### 18. notes the uk’s cross-border data access agreement with the us21 , under the us cloud act , which facilitates transfers for law enforcement purposes; is concerned that this will allow undue access to the personal data of eu citizens and residents by us authorities; ### 18. notes the uk’s cross-border data access agreement with the us21 , under the us cloud act , which facilitates transfers for law enforcement purposes; is concerned that this will allow undue access to the personal data of eu citizens and residents by us authorities; shares the concern of the edpb as to whether the safeguards provided under the eu-us umbrella agreement applied on a mutatis mutandis basis would meet the criteria of clear , precise and accessible rules when it comes to access to personal data , or would sufficiently enshrine such safeguards to be effective and actionable under uk law.


### 22. is concerned about the shortcomings and violations identified in the way the uk implemented data protection law while it was still a member of the eu; recalls that the uk was recording and maintaining an illegal copy of the schengen information system; is therefore concerned about data being exchanged with uk law enforcement agencies , and about the uk maintaining access to eu law enforcement databases; ### 22. is concerned about the shortcomings and violations identified in the way the uk implemented data protection law while it was still a member of the eu; recalls that the uk was recording and maintaining an illegal copy of the schengen information system; points out that , despite the fact that the uk does not have access anymore to sis , these violations have demonstrated that the uk authorities could not be trusted with eu citizens’ data while it was still a member state; regrets therefore that the commission has failed to execute its task as guardian of the treaties , by not sufficiently pressuring the uk to urgently solve these problems in an adequate and timely manner and to demonstrate that it can be entrusted with the processing of personal data for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties; is therefore concerned about data being exchanged with uk law enforcement agencies , and about the uk maintaining access to eu law enforcement databases; stresses that an adequacy decision should not be granted as long as these violations have not been resolved;


### 25. calls on the commission to assure eu businesses that the adequacy decision will provide a solid , sufficient and future-oriented legal basis for data transfers; underlines the importance of making sure that this adequacy decision will be deemed acceptable if reviewed by the cjeu and stresses that all recommendations made in the edpb opinion should therefore be taken on board; ### 25. calls on the commission to assure eu businesses that the adequacy decision will provide a solid , sufficient and future-oriented legal basis for data transfers; underlines the importance of making sure that this adequacy decision will be deemed acceptable if reviewed by the cjeu and stresses that all recommendations made in the edpb opinion should therefore be taken on board; expects the commission president to take full responsibility and to resign if adequacy is granted without solving the issues mentioned above and , later on , the adequacy decisions are not deemed acceptable by the cjeu;


### 26. welcomes the fact that the adequacy decision will be reviewed every four years and will include a sunset clause , and calls on the commission to keep monitoring the level of data protection in the uk in law and practice in the meantime; ### 26. welcomes the fact that the adequacy decision will be reviewed every four years and will include a sunset clause , and calls on the commission to keep monitoring the level of data protection in the uk in law and practice in the meantime and to amend , suspend and/or repeal the adequacy decision if material and practical changes would arise in the uk that would lower the protection of personal data;


### 26. welcomes the fact that the adequacy decision will be reviewed every four years and will include a sunset clause , and calls on the commission to keep monitoring the level of data protection in the uk in law and practice in the meantime; ### 26. believes that every adequacy decision should include a sunset clause , and calls on the commission to keep monitoring the level of data protection in third countries in law and practice;


### 27. calls for the commission to consult with parliament on any future changes to the uk data protection regime , and for a scrutiny role for parliament in the new institutional framework , including for relevant bodies such as the specialised committee on law enforcement and judicial cooperation; ### 27. calls for the commission to immediately inform and consult with parliament on any future changes to the uk data protection regime , and for a scrutiny role for parliament in the new institutional framework , including for relevant bodies such as the specialised committee on law enforcement and judicial cooperation;


### 9. notes that , according to the court’s report , for the procurement of furniture , accessories and related services , the terms used in the documents for the call for tender were not specific enough , undermining the competitive nature of the tendering procedure; notes , moreover , that the agency did not sufficiently check the accuracy of underlying prices and the calculation of discounts applied for the non-standard items before submitting the order form to the contractor; notes that , according to the agency’s reply , the tender documentation included the subject matter of the procurement and the applicable exclusion , selection and award criteria , thus allowing for competitiveness and , with regard to the discount given by the contractor , the fact that the contractor had offered a higher discount than the standard rate included in the contract and the agency thus acted in compliance with the principles of sound financial management , in line with the provisions of the contract; ### 9. notes that , according to the court’s report , for the procurement of furniture , accessories and related services , the terms used in the documents for the call for tender were not specific enough , undermining the competitive nature of the tendering procedure; notes , moreover , that the agency did not sufficiently check the accuracy of underlying prices and the calculation of discounts applied for the non-standard items before submitting the order form to the contractor; calls on the agency to ensure full compliance with the principle of competition in all tendering procedures; notes that , according to the agency’s reply , the tender documentation included the subject matter of the procurement and the applicable exclusion , selection and award criteria , thus allowing for competitiveness and , with regard to the discount given by the contractor , the fact that the contractor had offered a higher discount than the standard rate included in the contract and the agency thus acted in compliance with the principles of sound financial management , in line with the provisions of the contract;


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


### 10. notes the agency’s existing measures and ongoing efforts to secure transparency , prevention and management of conflicts of interest , whistleblower protection and the fight against harassment; notes that two cases of alleged psychological harassment and related inappropriate behaviour were reported and subsequently investigated by means of a formal administrative inquiry in 2019 and a decision on the outcome was to be taken in 2020; notes that the cvs and declarations of interest of some of the members of the agency’s management board have not been published on the agency’s website; ### 10. notes the agency’s existing measures and ongoing efforts to secure transparency , prevention and management of conflicts of interest , whistleblower protection and the fight against harassment; notes that two cases of alleged psychological harassment and related inappropriate behaviour were reported and subsequently investigated by means of a formal administrative inquiry in 2019 and a decision on the outcome was to be taken in 2020; deplores that the cvs and declarations of interest of some of the members of the agency’s management board have not been published on the agency’s website; reiterates its calls on the agency to rapidly publish the cvs and declarations of interest for all members of the agency's management board;


### 1. regrets that budget-monitoring efforts during the financial year 2019 resulted in a budget implementation rate of 44 ,51 % , representing a decrease of 30 ,67 % compared to 2018; observes that the low implementation rate was caused by a carry-over of approximately eur 159 million that was authorised by the management board and was due to a lack of alignment between the budgetary planning for new tasks and the actual date of the entry into force of the relevant legal acts or the completion of subsequent acts; notes , furthermore , that the payment appropriations execution rate was 92 ,28 % , representing a decrease of 1 ,80 % compared to 2018; ### 1. regrets that budget-monitoring efforts during the financial year 2019 resulted in a budget implementation rate of 44 ,51 % , representing a decrease of 30 ,67 % compared to 2018; observes that the low implementation rate was caused by a carry-over of approximately eur 159 million that was authorised by the management board and was due to a lack of alignment between the budgetary planning for new tasks as presented in the respective legislative financial statements prepared by the commission and the actual date of the entry into force of the relevant legal acts or the completion of subsequent acts; notes , furthermore , that the payment appropriations execution rate was 92 ,28 % , representing a decrease of 1 ,80 % compared to 2018;


### 3. notes with concern that according to the court’s report , the agency implemented only part of its budget due to the late adoption and entry into force of certain legal acts; notes that in response the agency returned eur 66 million to the commission in payment appropriations , including eur 23 million not requested when the budget was established , and carried forward eur 159 million of commitment appropriations , thus calling into question the planning assumptions in the legislative financial statements prepared by the commission; notes that the incorporation of a significant amount of resources in the budget for the implementation of legislation not yet adopted presents a serious risk to the efficient use of appropriations , in particular to those appropriations not requested by the agency itself; notes that the budget implementation problem was also reported by the court in 2018; notes that according to the agency’s reply , risks associated with the inscription of resources in the agency’s budget for legislation not yet adopted are systematically reported to the management board; 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 implemented only part of its budget due to the late adoption and entry into force of certain legal acts; notes that in response the agency returned eur 66 million to the commission in payment appropriations , including eur 23 million not requested when the budget was established , and carried forward eur 159 million of commitment appropriations , thus calling into question the planning assumptions in the legislative financial statements prepared by the commission; notes that the incorporation of a significant amount of resources in the budget for the implementation of legislation not yet adopted presents a serious risk to the efficient use of appropriations , in particular to those appropriations not requested by the agency itself; notes that the budget implementation problem was also reported by the court in 2018; notes that according to the agency’s reply , risks associated with the inscription of resources in the agency’s budget for legislation not yet adopted are systematically reported to the management board; calls on the agency , together with the commission , to improve alignment of budgetary planning with the timing of legal acts; calls on the commission to involve the agency in the preparation of the respective legislative financial statements at the earliest possible stage;


