingual version of its website in all 24 official languages of the union and that the communication strategy will be adopted by the end of 2019; regrets however that the agency publishes statements of commitment , declaring the absence of conflict of interest for the members of the management board , the executive director , and the deputy executive director , and not declarations of interest; recalls that it is not for the members of the management board , the executive director , and the deputy executive director to declare themselves in absence of conflict of interest; calls on the agency , with the aim to increase transparency , to publish the cvs and declarations of interest for all members of its management board , the executive director , and the deputy executive director , by june 2020;


### 17. notes with concern from the court’s report that the agency does not have a sensitive post policy that would identify sensitive functions , keep them updated and define appropriate measures to mitigate the risks of vested interests; calls on the agency to adopt and implement such a policy to be in line with the agency’s internal control standards; ### 17. notes with concern from the court’s report that the agency does not have a sensitive post policy that would identify sensitive functions , keep them updated and define appropriate measures to mitigate the risks of vested interests; calls on the agency to adopt and implement such a policy to be in line with the agency’s internal control standards; acknowledges from the agency's reply that at the end of 2019 the agency was finalising the process of adopting a sensitive post policy;


### 19. observes , in light of comments and observations from the discharge authority related to the construction of the new headquarters building and the establishment of a european school in warsaw , that in 2019 an adequate plot of land was attributed to the agency by the polish authorities and planning is ongoing to build a purpose-designed premises of the agency’s headquarters by the end of 2024 , and that the board of governors of european schools is to be proposed by polish authorities in autumn 2019 to consider accreditation of a warsaw associate european school of type ii , which would be operational partly as from the 2020-2021 academic year; ### 19. welcomes that , in light of comments and observations from the discharge authority related to the construction of the new headquarters building and the establishment of a european school in warsaw , that in 2019 an adequate plot of land was attributed to the agency by the polish authorities and planning is ongoing to build a purpose-designed premises of the agency’s headquarters by the end of 2024 , and that the board of governors of european schools is to be proposed by polish authorities in autumn 2019 to consider accreditation of a warsaw associate european school of type ii , which would be operational partly as from the 2020-2021 academic year;


### 1. grants the director of the european monitoring centre for drugs and drug addiction discharge in respect of the implementation of the centre’s budget for the financial year 2018 / postpones its decision on granting the director of the european monitoring centre for drugs and drug addiction discharge in respect of the implementation of the budget of the centre for the financial year 2018; ### 1. grants the director of the european monitoring centre for drugs and drug addiction discharge in respect of the implementation of the centre’s budget for the financial year 2018;


### 1. approves the closure of the accounts of the european monitoring centre for drugs and drug addiction for the financial year 2018 / postpones the closure of the accounts of the european monitoring centre for drugs and drug addiction for the financial year 2018; ### 1. approves the closure of the accounts of the european monitoring centre for drugs and drug addiction for the financial year 2018;


### 1. notes with appreciation that the budget monitoring efforts during the financial year 2018 resulted in a budget implementation rate of 100 % , the same rate as in 2017; notes that the payment appropriations execution rate was 98;02 % , representing an increase of 3 ,31 % compared to the previous year; ### 1. welcomes that the budget monitoring efforts during the financial year 2018 resulted in a budget implementation rate of 100 % , the same rate as in 2017; notes that the payment appropriations execution rate was 98;02 % , representing an increase of 3 ,31 % compared to the previous year;


### 4. notes that , in the case of five low-value procurement procedures below eur 60 000 , only one candidate submitted a tender; acknowledges the challenges to attract tenderers for low-value contracts but urges the centre to undertake greater efforts to ensure competitive procurement procedures irrespective of their value with a view to guarantee best price-quality ratio procurements; ### 4. notes that , in the case of five low-value procurement procedures below eur 60 000 , only one candidate submitted a tender; acknowledges the challenges to attract tenderers for low-value contracts but urges the centre to undertake greater efforts to ensure competitive procurement procedures irrespective of their value with a view to guarantee best price-quality ratio procurements and without prejudice to the principles of proportionality and equal treatment of all potential tenderers;


### 6. notes that the centre has general provisions in place on building and sustaining a working culture based on dignity and respect to prevent and fight against harassment; acknowledges that it makes confidential counselling available; ### 6. notes with satisfaction that the centre has general provisions in place on building and sustaining a working culture based on dignity and respect to prevent and fight against harassment; acknowledges that it makes confidential counselling available;


### 7. notes with appreciation that the centre put in place a procurement plan in line with the centre’s management plan , which was successfully executed in close collaboration with all units; ### 7. welcomes the fact that the centre put in place a procurement plan in line with the centre’s management plan , which was successfully executed in close collaboration with all units;


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


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


### 11. notes with concern that , according to the centre , several recommendations included in the 2015 ias audit on it project management have been only partly implemented and that , at the end of 2018 , two recommendations were still outstanding; notes , however , that these two recommendations were expected to be implemented by mid-2019; ### 11. notes with concern that , according to the centre , several recommendations included in the 2015 ias audit on it project management have been only partly implemented and that , at the end of 2018 , two recommendations were still outstanding; notes , however , that these two recommendations were expected to be implemented by mid-2019; calls on the centre to report to the discharge authority on the progress achieved by june 2020;


### 12. notes that , according to the court’s report , pursuant to directive 2008/104/ec17 and portuguese labour law , interim workers should work under the same working conditions as workers employed directly by the user undertaking; notes , however , that the contracts did not require the temporary work agencies explicitly to respect those conditions and that there is no evidence that the centre itself carried out any comparison between the working conditions for its own and interim staff , which causes litigation and reputational risks; notes that , according to the centre’s reply , it is reassessing its policy for the use of temporary workers to further nationalise the latter in line with its operating needs and the legal framework; calls on the centre to analyse the working conditions of its interim workers and ensure that they are in line with union and national labour law; ### 12. notes that , according to the court’s report , pursuant to directive 2008/104/ec17 and portuguese labour law , interim workers should work under the same working conditions as workers employed directly by the user undertaking; notes , however , that the contracts did not require the temporary work agencies explicitly to respect those conditions and that there is no evidence that the centre itself carried out any comparison between the working conditions for its own and interim staff , which causes litigation and reputational risks; notes , according to the centre’s reply , that the contract between the centre and the temporary work agency refers to the obligation of the centre to comply with all aspects of the applicable legislation and that , pursuant to that contract , the temporary work agency is the one exposed to the risks of litigation; highlights however that this type of situation still carries high reputational risks for the centre; welcomes the fact that the emcdda is reassessing its policy for the use of temporary workers to further nationalise the latter in line with its operating needs and the legal framework; calls on the centre to analyse the working conditions of its interim workers and ensure that they are in line with union and national labour law; calls on the centre to report to the discharge authority on the progress achieved by june 2020;


### 1. grants the director of the european union agency for fundamental rights discharge in respect of the implementation of the agency’s budget for the financial year 2018 / postpones its decision on granting the director of the european union agency for fundamental rights discharge in respect of the implementation of the agency’s budget for the financial year 2018; ### 1. grants the director of the european union agency for fundamental rights 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 fundamental rights for the financial year 2018 / postpones the closure of the accounts of the european union agency for fundamental rights for the financial year 2018; ### 1. approves the closure of the accounts of the european union agency for fundamental rights for the financial year 2018;


### 2. notes that , according to the court’s report carry-overs of committed appropriations were high for operating expenditure , mainly due to the nature of the activities which include financing studies that span several months and often beyond year-end; notes that the agency has introduced planning procedures to monitor the inevitable delays between the signing of contracts , deliveries and payments; notes that , according to the agency’s reply , the deviation between the initial planned amount and the final amount carried over was of around 10 % , within the margin of tolerance; calls on the agency to improve its budget planning; ### 2. notes that , according to the court’s report carry-overs of committed appropriations were high for operating expenditure , mainly due to the nature of the activities which include financing studies that span several months and often beyond year-end; notes that the agency has introduced planning procedures to monitor the inevitable delays between the signing of contracts , deliveries and payments; notes that , according to the agency’s reply , the deviation between the initial planned amount and the final amount carried over was of around 10 % , within the margin of tolerance and that the old application for the monitoring of the budget consumption has been replaced by a new one; calls on the agency to improve its budget planning;


### 4. notes the agency’s cooperation with other agencies , in particular the european foundation for the improvement of living and working conditions , the european border and coast guard agency , the european institute for gender equality , the european union agency for the operational management of large-scale it systems in the area of freedom , security and justice , the european union agency for criminal justice cooperation , and the european asylum support office in order to achieve common policy objectives; welcomes the fact that , in addition , the agency regularly supports other union agencies to reflect obligations stemming from the charter of fundamental rights of the european union (the ‘charter’) in their work; ### 4. welcomes the agency’s cooperation with other agencies , in particular the european foundation for the improvement of living and working conditions , the european border and coast guard agency , the european institute for gender equality , the european union agency for the operational management of large-scale it systems in the area of freedom , security and justice , the european union agency for criminal justice cooperation , and the european asylum support office , in order to achieve common policy objectives; welcomes the fact that , in addition , the agency regularly supports other union agencies to reflect obligations stemming from the charter of fundamental rights of the european union (the ‘charter’) in their work;


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


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


### 12. notes that , following the successful implementation of the anti-fraud strategy adopted in december 2014 and the completion of the action plan over the course of 2015 and 2016 , the agency completed the revision of the anti-fraud strategy which was adopted at the management board meeting in december 2018 and complemented by a specific action plan; ### 12. notes with satisfaction that , following the successful implementation of the anti-fraud strategy adopted in december 2014 and the completion of the action plan over the course of 2015 and 2016 , the agency completed the revision of the anti-fraud strategy which was adopted at the management board meeting in december 2018 and complemented by a specific action plan;


### (35) immunities and privileges , which may refer to categories of persons (such as diplomats) or specifically protected relationships (such as lawyer-client privilege) , are referred to in other mutual recognition instruments such as the european investigation order. their range and impact differ according to the applicable national law that should be taken into account at the time of issuing the order , as the issuing authority may only issue the order if a similar order would be available in a comparable domestic situation. in addition to this basic principle , immunities and privileges which protect access , transactional or content data in the member state of the service provider should be taken into account as far as possible in the issuing state in the same way as if they were provided for under the national law of the issuing state. this is relevant in particular should the law of the member state where the service provider or its legal representative is addressed provide for a higher protection than the law of the issuing state. the provision also ensures respect for cases where the disclosure of the data may impact fundamental interests of that member state such as national security and defence. as an additional safeguard , these aspects should be taken into account not only when the order is issued , but also later , when assessing the relevance and admissibility of the data concerned at the relevant stage of the criminal proceedings , and if an enforcement procedure takes place , by the enforcing authority. ### (35) immunities and privileges , which may refer to categories of persons (such as diplomats , doctors , journalists , etc.) or specifically protected relationships (such as lawyer-client privilege , confidentiality of sources) or rules relating to freedom of the press and freedom of expression in other media differ according to the applicable national law and should be taken into account at the time of issuing the order. the provision also ensures respect for cases where the disclosure of the data may impact fundamental interests of that member state such as national security and defence. as an additional safeguard , these aspects should be taken into account not only when the order is issued , but also later , when assessing the relevance and admissibility of the data concerned at the relevant stage of the criminal proceedings , and if an enforcement procedure takes place , by the enforcing authority.


### (51) where conflicting obligations exist , the court should determine whether the conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence. in carrying out this assessment , the court should take into account whether the third country law , rather than being intended to protect fundamental rights or fundamental interests of the third country related to national security or defence , manifestly seeks to protect other interests or is being aimed to shield illegal activities from law enforcement requests in the context of criminal investigations. where the court concludes that conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence , it should consult the third country via its central authorities , which are already in place for mutual legal assistance purposes in most parts of the world. it should set a deadline for the third country to raise objections to the execution of the european production order; in case the third country authorities do not respond within the (extended) deadline despite a reminder informing them of the consequences of not providing a response , the court upholds the order. if the third country authorities object to disclosure , the court should lift the order. ### (51) where conflicting obligations exist , the court should determine whether the conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence. in carrying out this assessment , the court should take into account whether the third country law , rather than being intended to protect fundamental rights or fundamental interests of the third country related to national security or defence , manifestly seeks to protect other interests or is being aimed to shield illegal activities from law enforcement requests in the context of criminal investigations. where the court concludes that conflicting provisions of the third country prohibit disclosure of the data concerned on the grounds that this is necessary to either protect the fundamental rights of the individuals concerned or the fundamental interests of the third country related to national security or defence , it should consult the third country via its central authorities , which are already in place for mutual legal assistance purposes in most parts of the world. it should set a deadline for the third country to raise objections to the execution of the european production order; in case the third country authorities do not respond within the (extended) deadline , the court upholds the order. if the third country authorities object to disclosure , the court should lift the order.