### 2. notes with regard to the follow-up of the discharge authority’s comment made in the previous year concerning the agreement to construct the agency’s new premises in strasbourg that the agency registered statements of defence with the court of first instance of strasburg on 15 may 2018 and on 15 february 2019 while the court decision has not yet been issued and that the talks aimed at reaching an out-of-court settlement were restarted in april 2019; notes that between december 2019 and april 2020 a second exchange of pleadings took place in both cases at the administrative court of strasbourg (a financial claim and a judicial take-over claim) , and that on 20 may 2020 , the administrative court set a possible hearing date and also confirmed that the pre-trial phase was over for both cases; calls on the agency to inform the discharge authority as soon as the judgement of the court is issued; ### 2. notes with regard to the follow-up of the discharge authority’s comment made in the previous year concerning the agreement to construct the agency’s new premises in strasbourg that the agency registered statements of defence with the court of first instance of strasburg on 15 may 2018 and on 15 february 2019 and that the talks aimed at reaching an out-of-court settlement were restarted in april 2019; notes that between december 2019 and april 2020 a second exchange of pleadings took place in both cases at the administrative court of strasbourg (a financial claim and a judicial take-over claim) , and that on 20 may 2020 , the administrative court confirmed that the pre-trial phase was over for both cases; notes that hearings for both cases took place on 23 july 2020 and that the administrative court fully dismissed both claims; notes that on 22 september 2020 two appeals were filed by the applicant in front of the administrative court of appeal of nancy; notes that the deadline for the agency to submit the statements of defence before the administrative court of appeal of nancy was 10 february 2020; calls on the agency to inform the discharge authority as soon as the appeal judgements of the court are issued;


### 4. notes that the agency uses certain tools such as key performance indicators to assess the added value provided by its activities and other tools to improve its budget management such as the number of identified critical shortcomings during security tests , the percentage of identified security risks treated by assured security controls and the ratio of activities identified in the annual work programme carried out or on schedule; ### 4. welcomes the fact that the agency uses certain tools such as key performance indicators to assess the added value provided by its activities and other tools to improve its budget management such as the number of identified critical shortcomings during security tests , the percentage of identified security risks treated by assured security controls and the ratio of activities identified in the annual work programme carried out or on schedule;


### 5. notes that the agency is aiming to ensure cost efficiency and economy of scale through pooling resources with and via other agencies through participation in inter-institutional calls for tenders and contractual arrangements with other service providers to reduce administrative costs and to avoid the duplication of horizontal services; notes that the agency is working closely with the agencies in the justice and home affairs domain and that working arrangements and cooperation plans are in place with the european asylum support office , the european union agency for criminal justice cooperation , the european union agency for law enforcement and cooperation , the european union agency for law enforcement training , the european union agency for fundamental rights , the european union agency for cybersecurity and european border and coast guard agency; ### 5. notes with appreciation that the agency is aiming to ensure cost efficiency and economy of scale through pooling resources with and via other agencies through participation in inter-institutional calls for tenders and contractual arrangements with other service providers to reduce administrative costs and to avoid the duplication of horizontal services; encourages the agency to expand its participation in inter-institutional collaboration also to the fields of cybersecurity or ecological transition; notes that the agency is working closely with the agencies in the justice and home affairs domain and that working arrangements and cooperation plans are in place with the european asylum support office , the european union agency for criminal justice cooperation , the european union agency for law enforcement and cooperation , the european union agency for law enforcement training , the european union agency for fundamental rights , the european union agency for cybersecurity and european border and coast guard agency;


### 13. notes that the agency has adopted a policy on protecting the dignity of persons and preventing harassment; notes that following a request by a member of staff in october 2018 , the agency opened an administrative inquiry in 2019 that was completed in september 2019 with a disciplinary measure , that a complaint was issued against that disciplinary measure and that the agency is planning to reply by the beginning of august 2020; notes that it is not yet known if the case will be taken before the general court; calls on the agency to report to the discharge authority by june 2021 with regard to progress made; notes that based on the data from the confidential counsellors , there were nine harassment cases reported during 2019 but none of the cases resulted in either formal or informal procedures; ### 13. notes that the agency has adopted a policy on protecting the dignity of persons and preventing harassment; notes that following a request by a member of staff in october 2018 , the agency opened an administrative inquiry in 2019 that was completed in september 2019 with a disciplinary measure , acknowledges that a complaint was issued against that disciplinary measure and that the agency replied on 3 august 2020; notes that a court case was lodged before the general court by the member of staff concerned; calls on the agency to report to the discharge authority by june 2021 with regard to progress made and , if applicable , corrections measures taken following a final decision of the general court; notes that based on the data from the confidential counsellors , there were nine harassment cases reported during 2019 but none of these cases resulted into the members of staff requesting support through either formal or informal procedures;


### prevention and management of conflicts of interest and transparency ### prevention and management of conflicts of interest , ethics and transparency


### (3) the european union agency for law enforcement cooperation (europol) , established by regulation (eu) 2016/794 of the european parliament and of the council29 , plays an important role in the use of sis and in the exchange of supplementary information with member states on sis alerts. nevertheless , according to existing rules , alerts in sis can only be issued by member states’ competent authorities. ### (3) the european union agency for law enforcement cooperation (europol) , established by regulation (eu) 2016/794 of the european parliament and of the council29 , plays an important role in leveraging sis to combat serious crime and terrorism and in the exchange of supplementary information with member states on sis alerts. nevertheless , according to existing rules , alerts in sis can only be issued by member states’ competent authorities.


### (8) in order to assess whether a concrete case is adequate , relevant and important enough to warrant the entry of an alert in sis , and in order to confirm the reliability of the source of information and the accuracy of the information on the person concerned , europol should carry out a detailed individual assessment of each case including further consultations with the third country or international organisation that shared the data on the person concerned , as well as further analysis of the case , in particular by cross checking it against information it already holds in its databases , to confirm the accuracy of the information and complement it with other data on the basis of its own databases. the detailed individual assessment should include the analysis of whether there are sufficient grounds for considering that the person has committed or taken part in , or will commit a criminal offence in respect of which europol is competent. ### (8) in order to assess whether a concrete case is adequate , relevant and important enough to warrant the entry of an alert in sis , and in order to confirm the reliability of the source of information and the accuracy of the information on the person concerned , europol should carry out a detailed individual assessment of each case including further consultations with the third country or international organisation that shared the data on the person concerned , consultation with member states , as well as further analysis of the case , in particular by cross checking it against information it already holds in its databases , to confirm the accuracy of the information and complement it with other data on the basis of its own databases. the detailed individual assessment should include the analysis of whether there are sufficient grounds for considering that the person has committed or taken part in , or will commit a criminal offence in respect of which europol is competent.


### (10) europol should keep records of the individual assessment of each case , which should include the grounds for entering the alert , for the purposes of verifying the lawfulness of the data processing , self-monitoring and ensuring proper data integrity and security. in accordance with regulation (eu) 2016/794 , europol should co-operate with the european data protection supervisor and make these records available upon request , so that they can be used for monitoring processing operations. ### (10) europol should keep records of the individual assessment of each case , which should include the grounds for entering the alert , for the purposes of verifying the lawfulness of the data processing , self-monitoring and ensuring proper data integrity and security. in accordance with regulation (eu) 2016/794 , europol should co-operate with the european data protection supervisor and make these records available to the edps upon request , so that they can be used for monitoring processing operations.


### (11) it is necessary to establish rules concerning the deletion of alerts entered in sis by europol. an alert should be kept only for the time required to achieve the purpose for which it was entered. it is therefore appropriate to set out detailed criteria to determine when the alert should be deleted. an alert entered by europol in sis should be deleted in particular if a member state objects , another alert is entered in sis by a member state , or if europol becomes aware that the information received from the third country or international organisation was incorrect or was communicated to europol for unlawful purposes , for example if sharing the information on the person was motivated by political reasons. ### (11) it is necessary to establish rules concerning the deletion of alerts entered in sis by europol. an alert should be kept only for the time required to achieve the purpose for which it was entered. it is therefore appropriate to set out detailed criteria to determine when the alert should be deleted. an alert entered by europol in sis should be deleted in particular if a member state objects , another alert is entered in sis by a member state on the same person , or if europol becomes aware that the information received from the third country or international organisation was incorrect or was communicated to europol for unlawful purposes , for example if sharing the information on the person was motivated by political reasons.