### (55) in addition , during the enforcement procedure and subsequent legal remedy , the addressee may oppose the enforcement of a european production or preservation order on a number of limited grounds , including it not being issued or validated by a competent authority or it being apparent that it manifestly violates the charter of fundamental rights of the european union or is manifestly abusive. for example , an order requesting the production of content data pertaining to an undefined class of people in a geographical area or with no link to concrete criminal proceedings would ignore in a manifest way the conditions for issuing a european production order. ### (55) in addition , during the enforcement procedure and subsequent legal remedy , the addressee may oppose the enforcement of a european production or preservation order on a number of limited grounds , including it not being issued or validated by a competent authority or it being apparent that it manifestly violates the charter of fundamental rights of the european union or is manifestly abusive. for example , an order requesting the production of data pertaining to an undefined class of people in a geographical area or with no link to concrete criminal proceedings would ignore in a manifest way the conditions for issuing a european production order.


### (56) the protection of natural persons for the processing of personal data is a fundamental right. in accordance with article 8(1) of the charter of fundamental rights of the european union and article 16(1) of the tfeu , everyone has the right to the protection of personal data concerning them. when implementing this regulation , member states should ensure that personal data are protected and may only be processed in accordance with regulation (eu) 2016/679 and directive (eu) 2016/680. ### (56) the protection of natural persons for the processing of personal data is a fundamental right. in accordance with article 8(1) of the charter of fundamental rights of the european union and article 16(1) of the tfeu , everyone has the right to the protection of personal data concerning them. when implementing this regulation , member states should ensure that personal data are protected and may only be processed in accordance with regulation (eu) 2016/679 , directive (eu) 2016/680 and directive 2002/58/ec [to be replaced by eprivacy regulation , once adopted].


### 1. this regulation lays down the rules under which an authority of a member state may order a service provider offering services in the union , to produce or preserve electronic evidence , regardless of the location of data. this regulation is without prejudice to the powers of national authorities to compel service providers established or represented on their territory to comply with similar national measures. ### 1. this regulation lays down the rules under which an authority of a member state may order a service provider offering services in the union , to produce or preserve electronic evidence , regardless of the location of data , besides mutual legal assistance procedures or directive 2014/41/eu of the european parliament and of the council of 3 april 2014 regarding the european investigation order in criminal matters.


### 1. this regulation lays down the rules under which an authority of a member state may order a service provider offering services in the union , to produce or preserve electronic evidence , regardless of the location of data. this regulation is without prejudice to the powers of national authorities to compel service providers established or represented on their territory to comply with similar national measures. ### 1. this regulation lays down the rules under which an authority of a member state may order a service provider offering services in the union , to produce or preserve electronic information that may serve as evidence in criminal proceedings , regardless of the location of data. this regulation is without prejudice to the powers of national authorities to compel service providers established or represented on their territory to comply with similar national measures.


### 2. this regulation shall not have the effect of modifying the obligation to respect the fundamental rights and legal principles as enshrined in article 6 of the teu , including the rights of defence of persons subject to criminal proceedings , and any obligations incumbent on law enforcement or judicial authorities in this respect shall remain unaffected. ### 2. this regulation shall not have the effect of modifying the obligation to respect the fundamental rights and legal principles as enshrined in article 6 of the teu , including the rights of defence of persons subject to criminal proceedings , and any obligations incumbent on law enforcement or judicial authorities in this respect shall remain unaffected. any rights of , or obligations incumbent on , service providers concerning the security , encryption , or general and indiscriminate retention of data shall also remain unaffected.


### (3) ‘service provider’ means any natural or legal person that provides one or more of the following categories of services: ### (3) ‘service provider’ means any natural or legal person that provides at least one of the following categories of services:


### internet domain name and ip numbering services such as ip address providers , domain name registries , domain name registrars and related privacy and proxy services; ### services related to the provision of internet domain name and ip numbering services such as ip address providers , domain name registries , domain name registrars and related privacy and proxy services;


### internet domain name and ip numbering services such as ip address providers , domain name registries , domain name registrars and related privacy and proxy services; ### services related to the provision of internet domain name and ip numbering services such as ip address providers , domain name registries , domain name registrars or privacy and proxy services;


### having a substantial connection to the member state(s) referred to in point (a); ### having a substantial connection to the member state(s) 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;


### (5) ‘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; ### (5) ‘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.


### (6) ‘electronic evidence’ means evidence stored in electronic form by or on behalf of a service provider at the time of receipt of a production or preservation order certificate , consisting in stored subscriber data , access data , transactional data and content data; ### (6) ‘electronic information’ means evidence data stored in electronic form by or on behalf of a service provider at the time of receipt of a production or preservation order certificate , consisting in stored subscriber data , access data , transactional data and content data that might serve as evidence during the investigation , prosecution and legal proceedings regarding a criminal offence in a member state in accordance with national law;


### the type of service and its duration including technical data and data identifying related technical measures or interfaces used by or provided to the subscriber or customer , and data related to the validation of the use of service , excluding passwords or other authentication means used in lieu of a password that are provided by a user , or created at the request of a user; ### the type of service and the duration of the subscription including other relevant suscription-related information and data identifying related technical measures or interfaces used by or provided to the subscriber or customer , and data related to the validation of the use of service , excluding passwords or other authentication means used in lieu of a password that are provided by a user , or created at the request of a user;


### (8) ‘access data’ means data related to the commencement and termination of a user access session to a service , which is strictly necessary for the sole purpose of identifying the user of the service , such as the date and time of use , or the log-in to and log-off from the service , together with the ip address allocated by the internet access service provider to the user of a service , data identifying the interface used and the user id. this includes electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications]; ### (8) ‘access data’ means technical identifiers related to a specific user access to a service , such as the user id , the date and time of use , the log-in to and log-off from the service , or the ip address; such data are deemed necessary for the sole purpose of identifying the user of the service and do not allow profiling an individual; electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications] are also included;


### (8) ‘access data’ means data related to the commencement and termination of a user access session to a service , which is strictly necessary for the sole purpose of identifying the user of the service , such as the date and time of use , or the log-in to and log-off from the service , together with the ip address allocated by the internet access service provider to the user of a service , data identifying the interface used and the user id. this includes electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications]; ### (8) ‘access data’ means data related to the commencement and termination of a user access session to a service , which is strictly necessary for the sole purpose of identifying the user of the service , such as the date and time of use , or the log-in to and log-off from the service , together with the ip address allocated by the internet access service provider to the user of a service , data identifying the interface used and the user id. this includes electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications];


### (9) ‘transactional data’ means data related to the provision of a service offered by a service provider that serves to provide context or additional information about such service and is generated or processed by an information system of the service provider , such as the source and destination of a message or another type of interaction , data on the location of the device , date , time , duration , size , route , format , the protocol used and the type of compression , unless such data constitues access data. this includes electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications]; ### (9) ‘transactional data’ means data related to the provision of a service offered by a service provider that serves to provide context or additional information about such service and is generated or processed by an information system of the service provider , such as the source and destination of a message or another type of interaction , data on the location of the device , date , time , duration , size , route , format , the protocol used and the type of compression , unless such data constitutes access data. this includes electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications];


### (9) ‘transactional data’ means data related to the provision of a service offered by a service provider that serves to provide context or additional information about such service and is generated or processed by an information system of the service provider , such as the source and destination of a message or another type of interaction , data on the location of the device , date , time , duration , size , route , format , the protocol used and the type of compression , unless such data constitues access data. this includes electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications]; ### (9) ‘transactional data’ means data related to the provision of a service offered by a service provider that provide context or additional information about such service and is generated or processed by an information system of the service provider , such as the source and destination of a message or another type of interaction , data on the location of the device , date , time , duration , size , route , format , the protocol used and the type of compression , unless such data constitues access data. this includes electronic communications metadata as defined in point (g) of article 4(3) of [regulation concerning the respect for private life and the protection of personal data in electronic communications];


### (10) ‘content data’ means any stored data in a digital format such as text , voice , videos , images , and sound other than subscriber , access or transactional data; ### (10) ‘content data’ means any stored data related to the services provided by service providers in a digital format such as text , voice , videos , images , and sound other than subscriber , access or transactional data;


### (15) ‘emergency cases’ means situations where there is an imminent threat to life or physical integrity of a person or to a critical infrastructure as defined in article 2(a) of council directive 2008/114/ec46 . ### (15) ‘emergency cases’ means situations where there is an imminent threat to life or physical integrity of a person.


### 2. the european production orders and european production orders may only be issued for criminal proceedings , both during the pre-trial and trial phase. the orders may also be issued in proceedings relating to a criminal offence for which a legal person may be held liable or punished in the issuing state. ### 2. the european production orders and european preservation orders may only be issued for criminal proceedings , both during the pre-trial and trial phase. the orders may also be issued in proceedings relating to a criminal offence for which a legal person may be held liable or punished in the issuing state.


### 1. grants the executive director of the european asylum support office discharge in respect of the implementation of the office’s budget for the financial year 2018 / postpones its decision on granting the director of the european asylum support office discharge in respect of the implementation of the agency’s budget for the financial year 2018; ### 1. grants the executive director of the european asylum support office discharge in respect of the implementation of the office’s budget for the financial year 2018;


### 1. approves the closure of the accounts of the european asylum support office for the financial year 2018 / postpones the closure of the accounts of the european asylum support office for the financial year 2018; ### 1. approves the closure of the accounts of the european asylum support office for the financial year 2018;


### 1. takes notes of the decision of the office’s management board of 6 june 2018 to release the previous executive director from his duties with immediate effect; notes the designation of an ad interim executive director on 6 june 2018 and the appointment of a new executive director on 16 june 2019; takes notes of the follow-up report by the office on the observations of parliament for the 2017 financial year , in particular the corrective measures taken by the office’s management board , the ad interim executive director and the new executive director in order to improve the governance structure and efficiency of the office , restore transparency and build trust; supports and appreciates the measures outlined by the 2019 easo governance action plan; notes the positive message and intention for future close cooperation expressed by the new executive director in the public hearing of 4 september 2019; however , recalls the european parliament decision of 23 october 2019 refusing to grant the office’s executive director discharge for the financial year 2017; ### 1. takes notes of the decision of the office’s management board of 6 june 2018 to release the previous executive director from his duties with immediate effect; notes the designation of an ad interim executive director on 6 june 2018 and the appointment of a new executive director on 16 june 2019; takes note of the follow-up report by the office on the observations of parliament for the 2017 financial year , in particular the corrective measures taken by the office’s management board , the ad interim executive director and the new executive director in order to improve the governance structure and efficiency of the office , restore transparency and build trust; supports and appreciates the measures outlined by the 2019 easo governance action plan; welcomes the positive message and intention for future close cooperation expressed by the new executive director in the public hearing of 4 september 2019; however , recalls the european parliament decision of 23 october 2019 refusing to grant the office’s executive director discharge for the financial year 2017;


### 4. notes , in light of comments and observations from the discharge authority related to the office’s high dependency on sufficient resources , mainly on experts being made available by member states , that experts shortages are reported to the member states and commission at different levels; notes , furthermore , that , in order to compensate the shortages faced in member states nominations and deployments , the office has increased the deployment of locally recruited interim staff and that , in 2018 , only 26% of the deployments of the operational needs where covered with member states experts; ### 4. notes , in light of comments and observations from the discharge authority related to the office’s high dependency on sufficient resources , mainly on experts being made available by member states , that experts shortages are reported to the member states and commission at different levels; notes , furthermore , that , in order to compensate the shortages faced in member states nominations and deployments , the office has increased the deployment of locally recruited interim staff and that , in 2018 , only 26% of the deployments of the operational needs where covered with member states experts; points out the fact that the office would not be in position to provide member states with critical support to their asylum systems without recurring to the use of temporary agents; acknowledges the office's proposal suggesting an asylum reserve pool of 500 member states experts; calls on the member states and the commission to urgently assess and address this proposal;