### 1. where a member state considers that to give effect to an alert entered in accordance with article 26 , 32 , 36 or 37a is incompatible with its national law , its international obligations or essential national interests , it may require that a flag be added to the alert to the effect that the action to be taken on the basis of the alert will not be taken in its territory. flags on alerts entered in accordance with article 26 , 32 or 36 shall be added by the sirene bureau of the issuing member state , flags on alerts entered in accordance with article 37a shall be added by europol. ### 1. where a member state considers that to give effect to an alert entered in accordance with article 26 , 32 , 36 or 37a is incompatible with its national law , its international obligations or essential national interests , it may require that a flag be added to the alert , after it has provided the reasons for doing so , to the effect that the action to be taken on the basis of the alert will not be taken in its territory. flags on alerts entered in accordance with article 26 , 32 or 36 shall be added by the sirene bureau of the issuing member state , flags on alerts entered in accordance with article 37a shall be added by europol.


### 1. where a member state considers that to give effect to an alert entered in accordance with article 26 , 32 , 36 or 37a is incompatible with its national law , its international obligations or essential national interests , it may require that a flag be added to the alert to the effect that the action to be taken on the basis of the alert will not be taken in its territory. flags on alerts entered in accordance with article 26 , 32 or 36 shall be added by the sirene bureau of the issuing member state , flags on alerts entered in accordance with article 37a shall be added by europol. ### 1. where a member state considers that to give effect to an alert entered in accordance with article 26 , 32 , 36 or 37a is incompatible with its national law , its international obligations or essential national interests , it may require that a flag be added to the alert , after providing justification for the request , to the effect that the action to be taken on the basis of the alert will not be taken in its territory. flags on alerts entered in accordance with article 26 , 32 or 36 shall be added by the sirene bureau of the issuing member state , flags on alerts entered in accordance with article 37a shall be added by europol.


### 1. europol may enter alerts on persons in sis for the purpose of informing end-users carrying out a search in sis of the suspected involvement of those persons in a criminal offence in respect of which europol is competent in accordance with article 3 of regulation (eu) 2016/794 , as well as for the purpose of obtaining information in accordance with article 37b of this regulation that the person concerned has been located. ### 1. europol may enter alerts on persons in sis for the purpose of informing end-users carrying out a search in sis of the suspected involvement of those third-country nationals in a criminal offence in respect of which europol is competent in accordance with article 3 of regulation (eu) 2016/794 , as well as for the purpose of obtaining information in accordance with article 37b of this regulation that the person concerned has been located.


### 2. europol may only enter an alert in sis on persons who are third-country nationals on the basis of information received from a third country or an international organisation in accordance with article 17(1)(b) of regulation (eu) 2016/794 , where the information relates to one of the following: ### 2. europol may only enter an alert in sis on persons who are third-country nationals on the basis of information received from a third country or an international organisation in accordance with article 17(1)(b) of regulation (eu) 2016/794 , where , following a detailed individual assessment , it has established that the information relates to one of the following:


### 2. europol may only enter an alert in sis on persons who are third-country nationals on the basis of information received from a third country or an international organisation in accordance with article 17(1)(b) of regulation (eu) 2016/794 , where the information relates to one of the following: ### 2. europol may only enter an alert in sis on persons who are third-country nationals on the basis of information received from a third country referred to in article 25 (1) of regulation 2016/794 or an international organisation in accordance with article 17(1)(b) of regulation (eu) 2016/794 , where the information relates to one of the following:


### persons who are suspected of having committed or taken part in a criminal offence in respect of which europol is competent in accordance with article 3 of regulation (eu) 2016/794 , or who have been convicted of such an offence; ### third country nationals who are suspected of having committed or taken part in a criminal offence in respect of which europol is competent in accordance with article 3 of regulation (eu) 2016/794 , or who have been convicted of such an offence;


### persons regarding whom there are factual indications or reasonable grounds to believe that they will commit criminal offences in respect of which europol is competent in accordance with article 3 of regulation (eu) 2016/794. ### third-country nationals regarding whom there are factual indications or reasonable grounds to believe that they will commit criminal offences in respect of which europol is competent in accordance with article 3 of regulation (eu) 2016/794.


### 3. europol may only enter an alert in sis after it has ensured all of the following: ### 3. europol may only enter an alert in sis after it has established that this is necessary and justified , by ensuring all of the following:


### an analysis of the data provided in accordance with paragraph 2 confirmed the reliability of the source of information and the accuracy of the information on the person concerned , permitting europol to determine that that person falls within the scope of paragraph 2 , where necessary , after having carried out further exchanges of information with the data provider in accordance with article 25 of regulation (eu) 2016/794; ### a detailed individual analysis of the data provided in accordance with paragraph 2 confirmed the reliability of the source of information and the accuracy of the information on the person concerned , permitting europol to determine that that person falls within the scope of paragraph 2 , where necessary , after having carried out further exchanges of information with the data provider in accordance with article 25 of regulation (eu) 2016/794;


### 4. europol shall keep detailed records relating to the entry of the alert in sis and the grounds for such entry to permit verification of compliance with the substantive and procedural requirements laid down in paragraphs 1 , 2 and 3. such records shall be available for the european data protection supervisor on request. ### 4. europol shall keep detailed records relating to the entry of the alert in sis and all the grounds for such entry to permit verification of compliance with the substantive and procedural requirements laid down in paragraphs 1 , 2 and 3. such records shall be available for the european data protection supervisor on request.


### collect and communicate the following information: ### collect and immediately communicate the following information:


### 2. the executing member state shall communicate the information referred to in paragraph 1(a) to europol through the exchange of supplementary information. ### 2. the executing member state shall immediately communicate the information referred to in paragraph 1(a) to europol through the exchange of supplementary information.


### 7a. the european data protection supervisor shall carry out an audit of the data processing operations of europol under this regulation in accordance with international auditing standards at least every four years. ### 7a. the european data protection supervisor shall carry out an audit of the data processing operations of europol under this regulation in accordance with international auditing standards at least every year.


### 5a. europol may enter an alert on a person for the purposes of article 37a (1) for a period of one year. europol shall review the need to retain the alert within that period. europol shall , where appropriate , set shorter review periods. ### 5a. europol may enter an alert on a third-country national for the purposes of article 37a (1) for a period of one year. europol shall review the need to retain the alert within that period. europol shall , where appropriate , set shorter review periods.


### 7. alerts on persons shall be deleted automatically after the review period referred to in paragraphs 2 , 3 , 4 , 5 and 5a has expired , except where the issuing member state or in the case of alerts entered in sis pursuant to article 37a of this regulation europol , has informed cs-sis of an extension pursuant to paragraph 6 of this article. cs-sis shall automatically inform the issuing member state or europol of the scheduled deletion of data four months in advance. ### 7. alerts on third country nationals shall be deleted automatically after the review period referred to in paragraphs 2 , 3 , 4 , 5 and 5a has expired , except where the issuing member state or in the case of alerts entered in sis pursuant to article 37a of this regulation europol , has informed cs-sis of an extension pursuant to paragraph 6 of this article. cs-sis shall automatically inform the issuing member state or europol of the scheduled deletion of data four months in advance.


### (4) member states and europol shall report annually to the european data protection board on: ### (4) member states and europol shall report annually to the european data protection board and the european parliament on:


### (5) the reports from the member states and europol shall be included in the joint report referred to in article 71(4). ### (5) the reports from the member states and europol shall be included in their entirety in the joint report referred to in article 71(4).


### 3. eu-lisa shall produce daily , monthly and annual statistics showing the number of records per category of alerts , both for each member state , europol and in aggregate. eu-lisa shall also provide annual reports on the number of hits per category of alert , how many times sis was searched and how many times sis was accessed for the purpose of entering , updating or deleting an alert , both for each member state , europol and in aggregate. the statistics produced shall not contain any personal data. the annual statistical report shall be published. ### 3. eu-lisa shall produce daily , monthly and annual statistics showing the number of records per category of alerts , both for each member state , europol and in aggregate. eu-lisa shall also provide annual reports on the number of hits per category of alert , how many times sis was searched and how many times sis was accessed for the purpose of entering , updating or deleting an alert , both for each member state , europol and in aggregate. eu-lisa shall also produce daily , monthly and annual statistics showing the number of entries of records proposed by europol , against which a reasoned objection was expressed by a member state , per member state and categorised by reason provided. the statistics produced shall not contain any personal data. the annual statistical report shall be published.