### 5. regrets that limited annual budgets and the absence of any contingency funds in the office’s budget to cover the financing of unforeseen urgent operational needs create budgetary uncertainties and hamper emergency planning; calls on the office to address budgetary constraints in consultation with the commission and the budgetary authorities; ### 5. regrets that limited annual budgets and the partial absence of contingency funds in the office’s budget to cover the financing of unforeseen urgent operational needs create budgetary uncertainties and hamper emergency planning; takes note that the office is in constant dialogue with the commission and budgetary authorities regarding its operational planning and resource allocation; acknowledges that the office makes partial use of contributions from the associate countries as contingency for operational expenditures , in particular to face unplanned requests for support from member states; calls on the office to continue to address budgetary constraints in close consultation with the commission and the budgetary authorities;


### 6. acknowledges the renewed cooperation strategy of the joint easo-frontex management board; moreover; notes that the office plays an active role in the network of agencies in streamlining common actions such as call for the recruitment of confidential counsellors , participation in joint procurement procedures for framework contracts , and staff mobility programmes; ### 6. welcomes the renewed cooperation strategy of the joint easo-frontex management board; moreover; notes with appreciation that the office plays an active role in the network of agencies in streamlining common actions such as call for the recruitment of confidential counsellors , participation in joint procurement procedures for framework contracts , and staff mobility programmes;


### 9. regrets to note that , according to the court’s report , as from the end of 2017 , the human resources situation at the office has deteriorated exponentially; notes that , by the end of 2018 , the office had 219 staff members; 89 offer letters were sent out and 60 contracts were signed; observes , however , that there were still 78 vacancies to be filled by the end of 2018; in particular , notes with deep concern the lack of managers in the administration department , as four out of five management posts were either vacant or saw the persons occupying it suspended from their duties; express its grave concern that this situation entails a significant risk to the continuation of the office’s operations at the current scale; calls on the office to make additional efforts to fill the vacant posts , in collaboration with the commission and member states and to keep the discharge authority up to date on the corrective measures taken to mitigate that risk; ### 9. regrets to note that , according to the court’s report , as from the end of 2017 , the human resources situation at the office has deteriorated exponentially; notes that , by the end of 2018 , the office had 216 staff members; 89 offer letters were sent out and 60 contracts were signed; observes , however , that there were still 78 vacancies to be filled by the end of 2018; in particular , notes with deep concern the lack of managers in the administration department , as four out of five management posts were either vacant or saw the persons occupying it suspended from their duties; express its grave concern that this situation entails a significant risk to the continuation of the office’s operations at the current scale; calls on the office to make additional efforts to fill the vacant posts , in collaboration with the commission and member states and to keep the discharge authority up to date on the corrective measures taken to mitigate that risk; takes note of the commitment expressed by the executive leadership to the transparent and efficient fulfilment of the office's recruitment plan , which foresees 500 staff by 2020;


### 11. acknowledges the fact that the absence of comprehensive arrangements concerning the accommodation of asylum support teams and other office forces in the member states (e.g. as regards privileges and immunities for the office’s own staff , member states’ experts and contracted experts) creates a significant operational , financial and reputational risk; takes notes on the office’s reply that this issue has been raised in bilateral contacts with member states , commission and management board; calls on the office , together with the commission , to continue seeking effective arrangements with member states concerning the accommodation of asylum support teams and other office forces; ### 11. acknowledges the fact that the absence of comprehensive arrangements concerning the accommodation of asylum support teams and other office forces in the member states (e.g. as regards privileges and immunities for the office’s own staff , member states’ experts and contracted experts) creates a significant operational , financial and reputational risk; takes notes on the office’s reply that this issue has been raised in bilateral contacts with member states , commission and management board; welcomes the signature of the hosting arrangement with cyprus in july 2019 and the efforts made by the office to conclude a similar arrangement with greece in the beginning of 2020; calls on the office , together with the commission , to continue seeking effective arrangements with member states concerning the accommodation of asylum support teams and other office forces;


### 12. notes from the court’s report that in 2018 the office had launched an open public procurement procedure to establish framework contracts for the provision of temporary workers’ service in italy; notes that the office discontinued the procedure because only one tender was received and the office considered this offer unacceptable , as the financial offer exceeded the estimated maximum budget; observes that the court found that the tender specifications contained an important mistake amounting to eur 25 million; notes , therefore , that it is likely that other possible candidates refrained from submitting tenders to the office since the specifications did not allow for a lawful business case; notes furthermore , that the office did not change the tender specifications and did not allow to organise a new open procedure but instead negotiated the conditions and consequently signed the contract with the one tenderer that had responded to the initial call; notes with concern that in the absence of fair competition on the basis of correct tender specifications , the procurement procedure and all related contracts and future payments are considered irregular; calls on the office to apply the union public procurement rules in a rigorous manner; ### 12. notes from the court’s report that in 2018 the office had launched an open public procurement procedure to establish framework contracts for the provision of temporary workers’ service in italy; notes that the office discontinued the procedure because only one tender was received and the office considered this offer unacceptable , as the financial offer exceeded the estimated maximum budget; observes that the court found that the tender specifications contained an important mistake amounting to eur 25 million; notes , therefore , that it is likely that other possible candidates refrained from submitting tenders to the office since the specifications did not allow for a lawful business case; notes furthermore , that the office did not change the tender specifications and did not allow to organise a new open procedure but instead negotiated the conditions and consequently signed the contract with the one tenderer that had responded to the initial call; notes with concern that in the absence of fair competition on the basis of correct tender specifications , the procurement procedure and all related contracts and future payments are considered irregular; welcomes the corrective actions adopted following the court's findings; notes with satisfaction that these actions were duly communicated to the commission and all member states and implemented in close cooperation with italy; calls on the office to apply the union public procurement rules in a rigorous manner;


### 13. notes that the office uses service contracts with it companies which were formulated in a way that could imply assignment of temporary agency workers instead of clearly defined it services or products; recalls that the provision of temporary agency workers to perform precise tasks for a specific duration is subject to directive 2018/104/ec of the european parliament and of the council and to specific rules adopted by the member states; notes that the use of it service contracts for the provision of labour is not compliant with the eu staff regulation and eu social and employment rules; takes notes on the office’s reply that it is considering reviewing its template for time and means contracts as to include in each contract a list of deliverables that are to be performed under the contract; calls on the office to make sure that the contracts’ formulation prevents any confusion between the procurement of it services and of interim workers; ### 13. notes that the office uses service contracts with it companies which were formulated in a way that could imply assignment of temporary agency workers instead of clearly defined it services or products; recalls that the provision of temporary agency workers to perform precise tasks for a specific duration is subject to directive 2018/104/ec of the european parliament and of the council and to specific rules adopted by the member states; notes that the use of it service contracts for the provision of labour is not compliant with the eu staff regulation and eu social and employment rules; takes notes on the office’s reply that it has revised its template for time and means contracts as to include in each contract a list of deliverables that are to be performed under the contract; calls on the office to make sure that the contracts’ formulation prevents any confusion between the procurement of it services and of interim workers;


### 14. acknowledges from the office that , in 2018 , it began to implement the commission decision regarding whistleblowing and developed a practical guide for the management and prevention of conflicts of interests , which should be adopted by the management board by q3 of 2019 as well as rules for the protection of whistle-blowers; ### 14. acknowledges from the office that , in 2018 , it began to implement the commission decision regarding whistleblowing and developed a practical guide for the management and prevention of conflicts of interests , with an adoption calendar by the management board by q3 of 2019 as well as rules for the protection of whistle-blowers; notes with appreciation that the office has organised a series of staff-dedicated training sessions on ethics , with a specific emphasis on prevention of conflicts of interest and with a special tailor-made module dedicated to managers; notes with satisfaction that relevant rules regarding conflict of interest have also been transposed on the relevant standard operating procedures and policies; calls on the office to continue to pay particular attention to the prevention of conflict of interest and the proper implementation of whistle-blowing rules and procedures;


### 15. notes with concern that , although the office publishes the declarations of interest and cvs of its management board members on its website , it is still not publishing the declarations of interests of the senior management; ### 15. notes with concern that , although the office publishes the declarations of interest and cvs of its management board members on its website , it is still not publishing the declarations of interests of the senior management and calls on the office to immediately take action in this regard;


### 17. deplores that , at the end of 2018 , the office did not have an internal audit capability and that there were no comprehensive internal audit service audit reports that had been issued since january 2018; furthermore , notes that the creation of ex-post controls to verify the legality and regularity of transactions was in its infancy; takes note on the office’s reply that it has agreed and documented corrective measures on the internal control systems including the creation of audit capability by q4 of 2019 and an ex-post internal control capability by q3 of 2019; calls on the office to report back to the discharge authority on the measures taken in that respect; ### 17. deplores that , at the end of 2018 , the office did not have an internal audit capability and that there were no comprehensive internal audit service audit reports that had been issued since january 2018; furthermore , notes that the creation of ex-post controls to verify the legality and regularity of transactions was in its infancy; takes note on the office’s reply that it has agreed and documented corrective measures on the internal control systems including the creation of audit capability by q4 of 2019 and an ex-post internal control capability by q3 of 2019; notes with appreciation that the office is building its ex-post controls capability with the first ex-post control officer recruited in q4 2019 and with additional officers to be recruited during the first half of 2020; acknowledges that the office is in the process of building an internal audit capability and is currently in talks with another eu agency that has extensive experience in the area in order to identify the best model for the office; calls on the office to report back to the discharge authority on the measures taken in that respect;


### 19. regrets that there is still no policy regarding sensitive posts at the office , which is not in line with the office’s internal control standards whereby sensitive functions should be clearly defined , recorded and kept up to date; takes notes on the office’s reply that a sensitive posts policy is being finalised and is expected to be approved by q3 of 2019 and to be implemented by q4 of 2019; calls on the office to report to the discharge authority on developments on this matter; ### 19. regrets that in 2018 there was no policy regarding sensitive posts at the office , which is not in line with the office’s internal control standards whereby sensitive functions should be clearly defined , recorded and kept up to date; takes note of the office's reply that a sensitive post policy was adopted in september 2019 , to be implemented by q4 of 2019; calls on the office to report to the discharge authority on further developments on this matter;


### 20. recalls the fact that , at the end of 2017 , there were no internal legal function at the office and that a multitude of law firms had been engaged under the control of the previous director; observes , however , that in 2018 the office has created a list of all contracts used for legal advice , and that in 2019 , a new senior legal advisor started her duties at the office and the new framework contract for legal advice to replace the previous contracts was signed; notes , however , that there was still no systematic internal review of legal documents in place while multiple inconsistencies were noted in the legal aspects of public procurement procedures in 2018; calls on the office to ensure a strong legal function and effective management of legal procedures; ### 20. recalls the fact that , at the end of 2017 , there were no internal legal function at the office and that a multitude of law firms had been engaged under the control of the previous director; observes , however , that in 2018 the office has created a list of all contracts used for legal advice , and that in 2019 , a new senior legal advisor started her duties at the office and the new framework contract for legal advice to replace the previous contracts was signed , with several other legal advisors to be recruited in 2020; notes , however , that there was still no systematic internal review of legal documents in place while multiple inconsistencies were noted in the legal aspects of public procurement procedures in 2018; calls on the office to ensure a strong legal function and effective management of legal procedures;


### 24. notes , in light of comments from the discharge authority related to the appointment of the new ad interim executive director , who took office on 6 june 2018 , that , since this change in management , that transparency has been given utmost priority as the founding principle of the governance action plan under the leadership of its new executive director who is committed to continue with this approach in future; ### 24. welcomes that in light of comments from the discharge authority related to the appointment of the new ad interim executive director , who took office on 6 june 2018 , that , since this change in management , that transparency has been given utmost priority as the founding principle of the governance action plan under the leadership of its new executive director who is committed to continue with this approach in future;


### 1. grants the executive director of the european union agency for law enforcement cooperation (europol) discharge in respect of the implementation of europol’s budget for the financial year 2018/ 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 2018; ### 1. grants the executive director of the european union agency for law enforcement cooperation (europol) discharge in respect of the implementation of europol’s budget for the financial year 2018;


### 2. notes that the agency monitored its performance by means of 38 key performance indicators , 51 other performance indicators and the implementation of around 170 specific actions planned in its work programme , with the performance reporting framework in general aimed at assessing the added value the agency’s activities and at enhancing its budget management; ### 2. notes with satisfaction that the agency monitored its performance by means of 38 key performance indicators , 51 other performance indicators and the implementation of around 170 specific actions planned in its work programme , with the performance reporting framework in general aimed at assessing the added value the agency’s activities and at enhancing its budget management;