### 1. acknowledges that the need to respond swiftly and effectively to a crisis often has a direct impact on the balance between the different powers of the state and recognises that governments and local authorities may be forced to adopt emergency measures with less public consultation than would generally be expected; calls attention to the great importance of upholding an effective system of checks and balances for all actions taken in response to an emergency; ### 1. acknowledges that the need to respond swiftly and effectively to a crisis often has a direct impact on the balance between the different powers of the state and recognises that governments and local authorities may be forced to adopt emergency measures with less public consultation than would generally be expected; recalls however that great importance should be given upholding an effective system of checks and balances for all actions taken in response to an emergency;


### 1. acknowledges that the recent crises have confirmed the need to be able to mobilise investment and frontload financial support as from the very first years of recovery; is aware that in times of crisis resources have to be made available within tight deadlines and in rapidly changing circumstances; remarks that a significant amount of additional resources to be spent in a short amount of time increases the pressure on control systems; stresses , nevertheless , that rapid deployment of funds and swift adoption of legislative acts need to be complemented by adequate administrative measures; points out that the pressure to provide relief and the urge to use the resources in the shortest time possible could result in increased risk of corruption , fraud and other irregularities , and that such a situation requires efficient preventive measures and control management processes; ### 1. acknowledges that the recent crises have confirmed the need to be able to mobilise investment and frontload financial support as from the very first years of recovery; is aware that in times of crisis resources have to be made available within tight deadlines and in rapidly changing circumstances; remarks that a significant amount of additional resources to be spent in a short amount of time increases the pressure on control systems; stresses , nevertheless , that rapid deployment of funds and swift adoption of legislative acts need to be complemented by adequate administrative measures; points out that the pressure to provide relief and the urge to use the resources in the shortest time possible could result in increased risk of corruption , fraud and other irregularities , and that such a situation requires efficient preventive measures and control management processes; reiterates that all procurement procedures must abide by the highest standards of openness , transparency and accountability; calls on the commission and member states to develop sections with targeted measures dedicated within to spending public money in terms of crisis , within their respective anti-corruption strategies;


### 2. is of the opinion that the response to the current covid-19 crisis may have increased the risk and instances of corruption; believes that the response to the covid-19 crisis is also a reminder that openness , transparency , accountability and law enforcement are essential components of democratic governance; ### 2. underlines that during the response to the current covid-19 crisis , there has been an increased risk of corruption , confirmed by high-level prominent cases in some member states; highlights that the response to the covid-19 crisis must abide by the highest standards of openness , transparency , accountability and law enforcement , as essential components of democratic governance;


### 2. is of the opinion that such crises provide an opportunity and a need to strengthen anti-corruption and integrity policies , and therefore improve overall governance; believes , in this respect , that the covid-19 crisis will sharpen our focus on governance in the years ahead as a result of the increased efforts to tackle the pandemic’s devastating effects and costs for people and economies; ### 2. is of the opinion that such crises provide an opportunity and a need to strengthen anti-corruption and integrity policies , and therefore improve overall governance; believes , in this respect , that the covid-19 crisis should sharpen our focus on governance in the years ahead as a result of the increased efforts to tackle the pandemic’s devastating effects and costs for people and economies; draws attention to the important role of preventive measures in anticipating and effectively responding to corruption risks under crisis situations;


### 4. points out that corruption in general undermines the functioning of the state and public authorities at all levels and is one of the key enablers of organised crime; emphasises that effective anti-corruption frameworks and transparency and integrity in the exercise of state power can strengthen legal systems and trust in public authorities and democratic processes; ### 4. points out that corruption in general undermines the functioning of the state and public authorities at all levels and is one of the key enablers of organised crime; emphasises that effective anti-corruption frameworks and transparency and integrity in the exercise of state power can strengthen legal systems and trust in public authorities and democratic processes; calls on all member states to update or develop their national anti-corruption strategies , with dedicated sections to spending public money in times of crisis;


### 4. emphasises in this regard that the eu – both its institutions and the member states – cannot afford to lose precious resources at the best of times , and even less so during and after the pandemic; ### deleted


### 5. stresses that the incorrect management of public funds and ineffective responses to a crisis may intensify growing distrust in government; believes that the public has the right to be informed and to be provided with up-to-date , transparent and reliable information and data during crises; ### 5. stresses that the incorrect management of public funds and ineffective responses to a crisis may intensify growing distrust in government; believes that the public has the right to be informed and to be provided with up-to-date , transparent and reliable information and data during crises; regrets that during the covid-19 pandemic , several member states adopted measures that hampered public access to documents; underlines that in this context , media professionals experienced important difficulties and unmotivated denials , as well as pressure and threats concerning access to public documents; recalls the role of the free press as a key component of a functional democracy and stresses the importance of protection mechanisms at national and european level in order to preserve and strengthen a free media; recalls that timely public access to documents in a machine-readable format is a key component to ensuring transparency and scrutiny of public spending;


### 6. welcomes the critical role of civil society organisations in fighting corruption; emphasises that the success of any emergency response greatly depends on the active participation of all actors in society; believes that the current covid-19 crisis has highlighted the importance of maintaining a robust system of citizen participation in public decision-making; ### 6. welcomes the critical role of civil society organisations in fighting corruption; emphasises that the success of any emergency response greatly depends on the active participation of all actors in society; believes that the current covid-19 crisis has highlighted the importance of maintaining a robust system of citizen participation in public decision-making; regrets that , during the covid-19 crisis , several member states adopted emergency legislation imposing restrictive measures on the activities of the civil society , beyond the proportionate necessities called for by the situation; urges member states to develop comprehensive crisis management plans in order to prepare for future similar situations and to include safeguards for the civil society's role of public watchdog;


### 7. acknowledges the current role and future potential of using artificial intelligence and big data in fighting corruption and the misuse of public funds; points out that all information and data must be processed in a proper way to ensure data protection and the privacy of citizens; ### 7. acknowledges the current role and future potential of using artificial intelligence and big data in fighting corruption and the misuse of public funds; points out that all publicly available information and data should be easily accessible; highlights that this information and data must be processed in compliance with the norms concerning data protection and the right to privacy of individuals;


### 8. calls on the member states to follow the recommendations of the group of states against corruption (greco) and welcomes the possibility of the eu joining greco as a full member. ### 8. reminds that the group of states against corruption (greco) issued several recommendations concerning the use of public money in crisis situations , in the context pf the covid-19 pandemic; calls on the member states to follow all of the greco recommendations and welcomes the possibility of the eu joining greco as a full member.


### 8. believes that it is important to keep citizens engaged in the fight against corruption and fully protected from negative personal consequences; calls on the commission to provide the right platforms for engagement; ### 8. believes that it is important to keep citizens engaged in the fight against corruption and fully protected from negative personal consequences; calls on the commission to provide the right platforms for engagement; highlights the vital role of civil society organisations in fighting corruption; underlines that a robust system of citizen participation in public decision making is key to a successful response in emergency situations; regrets that , during the covid-19 crisis , several member states have adopted emergency legislation imposing restrictive measures on the activities of the civil society , beyond the proportionate necessities called for by the situation; urges member states to develop comprehensive crisis management plans in order to prepare for future similar situations and to include safeguards for the civil society's role of public watchdog;


### 9. notes that in the midst of an economic , security or health-related crisis , governments have a tendency to relax contracting procedures; stresses the fact that the eu public procurement directive already allows for much quicker and less administratively burdensome procedures and that member states’ governments should not manage these procedures outside of the legal requirements; ### 9. notes that in the midst of an economic , security or health-related crisis , governments have a tendency to relax contracting procedures; stresses the fact that the eu public procurement directive already allows for much quicker and less administratively burdensome procedures and that member states’ governments should not manage these procedures outside of the legal requirements; highlights that any necessary relaxation of procedures during crisis situations should be complemented by close scrutiny applied through reliable ex-post mechanisms;


### 11. welcomes the coordinated and decisive action at eu level resulting in the adoption of a wide package of initiatives , nextgenerationeu , targeting the consequences of the disruptive covid-19 pandemic for citizens’ health and businesses across the eu; ### 11. welcomes the coordinated and decisive action at eu level resulting in the adoption of a wide package of initiatives , nextgenerationeu , targeting the consequences of the disruptive covid-19 pandemic for citizens’ health and businesses across the eu; highlights however that the unprecedented increase in eu funds spending may increase the associated corruption risks; calls on the commission and member states to adapt the resources available to authorities within the national and european anti-corruption frameworks and to assess the use of complementary measures in enhancing their response to the increased risks associated;


### 15. is of the opinion that more transparency , coupled with technology and data science , could also help to identify and reduce corruption; in this sense , calls on the commission and the member states to make full use of the available tools , such as the early detection and exclusion system (edes) , arachne and the irregularities management system (ims) to effectively and efficiently identify the problematic economic operators and the private individuals (or natural persons) linked to them in both direct and indirect management; encourages member states to exchange information both among themselves and with the commission and to cooperate more closely with a view to improving data collection and enhancing the effectiveness of controls; ### 15. is of the opinion that more transparency , coupled with technology and data science , could also help to identify and reduce corruption; in this sense , calls on the commission and the member states to make full use of the available tools , such as the early detection and exclusion system (edes) , arachne and the irregularities management system (ims) to effectively and efficiently identify the problematic economic operators and the private individuals (or natural persons) linked to them in both direct and indirect management; reiterates its call on the commission to make the use of arachne mandatory for all eu funding; calls on the member states to timely exchange information both among themselves and with the commission and to cooperate more closely with a view to improving data collection and enhancing the effectiveness of controls; highlights the added benefits that information sharing can bring to effectively fight corruption; calls on the commission and member states to improve the interoperability of their respective relevant data bases and enhance cooperation in fighting corruption , especially under crisis situations;