### 7. notes with concern that , according to the court’s report , the agency irregularly prolonged the duration of a framework contract for the provision of business travel services by signing amendment number 2 after the contract had expired and that , with the same amendment , the agency also introduced new price aspects not covered by the competitive procurement procedure , making amendment number 2 and related 2018 payments irregular; notes the agency’s reply that the delay for the extension of the contract was due to the application of the principle of sound financial management; calls on the agency to strengthen contract management and ex-ante controls; ### 7. notes with concern that , according to the court’s report , the agency irregularly prolonged the duration of a framework contract for the provision of business travel services by signing amendment number 2 after the contract had expired and that , with the same amendment , the agency also introduced new price aspects not covered by the competitive procurement procedure , making amendment number 2 and related 2018 payments irregular; notes the agency’s reply that the framework contract extension had been initiated well in advance of its expiry and that the delay for the extension of the contract was due to the application of the principle of sound financial management; calls on the agency to strengthen contract management and ex-ante controls;


### 8. notes the agency’s existing measures and ongoing efforts to secure transparency , prevention and management of conflicts of interest and whistle-blower protection; notes the potential conflict of interest case identified concerning a recruitment procedure in 2018; notes that no follow-up action was needed as the adviser recused himself; ### 8. appreciates the agency’s existing measures and ongoing efforts to secure transparency , prevention and management of conflicts of interest and whistle-blower protection; notes the potential conflict of interest case identified concerning a recruitment procedure in 2018; notes that no follow-up action was needed as the adviser recused himself; welcomes the publication on the agency's website of cvs and declarations of interests for management board members and directorate;


### 1. grants the executive director of the european union agency for the οperational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) 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 the οperational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) 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 the οperational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) 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 the οperational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) for the financial year 2018 / postpones the closure of the accounts of the european union agency for the οperational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) for the financial year 2018; ### 1. approves the closure of the accounts of the european union agency for the οperational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) for the financial year 2018;


### 1. regrets that budget-monitoring efforts during the financial year 2018 resulted in a budget implementation rate of 73 ,85 % , representing a decrease of 24 ,82 % compared with 2017; observes that the low implementation rate is due to outstanding commitments , mainly related to operational expenditure subject to adoption of their legal basis; notes furthermore that the payment appropriations execution rate was 90 ,56 % , representing a decrease of 0 ,98 % compared with 2017; ### 1. regrets that budget-monitoring efforts during the financial year 2018 resulted in a budget implementation rate of 75 ,2 %; observes that the low implementation rate is due to outstanding commitments , mainly related to operational expenditure which is subject to adoption of their legal basis; notes furthermore that the payment appropriations execution rate was 94 ,08 % , representing an increase of 2 ,55 % compared with 2017;


### 3. notes the agency's very low budget implementation in 2018 , with close to 25 % (eur 49 million) of commitment appropriations carried forward and 76 % (eur 74 million) of payment appropriations unused; acknowledges that this was due to reasons beyond the control of the agency , namely the late adoption or entry into force of certain legislative acts; believes , however , that the lower absorption capacity should have been anticipated and therefore calls on the agency and the commission to improve the budgetary planning in the future; ### 3. notes the agency's very low budget implementation in 2018 with close to 25 % (eur 49 million) of commitment appropriations carried forward and 76 % (eur 74 million) of payment appropriations unused; acknowledges that this was due to reasons beyond the control of the agency , namely the late adoption or entry into force of certain legislative acts; believes , however , that the lower absorption capacity should have been anticipated and therefore calls on the agency and the commission to improve the budgetary planning in the future and on the commission to involve the agency closely in the preparation of new legislative acts:


### 3. notes with concern that according to the court’s report the agency’s budget implementation was less than planned because of the late adoption or entry into force of legal acts , something outside the agency’s control , affecting both the evolution and the development of existing and new systems; notes that in response the agency returned to the commission eur 74 000 000 in payment appropriations and carried forward eur 49 000 000 of commitment appropriations , thus calling into question the planning assumptions contained in the legislative financial statements prepared by the commission; calls on the agency , together with the commission , to improve alignment of budgetary planning with the timing of legal acts; ### 3. notes with concern that according to the court’s report the agency’s budget implementation was less than planned because of the late adoption or entry into force of legal acts , something outside the agency’s control , affecting both the evolution and the development of existing and new systems; notes that in response the agency returned to the commission eur 74 000 000 in payment appropriations and carried forward eur 49 000 000 of commitment appropriations , thus calling into question the planning assumptions contained in the legislative financial statements prepared by the commission; highlights that the inscription of budgetary resources in the agency's voted budget for legal acts not yet adopted introduces significant risks to sound financial management; calls on the commission , together with the agency , to improve alignment of budgetary planning with the timing of legal acts;


### 4. notes the agency’s sustained cooperation with other union agencies and the strengthened mandate given by the entry into force of the regulation (eu) 2018/172618 in december 2018 which will bring new opportunities to reinforce cooperation , deliver proactive advice and additional support and assistance to the commission , member states and other justice and home affairs agencies , and work more closely with international organisations; ### 4. welcomes the agency’s sustained cooperation with other union agencies and the strengthened mandate given by the entry into force of the regulation (eu) 2018/172618 in december 2018 which will bring new opportunities to reinforce cooperation , deliver proactive advice and additional support and assistance to the commission , member states and other justice and home affairs agencies , and work more closely with international organisations;