### 17. regrets the fact that olaf does not have full access to the arachne risk scoring tool; ### 17. regrets the fact that olaf does not have full access to the arachne risk scoring tool; calls on the commission to take the necessary action in order to ensure the effective access of olaf to the relevant data from the arachne tool;


### 18. calls on the commission to evaluate the response to the covid-19 pandemic , to look at how corruption affected the outcome and whether integrity was upheld or undermined , and to report back to parliament on the main findings; ### 18. calls on the commission to evaluate the response to the covid-19 pandemic , to look at how corruption affected the outcome and whether integrity was upheld or undermined , and to report back to parliament on the main findings; recommends that the commission specifically assess this aspect in its upcoming annual rule of law reports;


### 19. finds it lamentable that the commission makes extensive use of the redaction tool to cover parts of the apa contracts; insists , notwithstanding the sensitivity of the information , that such details are important in improving accountability and the global response to the virus; notes that the commission applies article 38(3)(d) of the financial regulation , referring to the case where disclosure of data risks harming the commercial interests of the recipients , and calls for proportionality of effective scrutiny and full accountability of the use of the resources with the public interest; ### 19. regrets that the commission makes extensive use of the redaction tool to cover parts of the apa contracts; insists , notwithstanding the sensitivity of the information , that such details are important in improving accountability and the global response to the virus; notes that the commission applies article 38(3)(d) of the financial regulation , referring to the case where disclosure of data risks harming the commercial interests of the recipients , and calls for proportionality of effective scrutiny and full accountability of the use of the resources with the public interest;


### 20. believes that if relevant data on public procurement were to be made publicly available for analysis , freely and easily accessible , in an open and standardised format , together with data on court convictions and on company registries , this could significantly foster the prevention and detection of potential cases of corruption; is of the opinion , therefore , that all public procurement contracts (using public money) should be publicly available , published on a dedicated website and with the minimum of redaction; ### 20. believes that if relevant data on public procurement were to be made publicly available for analysis , freely and easily accessible , in an open and standardised format , together with data on court convictions and on company registries , this could significantly foster the prevention and detection of potential cases of corruption; is of the opinion , therefore , that relevant information concerning all public procurement contracts (using public money) should be publicly available , published on a dedicated website and with the minimum of redaction , in full compliance with data protection legislation;


### 22. objects vehemently , moreover , to the fact that , despite several attempts to get a clear overview , the committees on budgets and on budgetary control are not given access to relevant data on the eu funds spent under the esi to finance the advance purchase agreements (apa) contracts , amounting to around eur 2.5 billion for six apa contracts; ### 22. regrets the fact that , despite several attempts to get a clear overview , the committees on budgets and on budgetary control are not given access to relevant data on the eu funds spent under the esi to finance the advance purchase agreements (apa) contracts , amounting to around eur 2.5 billion for six apa contracts;


### 23. urges the commission to put in place a solid and transparent eu public procurement framework , when funds from the eu budget are fully or partially involved , that would allow for full and unlimited scrutiny by parliament , especially concerning major economic , security or health crisis-related spending areas; ### 23. urges the commission to put in place a solid and transparent eu public procurement framework , when funds from the eu budget are fully or partially involved , that would allow for comprehensive scrutiny by parliament , especially concerning major economic , security or health crisis-related spending areas;


### 27. welcomes , in this regard , the possibility for the eu to join greco as a full member; ### 27. underlines that the group of states against corruption (greco) has made comprehensive recommendations to member states with respect to the use of public money in crisis and emergency situations; calls on all member states to fully implement these recommendations , enhancing transparency and accountability; welcomes , in this regard , the possibility for the eu to join greco as a full member;


### 29. takes the view that a centralised procurement administration to which contractors and contracting authorities are obliged to systematically report highly detailed project data and progress (in a standardised format) should be created , in order to facilitate data collection and treatment on an eu level; ### 29. takes the view that a country by country eu-wide public procurement data base to which contractors and contracting authorities are obliged to systematically report highly detailed project data and progress (in a standardised format) should be created , in order to facilitate data collection and treatment on an eu level;


### 32. encourages the member states to make good use of eu funding and programmes , and , with the help of olaf , to train staff to understand fraud types , trends , threats and risks , corruption and other illegal activities affecting the eu’s financial interests; ### 32. encourages the member states to make good use of eu funding and programmes; calls on national authorities to collaborate with olaf , towards training staff with respect to the different fraud types , trends , threats and risks , corruption and other illegal activities affecting the eu’s financial interests;


### 1. notes the appointment of a new executive director on 16 june 2019; welcomes the detailed follow-up report by the office on the observations of parliament for the financial year 2019 , in particular the steps made in the area of procurement with the successful conclusion of the framework contract for temporary agency workers in italy that was awarded in 2019 and its full compliance with union procurement rules; ### 1. welcomes the appointment of a new executive director on 16 june 2019; welcomes the detailed follow-up report by the office on the observations of parliament for the financial year 2019 , in particular the steps made in the area of procurement with the successful conclusion of the framework contract for temporary agency workers in italy that was awarded in 2019 and its full compliance with union procurement rules;


### 6. notes that , on 31 december 2019 , the establishment plan was 75 ,35 % executed , with 214 temporary agents appointed out of 284 temporary agents authorised under the union budget (compared to 214 authorised posts in 2018); notes that , in addition , 72 contract agents and 9 seconded national experts worked for the office in 2019; notes with satisfaction that the office’s recruitment plan provides for a staff of 500 by 2020; ### 6. notes that , on 31 december 2019 , the establishment plan was 75 ,35 % executed , with 214 temporary agents appointed out of 284 temporary agents authorised under the union budget (compared to 214 authorised posts in 2018); notes that , in addition , 72 contract agents and 9 seconded national experts worked for the office in 2019; notes with satisfaction that the office’s recruitment plan provides for a staff of 500 by 2020; 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 , seconded national experts from the member states; 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 issue , allowing the office to fully implement its mandate;


### prevention and management of conflicts of interest and transparency ### prevention and management of conflicts of interest , ethics and transparency


### 8. notes the office’s reply to the discharge authority on the declaration of interests , which stated that all staff sign a declaration of interests upon entry into service; notes that the declaration of interests of the executive director has been published on the office’s website; calls on the office to publish the declarations of interests of the other senior management members on its website; ### 8. notes the office’s reply to the discharge authority on the declaration of interests , which stated that all staff sign a declaration of interests upon entry into service; notes that the declaration of interests of the executive director has been published on the office’s website; calls on the office to urgently publish the declarations of interests of the other senior management members on its website;


### 10. welcomes , as noted by the court , the re-establishment of the internal legal service , the recruitment of an ex-post controller and the establishment of a new internal and ex-post control service; notes that the establishment of an internal audit capability is still under consideration , awaiting the implementation of a cost-effectiveness analysis; ### 10. welcomes , as noted by the court , the re-establishment of the internal legal service , the recruitment of a senior legal office , with plans to further strengthen this function , the recruitment of an ex-post controller and the establishment of a new internal and ex-post control service; notes that the establishment of an internal audit capability is still under consideration , awaiting the implementation of a cost-effectiveness analysis;


### 21. notes a satisfactory geographical distribution of the overall staff , considering the size of the institution , with 20 member states represented in 2020; welcomes the introduction of 3 nationalities compared to 2019 , and notes a reduction in the disproportionate share of posts occupied by belgian nationals (from 27 to 23 %); notes that there is no change in the geographical distribution of the middle and senior management; understands that the specialised profiles needed to fulfil the supervisor mandate can limit selection panels when considering the geographical aspect; ### 21. notes a satisfactory geographical distribution of the overall staff , considering the size of the institution , with 20 member states represented in 2020; welcomes the introduction of 3 nationalities compared to 2019 , and notes a reduction in the disproportionate share of posts occupied by belgian nationals (from 27 to 23 %); notes that there is no change in the geographical distribution of the middle and senior management and encourages the supervisor to consider further steps to provide a more balanced representation;