### 5. takes note of several flaws detected by the court in relation to compliance with public procurement rules; regrets that the flaws related to a framework contract for provision of ‘corrective maintenance in working order of the schengen information system’ led to irregular payments totalling eur 759 000; deplores that the court detected further shortcomings in the quality , completeness and consistency of information related to that contract; takes note of the agency’s reply that the irregular payment was necessary to comply with its legal obligation to continuously maintain the schengen information system as the procedure for the successor framework contract was launched too late; welcomes the new organisational structure put in place by the agency to reinforce the capabilities needed for operational planning and the underlying procurement , including the provision of legal and technical input , but calls for further efforts to ensure compliance with procurement rules and more accurate reporting; ### 5. takes note of several flaws detected by the court in relation to compliance with public procurement rules; regrets that the flaws related to a framework contract for provision of ‘corrective maintenance in working order of the schengen information system’ led to irregular payments totalling eur 759 000; deplores that the court detected further shortcomings in the quality , completeness and consistency of information related to that contract; takes note of the agency’s reply that the irregular payment was necessary to comply with its legal obligation to continuously maintain the schengen information system as the procedure for the successor framework contract was launched too late; welcomes the new organisational structure put in place by the agency to reinforce the capabilities needed for operational planning and the underlying procurement , including the provision of legal and technical input , but calls for further efforts to ensure compliance with procurement rules and more accurate reporting; takes note of the court's observation that the agency may consider using the international function point users group (ifpug) methodology , a standard methodology for the determination of price for development activities;


### 6. notes , in light of the observations and comments made in 2018 by the discharge authority , that the agency manages three separate , non-integrated large-scale it systems in accordance with the respective legal instruments governing those systems and that the different development timelines and constraints stemming from these legal framework have caused the it systems to be built separately and in a non-integrated way; notes that the agency recognises that this approach is neither sustainable nor efficient from an operational or budgetary perspective; further notes that the agency has begun an initiative to streamline system architecture and design with the commission’s interoperability initiative as the main driver; ### 6. notes , in light of the observations and comments made in 2018 by the discharge authority , that the agency manages three separate , non-integrated large-scale it systems in accordance with the respective legal instruments governing those systems , and that the different development timelines and constraints stemming from these legal framework have caused the it systems to be built separately and in a non-integrated way; notes that the agency recognises that this approach is neither sustainable nor efficient from an operational or budgetary perspective; welcomes the fact that the agency has begun an initiative to streamline system architecture and design with the commission’s interoperability initiative as the main driver;


### 7. notes with concern that on 31 december 2018 the establishment plan was only 89 ,71 % executed , with 122 temporary agents appointed out of 136 temporary agents authorised under the union budget (compared with 131 authorised posts in 2017); notes that , in addition , 31 contract agents and 9 seconded national experts worked for the agency in 2018; ### 7. notes with concern that on 31 december 2018 the establishment plan was only 89 ,71 % executed , with 122 temporary agents appointed out of 136 temporary agents authorised under the union budget (compared with 131 authorised posts in 2017); notes that , in addition , 31 contract agents and 9 seconded national experts worked for the agency in 2018; acknowledges that this execution rate can be attributed to the late adoption of the correspondent legal acts;


### 8. notes in light of comments and observations made in 2018 by the discharge authority that the agency acknowledges the significant risks for the continuity of its operations of having a small number of staff and has requested additional staff in its programming documents; acknowledges that such staff increase is subject to approval by parliament and council , and that the agency is trying to mitigate the risk through reprioritisation of tasks and fast recruitment; ### 8. notes in light of comments and observations made in 2018 by the discharge authority that the agency acknowledges the significant risks for the continuity of its operations of having a small number of staff; highlights that the agency has requested additional staff in its programming documents; acknowledges that such staff increase is subject to approval by parliament and council , and that the agency is trying to mitigate the risk through reprioritisation of tasks and fast recruitment; points out that the current practice of recruiting the necessary staff for the implementation of a legal act only once such legal act is in force implies reliance on existing staff to conduct preparatory measures for the implementation of such legal act , stretching the agency's core team capabilities and therefore carrying the risk of affecting the agency's performance of its daily activities; calls on the commission to allow for the front-loading of some of the staff foreseen in a proposal for a legal act in order to allow the agency to efficiently prepare the implementation of such legal act;


### 9. notes that according to the court’s report in one recruitment procedure the agency’s selection committee , to the detriment of the transparency of the procedure , deviated from the published vacancy notice and applied a higher minimum score than published for applicants to be placed on the reserve list; notes the agency’s reply that it has adjusted its practice for the ongoing procedures and that the guidelines on recruitment procedures will include the principle that the threshold for the reserve list should be established ex-ante; calls on the agency to ensure that published selection criteria are respected; ### 9. notes that , according to the court’s report in one recruitment procedure , the agency’s selection committee , to the detriment of the transparency of the procedure , deviated from the published vacancy notice and applied a higher minimum score than published for applicants to be placed on the reserve list; notes from the agency’s reply the commitment to using a more stringent wording in the vacancy notices to be published in the future; welcomes the fact that the agency has immediately re-adjusted its practice for ongoing procedures , and that the guidelines on recruitment procedures will include the principle that the threshold for the reserve list should be established ex-ante; calls on the agency to ensure that published selection criteria are respected;


### 11. notes with concern that according to the court’s report two audited payments for the provision of ‘corrective maintenance in working order of the schengen information system’ (mws) were partly irregular in that the agency amended one specific contract by increasing monthly maintenance charges without amending the mws framework contract to provide for the price increase and later extended the contract by 1 ,5 months after the expiry of the mws framework contract; stresses that the additional amount paid for the monthly maintenance and the payment for maintenance after the expiry date of the framework contract are irregular; notes the agency’s reply that delays incurred in the launch of the successor framework contract and additional steps taken during the award process resulted in the requirement to ensure continuity of maintenance for the schengen information system , in line with the agency’s legal obligations , and that the process of finalising the set of checklists and templates for procurement procedures and the creation of capabilities for planning support of operational activities and underlying procurement is ongoing; calls on the agency to ensure compliance with public procurement rules; ### 11. notes with concern that according to the court’s report two audited payments for the provision of ‘corrective maintenance in working order of the schengen information system’ (mws) were partly irregular in that the agency amended one specific contract by increasing monthly maintenance charges without amending the mws framework contract to provide for the price increase and later extended the contract by 1 ,5 months after the expiry of the mws framework contract; stresses that the additional amount paid for the monthly maintenance and the payment for maintenance after the expiry date of the framework contract are partially irregular; notes the agency’s reply that delays incurred in the launch of the successor framework contract and additional steps taken during the award process resulted in the requirement to ensure continuity of maintenance for the schengen information system , in line with the agency’s legal obligations , and that the process of finalising the set of checklists and templates for procurement procedures and the creation of capabilities for planning support of operational activities and underlying procurement is ongoing; calls on the agency to ensure compliance with public procurement rules;