### 22. calls on the supervisor to continue paying attention to issues related to gender balance and equal opportunities , in particular during selection procedures; suggests that the supervisor consider mandatory training for managers and for selection panellists on unconscious gender bias and equal opportunity policy implementation; ### 22. calls on the supervisor to continue paying attention to issues related to gender and geographical balance and equal opportunities , in particular during selection procedures; suggests that the supervisor consider mandatory training for managers and for selection panellists on unconscious gender bias and equal opportunity policy implementation;


### 27. notes that in march 2020 the supervisor adopted guidelines to recognise , prevent and manage burnout and that training focused on managing stress and building resilience with a particular focus on prevention of burnout on the agenda for 2021; ### 27. notes that in march 2020 the supervisor adopted guidelines to recognise , prevent and manage burnout and that training focused on managing stress and building resilience with a particular focus on prevention of burnout on the agenda for 2021; encourages the management team to address immediately any symptoms of possible burnout and to analyse the causes;


### 33. observes that the supervisor does not currently use the interinstitutional transparency register but publishes on the website the agenda and interventions of the supervisor , including meetings with interest representatives , to ensure accountability towards citizens; suggests that the supervisor , however , explores ways to link its own register to the transparency register; ### 33. observes that the supervisor does not currently use the interinstitutional transparency register but publishes on the website the agenda and interventions of the supervisor , including meetings with interest representatives , to ensure accountability towards citizens; strongly encourages the supervisor to explore ways to link its own register to the transparency register;


### 1. notes that the 'new pact on migration and asylum' is a holistic attempt to address europe's migration challenges; stresses however that these challenges originate outside europe and urges that the root causes and drivers of migration be effectively addressed; ### 1. welcomes the union's new pact on migration and asylum; notes that this pact addresses europe's migration , asylum , integration and border management challenges; deeply regrets the absence of legislative proposals on improving safe and legal pathways to the union; reiterates however the need to tackle the external challenges of migration , such as political instability , poverty and violence; urges therefore , to continue addressing the root causes and drivers of migration through a values-based approach;


### 2. recalls member states’ right to determine their own migration policies; underlines that facilitating labour migration at union level undermines member states’ unique and diverse labour market policies; considers that increasing regular migration channels will not reduce illegal migration or human trafficking; ### 2. recalls that the union has a shared competence for developing a common immigration policy; underlines that facilitating labour migration at union level can provide a complementary addition to member states’ unique and diverse labour market policies; considers that increasing regular migration channels will reduce illegal migration or human trafficking and will alleviate pressure on the union's asylum system; considers that a fragmentation of labour migration regulations across the union discourages the use of legal pathways; calls therefore on the union and its member states to establish harmonised application procedures;


### 3. points out that external borders must be secured and that migrants who lack the right to stay or enter the member states must be swiftly returned; supports proposals for an accelerated border procedure to apply to persons whose asylum applications have been rejected; ### 3. points out that migrants who are not granted a stay in the union or an entry to the member states must be returned under humane conditions and that this should occur on a voluntary basis; stresses that the external borders procedures should be considered as an optional tool and not as a mandatory practice to be used in normal times;


### 4. underlines that emigration of highly qualified citizens deprives countries of origin of their human capital and an educated workforce (“brain drain”) and seriously hampers their economic and social development; calls for the future eu talent partnerships to address this issue and take on board lessons from the recent eu pilot projects on legal migration; ### 4. recalls that the right to migrate is a human right; underlines that emigration of highly qualified citizens can lead to a reduction of human capital and an educated workforce (“brain drain”); considers circular migration , a more open visa policy , but also increasing funding of the erasmus+ programme to be useful tools to tackle those risks; calls for the expansion of more alternatives for legal migration to the union , by creating opportunities for academic exchanges through the erasmus+ programme , apprenticeships and vocational training; calls for the future eu talent partnerships to address this issue and take on board lessons from the recent eu pilot projects on legal migration;


### 5. calls for strengthening international law enforcement efforts , in cooperation with local governments , to combat criminal networks of smugglers contributing to illegal migration; ### 5. calls for strengthening international law enforcement efforts , in close cooperation with relevant local governments as well as with unhcr and iom , to combat criminal networks of smugglers and human traffickers;


### 6. calls for the appropriate use of the ndici-global europe to contribute to reducing migration flows by stimulating economic growth and development in third countries; ### 6. calls for the appropriate use of the ndici-global europe to contribute to addressing the root causes of migration by fighting poverty , stimulating economic growth and by enabling development in third countries; recalls that the ndici-global europe covers a wide array of other union migration-related policies which requires to be in line with the principle of policy coherence for sustainable development;


### 7. stresses the need to involve all stakeholders in europe and partner countries in the definition and evaluation of new and existing legal migration strategies; highlights the importance of religious entities , which play a key role in partner countries , including in conflict resolution. ### 7. stresses the need to involve all stakeholders in europe and partner countries in the definition and evaluation of new and existing legal migration strategies; highlights the importance of independent civil society entities , which play a key role in partner countries , including in conflict resolution.


### 8. notes that the objective of directive 2011/98/eu to simplify and harmonise the rules concerning permits currently applicable in the member states has not been fully achieved with some of the provisions being implemented in different ways across union; requests the commission to take the necessary steps to ensure that the member states implement that directive fully; further considers that that directive should be amended to allow applications for a single permit to be lodged from within both a member state and a third country , and , in order to further simplify and harmonise the rules , to clearly regulate the procedure for obtaining an entry visa so as to avoid applicants having to submit the documents needed to obtain a single permit twice , and calls on the commission to include such amendments in its proposal; ### 8. notes that the objective of directive 2011/98/eu to simplify and harmonise the rules concerning permits currently applicable in the member states and promote equal treatment has not been fully achieved with some of the provisions being implemented in different ways across the union; requests the commission to take the necessary steps to ensure that the member states implement that directive fully; further considers that the directive should be amended to require that applications for a single permit may be lodged both from within a member state and from a third country , to further simplify and harmonise the rules , to clearly regulate the procedure for obtaining an entry visa so as to avoid applicants having to submit the documents needed to obtain a single permit twice , and to reduce dependency of workers and risk of exploitation; calls on the commission to include such amendments in its proposal;


### recommendation 5 (on the simplification of directive 2011/98/eu) ### recommendation 5 (on the simplification and improvement of directive 2011/98/eu)


### - the european parliament is of the view that procedures with respect to directive 2011/98/eu should be further harmonised for that directive to be fully efficient , therefore considers that the legislative act to be adopted should amend that directive in order to allow applications for a single permit to be lodged both from within the territory of a member state and from a third country , while engaging both the member states and the third countries in a system that shares information on , and coordinates with respect to , the applications lodged. the european parliament moreover calls for , inter alia , the clear regulation and streamlining of the procedure for applying for an entry visa in order to avoid applicants having to submit the documents needed to obtaining a single permit twice , and also requests the commission to propose changes that would alleviate the difficulties facing third-country national holding work permits when changing employment , thus making the permit holder too dependent on the employer. ### - the european parliament is of the view that procedures with respect to directive 2011/98/eu should be further harmonised for that directive to be fully efficient , therefore considers that the legislative act to be adopted should amend that directive in order to require that applications for a single permit may be lodged both from within the territory of a member state and from a third country , while engaging both the member states and the third countries in the exchange of information and coordination of the applications lodged , in full compliance with eu data protection standards. the european parliament moreover calls for , inter alia , the clear regulation and streamlining of the procedure for applying for an entry visa in order to avoid applicants having to submit the documents needed to obtaining a single permit twice , and asks the commission to analyse and reduce the administrative requirements and inefficiencies in permit procedures which prevent pathways from responding to real labour market needs.


### b. whereas civil society organisations (csos) are non-profit making organisations independent of public institutions and commercial interests , whose activities contribute to the realisation of eu values and fundamental rights; whereas human rights defenders , activists and informal groups are also key actors in civil society; ### b. whereas civil society organisations (csos) are non-profit making organisations independent of public institutions and commercial interests , whose activities contribute to the realisation of eu values and fundamental rights; whereas csos can take various forms such as associations and foundations; whereas human rights defenders , activists and informal groups are also key actors in civil society;


### d. whereas freedom of thought and freedom of expression are the cornerstone of every free and democratic society; ### d. whereas freedom of thought and freedom of expression are the cornerstone of every free and democratic society; whereas csos shall have the right to participate in matters of political and public debate , regardless of whether the position taken is in accord with government policy or advocates a change in the law;


### e. whereas freedom of association is one of the essential bases of a democratic and pluralist society , as it allows citizens to act collectively in fields of mutual interest and to contribute to the proper functioning of public life; ### e. whereas freedom of association is one of the essential bases of a democratic and pluralist society , as it allows citizens to act collectively in fields of mutual interest and to contribute to the proper functioning of public life; whereas freedom of association does not only include the ability to create or dissolve an association but also for that association to operate without unjustified interference by the state; whereas the ability to seek , secure and use resources is essential to the operation of any association; whereas prohibition or dissolution shall always be a measure of last resort;


### f. whereas the right to peaceful assembly is a cornerstone of democracy; whereas restrictions to and policing of peaceful assemblies must respect legality , necessity , proportionality and non-discrimination; ### f. whereas the right to peaceful assembly is a cornerstone of democracy , crucial to creating a tolerant and pluralist society in which groups with different beliefs , practices , or policies can coexist peacefully; whereas restrictions to and policing of peaceful assemblies must respect legality , necessity , proportionality and non-discrimination;


### g. whereas freedom of expression has been restricted in some member states; whereas strategic lawsuits against public participation (slapps) have also been used to target civil society organisations (csos) and human rights defenders; whereas these exert a severe chilling effect on freedom of expression; ### g. whereas freedom of expression and access to information has been restricted in some member states on the pretext of fighting disinformation in relation to covid-19; whereas measures preventing terrorism or hate speech must not result in undue restrictions on freedom of expression; whereas strategic lawsuits against public participation (slapps) have also been used to target civil society organisations (csos) and human rights defenders; whereas these exert a severe chilling effect on freedom of expression;


### h. whereas freedom of association is being eroded in some member states; ### h. whereas freedom of association is being eroded in some member states by reforms that put csos at risk of de-registration or introduce unduly burdensome administrative processes , including but not limited to the careless application of anti-money-laundering measures or policies restricting the right to engage in advocacy;


### i. whereas in some member states , restrictions have been imposed with the deliberate aim of limiting civic space and are accompanied by legal , administrative and fiscal harassment , criminalisation and negative rhetoric aimed at stigmatising and delegitimising csos and draining their capacity to carry out their legitimate work; whereas hate speech , harassment and attacks also emanate from non-state actors; whereas csos working on women’s rights , including sexual and reproductive health and rights , environmental issues and the protection of minorities and lgbti rights , as well as those providing assistance to asylum seekers and those involved in search and rescue operations , are particularly exposed; ### i. whereas in some member states , restrictions have been imposed with the deliberate aim of limiting civic space and are accompanied by legal , administrative and fiscal harassment , criminalisation and negative rhetoric aimed at stigmatising and delegitimising csos and draining their capacity to carry out their legitimate work; whereas hate speech also in the online space , verbal and physical harassment and attacks also emanate from non-state actors; whereas csos and human rights defenders working on women’s rights , including sexual and reproductive health and rights , environmental issues and the protection of minorities and lgbti rights , as well as those providing assistance to migrants and asylum seekers and those involved in search and rescue operations are particularly exposed;


### j. whereas certain member states have placed restrictions on csos’ ability to engage in political activities; whereas in others , accusations that csos are political have become tools to stigmatise and delegitimise them; whereas csos report discriminatory and restrictive funding practices in certain member states; ### j. whereas certain member states have placed restrictions on csos’ ability to engage in political activities; whereas in others , accusations that csos are political have become tools to stigmatise and delegitimise them; whereas delegitimization in certain member states can appear as state or media-run smear campaigns; whereas csos report discriminatory and restrictive funding practices in certain member states;


### k. whereas policies and practices instilling a chilling effect on civic space have been adopted in certain member states with the aim of achieving self-censorship and deterring civic actors from exercising their rights; ### k. whereas policies and practices instilling a chilling effect on civic space have been adopted in certain member states with the aim of achieving self-censorship and deterring civic actors from exercising their rights; whereas such policies often combine vague provisions leaving large discretion to public authorities and disproportionately high sanctions; whereas the mere prospect of their application can be enough to instill self-censorship without an actual need to apply them;


### m. whereas the emergence of government-organised non-governmental organisations (gongos) designed to support the political legitimacy of those in power constitutes one of the gravest forms of attack against csos , jeopardising their existence by undermining active citizenship; ### m. whereas the emergence of government-organised non-governmental organisations (gongos) designed to always support the political legitimacy of those in power and support it in public debates and its political goals while presenting themselves as independent voices , constitutes one of the gravest forms of attack against csos , jeopardising their existence by undermining active citizenship;


### n. whereas while csos increasingly perform economic activities and contribute to the social economy , no legislative steps have been taken to unlock their operations at eu level; ### n. whereas while csos increasingly perform economic activities and contribute to the social economy , no legislative steps have been taken to unlock their operations at eu level; whereas despite concrete cjeu case law , the principle of non-discrimination and the free movement of capital applied to cross-border donations is still not universally applied in member states;


### o. whereas foreign funding has been the target of legal and political attacks in some member states; ### o. whereas foreign funding has been the target of legal and political attacks in some member states; whereas in case c-78/18 , the cjeu ruled that the law referred to it violated free movement of capital and freedom of association;


### 1. asserts the crucial role played by csos in the realisation of eu values and fundamental rights , and the implementation of eu policies and strategies; stresses their key contribution to informed public debate , articulating aspirations present in society , giving a voice to vulnerable and marginalised people , providing expertise in policy-making , promoting active citizenship and acting as schools of democracy; ### 1. asserts the crucial role played by csos in the realisation of eu values and fundamental rights , and the implementation of eu law , policies and strategies; stresses their key contribution to informed public debate , articulating aspirations present in society , giving a voice to vulnerable and marginalised people , giving access to crucial services , providing expertise in policy-making , promoting active citizenship and acting as schools of democracy and indispensable watchdogs exercising democratic control over state institutions and ensuring accountability for public action;


### 1. notes with deep concern the overall shrinking of space for civil society in the eu , which represents a serious threat to democracy and fundamental rights and has worsened during the covid-19 crisis; ### 1. notes with deep concern the overall shrinking of space for civil society in the eu , which represents a serious threat to the rule of law , democracy , fundamental rights and other eu values; notes with concern that the situation has worsened considerably during the covid-19 crisis;


### 2. emphasises that for civil society organisations to thrive , civic space must be an enabling and safe environment free from undue interference , intimidation , harassment and chilling effects; ### 2. emphasises that for civil society organisations to thrive , civic space must be an enabling and safe environment free from undue interference , intimidation , harassment and chilling effects , such as slapps , incitement to hatred and/or violence against rights defenders and organisations , and the creation of legal or administrative hurdles affecting their daily operations;


### 2. emphasises that for civil society organisations to thrive , civic space must be an enabling and safe environment free from undue interference , intimidation , harassment and chilling effects; ### 2. emphasises that for civil society organisations to thrive , civic space must be an enabling and safe environment free from undue interference , intimidation , harassment and chilling effects; stresses the importance of media pluralism which is crucial for csos to be able to reach public opinion and therefore contribute to public debate;


### 3. warns about the degradation of civic space throughout the eu with policies hampering csos’ operations , their access to sustainable funding and their ability to participate in decision-making; condemns any form of harassment , smearing , stigmatisation , criminalisation and scapegoating of csos; ### 3. warns about the degradation of civic space throughout the eu with policies hampering csos’ operations , their access to sustainable funding and their ability to participate in decision-making; condemns any form of harassment , smearing , stigmatisation , criminalisation and scapegoating of csos; stresses how these jeopardize active citizenship , the expression of critical voices , thereby undermining public debate and hence the very foundations of democracy;


### 3. condemns all attempts by member states to control civil society actors and discriminate between them on a political basis , including by over-regulating the sector; ### 3. condemns all attempts by member states to control civil society actors and discriminate between them on a political basis or due to foreign funding , including by over-regulating the sector , supporting government-organised non-governmental organisations (gongos) and adopting of other measures instilling a chilling effect on civic space;


### 4. agrees with the commission that when civil society’s space to operate shrinks , it is a sign that the rule of law is at risk; urges the commission , therefore , to step up and structure its monitoring of the situation of civic space in the member states by creating a ‘european civic space index’ based on existing frameworks for measuring civic space , and by dedicating to civic space a fully-fledged chapter including country recommendations in its annual rule of law report; ### 4. agrees with the commission that when civil society’s space to operate shrinks , it is a sign that the rule of law is at risk; urges the commission , therefore , to step up and structure its monitoring of the situation of civic space in the member states by creating a ‘european civic space index’ based on existing frameworks for measuring civic space , and by dedicating to civic space a fully-fledged chapter including country recommendations in its annual rule of law report; urges the commission to make systematic use of the reports of the eu agency for fundamental rights and to call on its support for methodological advice;


### 4. strongly condemns , in particular , the adoption by hungarian and polish authorities of acts that restrict the access of non-governmental organisations to funding and that target lgbtiq+ persons and activists; ### 4. strongly condemns the adoption by several member states , in particular , by hungarian , slovenian and polish authorities of acts that restrict the access of non-governmental organisations to funding and that target especially activists working to protect the rights of women , lgbtiq+ , minorities , migrants and refugees;


### 6. urges the commission , therefore , to adopt a comprehensive civil society strategy that integrates all existing tools , fills monitoring , support and protection gaps , and gives genuine political recognition to the crucial role played by csos in the realisation of eu values and policies; ### 6. urges the commission , therefore , to adopt a comprehensive civil society strategy that integrates all existing tools , fills monitoring , support and protection gaps , and gives genuine political recognition to the crucial role played by csos in the realisation of eu values and policies , while clearly linking monitoring and reporting tools to enforcement mechanisms to ensure timely and effective follow-up action; and asserting the european union’s unwavering commitment to protect and nurture the space in which they operate;


### 6. condemns the severe restrictions imposed by member states on the right to protest , the disproportionate use of violence by public authorities , and the arbitrary arrests of protesters; ### 6. condemns the severe restrictions imposed by member states on the right of free speech , freedom of assembly and the right to protest , the disproportionate use of violence by public authorities , and the arbitrary arrests of protesters;


### 7. stresses that the ability of csos to act depends on the existence of an enabling legal and political environment , in particular on the exercise of freedom of association , peaceful assembly and expression; urges member states to guarantee the exercise of these rights in conformity with international standards; ### 7. stresses that the ability of csos to act depends on the existence of an enabling legal and political environment , in particular on the exercise of freedom of association , peaceful assembly and expression and the right to public participation; urges member states to guarantee the exercise of these rights in conformity with international standards and to avail themselves of the possibility to request opinions on planned legislation from the venice commission;


### 7. underlines that civil society actors are increasingly subjected to targeted violence , whether by police forces or private parties; ### 7. underlines that civil society actors are increasingly subjected to undue interference , stigmatisation and harassment whether by public authorities or private parties;


### 8. considers that the contribution of csos to the single market and the social economy , as well as their role in the realisation of eu values and policies , is a strong argument for removing the barriers to their operations at eu level; calls on the commission , therefore , to propose legislation to approximate member state laws in this regard; ### 8. considers that the contribution of csos to the single market and the social economy , as well as their role in the realisation of eu values and policies , is a strong argument for removing the barriers to their operations at eu level; calls on the commission , therefore , to propose legislation to approximate member state laws in this regard; stresses that such legislation would not only provide minimum protection to csos but also create a level-playing field allowing them to harness the full potential of the single market;


### 9. calls on the commission to include a systematic civic space check in its impact assessments in order to prevent planned legislation from having negative effects on civic space; ### 9. calls on the commission to include a systematic civic space check in its impact assessments in order to prevent planned legislation from having negative effects on civic space and when risks are identified , to introduce necessary safeguards and draft guidelines for member states’ implementation in cooperation with civil society; calls on the commission to equally review existing eu law; calls on member states to adopt similar measures at national level;


### 10. calls on the member states to limit peaceful assemblies only if strictly necessary and in a proportionate way; condemns any unnecessary use of force against protesters , as well as their criminalisation and surveillance; calls on the commission to issue guidelines for the protection of freedom of peaceful assembly; ### 10. calls on the member states to limit peaceful assemblies only if strictly necessary and in a proportionate way; warns against the broadening in some member states of law enforcement authorities’ powers in policing assemblies; condemns any unnecessary use of force against protesters , as well as their criminalisation , prosecution and surveillance; calls on the commission to issue guidelines for the protection of freedom of peaceful assembly both in times of health emergency and in normal times;


### 12. condemns any threats and attacks perpetrated on csos by state actors; equally condemns all instances of attacks and threats perpetrated by non-state actors , including , but not limited to slapps; ### 12. condemns any threats and attacks perpetrated on csos by state actors; equally condemns all instances of attacks and threats perpetrated by non-state actors , including , but not limited to slapps; calls on the commission to put forward legislative measures to protect civil society actors from slapps;


### 12. condemns any threats and attacks perpetrated on csos by state actors; equally condemns all instances of attacks and threats perpetrated by non-state actors , including , but not limited to slapps; ### 12. condemns any threats and attacks perpetrated on csos by state actors including negative and stigmatizing rhetoric , scapegoating as well as legal , administrative and fiscal harassment; equally condemns all instances of attacks and threats perpetrated by non-state actors , including , but not limited to slapps;


### 13. urges member states to unequivocally condemn such acts , adopt preventive measures and systematically investigate any related allegations; ### 13. is concerned by the low levels of reporting of attacks and threats on csos at national level; urges member states to unequivocally condemn such acts , adopt preventive measures and systematically , thoroughly and impartially investigate any related allegations , invest in training programmes for authorities to better handle such cases; calls on the commission to accompany such processes by providing recommendations and facilitating the exchange of best practices;


### 14. calls for the setting up of an eu alert mechanism allowing csos and human rights defenders to register attacks and seek support; ### 14. calls for the setting up of an eu alert mechanism allowing csos and human rights defenders to register attacks and seek support; considers that such a mechanism will also help reporting at union level and contribute to better information of the european public in general;


### 15. urges the commission to propose a comprehensive set of measures and recommendations to ensure long-term financing for csos; stresses the importance of securing complementary sources of funding; emphasises that public funding should cover all types of civil society activities; ### 15. urges the commission to identify existing obstacles and propose a comprehensive set of measures and recommendations to ensure long-term financing for csos including the funding of their operational activities related to advocacy and monitoring; stresses the importance of securing complementary sources of funding including public institutions at all levels , private , philanthropic and individual donors , membership fees and income generated through economic activities; emphasises that public funding should cover all types of civil society activities including advocacy , litigation and watchdog activities , education and awareness-raising , service provision as well as capacity and coalition building;


### 16. is gravely concerned by the emergence of gongos and related discriminatory and often opaque public funding practices; warns against their detrimental effect on the perceived legitimacy of csos and hence on citizens’ willingness to engage in active citizenship; ### 16. is gravely concerned by the emergence of gongos and related discriminatory and often opaque public funding practices; warns against their detrimental effect on the perceived legitimacy of csos and hence on citizens’ willingness to engage in active citizenship; calls on member states to investigate and take action against groups instigating hate; emphasizes that they can distort public debate which can undermine the very fabric of democracy;


### 17. welcomes the adoption with an increased budget of the citizens , equality , rights and values programme; calls on the commission to actively consult csos in the definition of work programmes and funding mechanisms so as to ensure transparency , flexibility and user-friendliness; welcomes re-granting mechanisms in the union values strand; ### 17. welcomes the adoption with an increased budget of the citizens , equality , rights and values programme; calls on the commission to actively consult csos in the definition of work programmes and funding mechanisms so as to ensure transparency , flexibility and user-friendliness; welcomes re-granting mechanisms in the union values strand; emphasizes the importance of securing sufficient funding for watchdog , advocacy and litigation activities , as well as capacity building , as these boost csos’ contribution to safeguarding eu values and fundamental rights; calls on the commission to ensure that funding is earmarked to support csos in implementing the tasks and roles assigned to them in its various sectoral policies; calls for a specific emergency funding and practical support for civic actors and human rights defenders at risk;


### 18. urges the commission to ensure that eu funds are only awarded to organisations that are strictly independent from any government and fully adhere to eu values; ### 18. urges the commission to ensure that eu funds are only awarded to organisations that are strictly independent from any government and fully adhere to eu values; calls on the commission to check whether the national recovery plans meet the funding needs of csos; calls for the rule of law conditionality mechanism (regulation (eu) 2020/2092) to be applied with immediate effect;


### 18. urges the commission to ensure that eu funds are only awarded to organisations that are strictly independent from any government and fully adhere to eu values; ### 18. urges the commission to set out conditions and procedures to ensure that eu funds , whether in direct or shared management , are only awarded to organisations that are strictly independent from any government and fully adhere to eu values;


### 19. condemns attempts by certain member states to impose limitations on foreign funding and the related political narratives they have promulgated and measures they have taken with the aim of stigmatising csos; ### 19. condemns attempts by certain member states to impose limitations on foreign funding and the related political narratives they have promulgated and measures they have taken with the aim of stigmatising csos; recalls that the cjeu found that these violate free movement of capital and freedom of association; calls on the commission to keep initiating infringement procedures in this regard and systematically apply for interim measures;


### 20. calls for an eu-level definition of the concept of public benefit , as that would boost cross-border donations insofar as it would enable mutual recognition of public benefit status and equal treatment in terms of the related advantages; ### 20. calls on the commission to produce guidance on the principle of non-discrimination and free movement of capital applied to cross-border donations; calls for an eu-level definition of the concept of public benefit , as that would boost cross-border donations insofar as it would enable mutual recognition of public benefit status and equal treatment in terms of the related advantages; invites the commission to set up measures to remove obstacles to cross border philanthropy and ensure equal treatment of donations across borders inline with cjeu rulings;