### 4. notes the drawing up of a fundamental rights strategy and action plan; regrets that the obligation included in article 110(6) of regulation (eu) 2019/1896 to deploy at least 40 fundamental rights monitors has been met with significant delay; notes that the number of fundamental rights monitors now stands at 46; deeply deplores that despite the significant overall staff increase for the agency , the fundamental rights officer still lacks adequate human resources; urges the agency to provide its fundamental rights officer with adequate resources and staff; ### 4. notes the drawing up of a fundamental rights strategy and action plan; deeply regrets the significant delays in implementing the obligation included in article 110(6) of regulation (eu) 2019/1896 to deploy at least 40 fundamental rights monitors; highlights the personal role played by the former executive director of the agency in this delay , as well as his lack of cooperation with the fundamental rights officer , against obligations set by the ebcg regulation; welcomes that the number of fundamental rights monitors now stands at 46; highlights nevertheless that while 31 fundamental rights monitors (frm) are recruited at ad level , 15 remain recruited at ast level; calls on the agency and the commission to find a solution towards ensuring that all frms are recruited at ad level; calls for any further frm recruitments to be conducted at ad level only; deplores that despite the significant overall staff increase for the agency , the fundamental rights officer still lacks adequate human resources; urges the agency and the commission to provide the fundamental rights officer with adequate resources and staff;


### 5. takes the position that the management board should play a proactive role in identifying and preventing serious risk of fundamental rights violations; reiterates the importance to implement the standard operating procedures to withdraw the financing of , or suspend or terminate , or not launch frontex activities in cases where such risks arise; ### 5. takes the position that the management board should play a proactive role in identifying and preventing serious risk of fundamental rights violations; reiterates the importance to constantly review and control the activities of the management team , towards the timely identification and resolution of any mismanagement situations , as well as to implement the standard operating procedures , to withdraw the financing of , or suspend or terminate , or not launch frontex activities in cases where such risks arise , in accordance with the provisions of regulation (eu) 2019/1896;


### 6. expresses its utmost concerns with regard to allegations of push backs in the context of frontex operations in lithuania , latvia , croatia , bulgaria and greece; reiterates its call on the agency to suspend its operations supporting return-related operations from hungary as long as , and as concluded by the court of justice of the european union , the return decisions issued by the hungarian authorities are incompatible with directive 2008/115/ec and the charter of fundamental rights of the european union; ### 6. expresses its great concerns with regard to allegations of push backs in the context of frontex operations in lithuania , latvia , croatia , bulgaria and greece; recalls the conclusion of the court of justice of the european union , that return decisions issued by the hungarian authorities are incompatible with directive 2008/115/ec and the charter of fundamental rights of the european union; calls on the agency to refrain from participating in any operations that are incompatible with eu law; notes from the agency's reply that it performed verifications and concluded that it had never been involved in returns related to the hungarian legislation deemed incompatible with eu law by the cjeu (hu national act lxxxix of 2007 and act lviii of 2020 which); takes note that the agency requires hungary to confirm special disclaimers concerning procedural aspects when requesting frontex’ support , ensuring that all frontex does its utmost to ensure that all return procedures supported by the agency in hungary are fully compliant with the relevant eu legal framework on return and asylum; further notes that the agency increased monitoring activities in hungarian returns and strengthened consultation and cooperation with the fundamental rights officer on hungary;


### 7. reiterates its profound concerns about the findings of the olaf report of 15 february 2022 on investigations into frontex , and expresses its utter dismay in the behaviour and actions described in the findings and the lack of accountability; considers that the findings of the olaf report are a matter of public interest and should be made public without further delay; ### 7. reiterates its profound concerns about the findings of the olaf report of 15 february 2022 on investigations into frontex , and expresses its utter dismay in the behaviour and actions described in the findings and the lack of accountability; considers that the findings of the olaf report , that represent a matter of public interest , should be made public as soon as possible , while fully respecting regulation (eu , euratom) 2020/2223(5) and all legal requirements on the protection of sensitive data and of the rights of the persons concerned;


### 8. expresses its deep concerns in relation to media revelations that in the context of the expansion of a mass surveillance programme at europe’s external borders (pedra , or ‘processing of personal data for risk analysis’) , frontex and the european commission side-lined their own data protection oversight bodies and pursued an intrusive collection of personal data from migrants and refugees to feed into europol’s criminal databases; ### 8. notes with concern the media reports about misconduct in expansion of the processing of personal data for risk analysis programme (pedra) , leading to an intrusive collection of personal data from migrants and refugees; notes from the agency's reply that the project had been implemented between 2015 and 2017 , allowing the agency to develop capabilities required for processing personal data in accordance with article 11c of regulation 1168/2011; further takes note of the agency's position that it had been processing only operational personal data of suspects of cross- border crime and terrorism , having not started the processing of personal data of victims and witnesses; takes note of the management board decisions 56/2021 , 68/2021 and 69/2021 , upon the receipt of the edps opinions on the agency's data protection rules , leading to the agency's data protection officer to prepare an action plan for the implementation of the edps recommendations; calls on the agency to address this situation and ensure full compliance with eu data protection rules , regularly consulting the edps over and keeping the discharge authority informed about the status and progress of the reform;


### 9. notes that frontex’ structural problems regarding fundamental rights protection of asylum seekers and migrants , transparency , data protection , and alleged sexual harassment within the agency led the european parliament to refuse discharge of the agency’s 2020 budget; ### 9. notes that frontex’ structural problems regarding fundamental rights protection of asylum seekers and migrants , transparency , data protection , and alleged sexual harassment within the agency led the european parliament to refuse discharge of the agency’s 2020 budget; welcomes in this sense the various actions taken by the ad-interim management to improve its activities and standards; notes with satisfaction that these activities tackled budgetary and financial management issues such as the clarification of delegations and dub-delegations for payments authorising offices , greater respect for fundamental rights , through the recruitment of 46 fundamental rights monitors and the enhanced institutional cooperation between the ad-interim executive management and the fundamental rights officer , or the changes in the management culture through a visible shift towards decentralisation , delegation and improved dialogue in the decision-making process; calls on the agency to continue its commitment towards fully implementing these necessary reforms , also after the appointment of a non-interim executive director , and to report to the discharge authority about the progress achieved;


### 10. reiterates that the increased competences and budget of the agency need to be accompanied with a corresponding increase in accountability and transparency , as well as full respect for and protection of fundamental rights; stresses that the granting of discharge in respect of the implementation of the budget of the agency is conditional on such accountability and transparency , and fundamental rights compliance; ### 10. reiterates that the increased competences and budget of the agency need to be accompanied with a corresponding increase in accountability and transparency , as well as full respect for and protection of fundamental rights; welcomes in this regard the use by the agency of a transparency register and notes the prioritisation of efforts by both the management board and the executive management to further enhance integrity and accountability arrangements at the cross-agency level; notes with satisfaction in this regard the adoption of an internal audit capacity in september 2022; reiterates its dismay for the actions of the previous executive director with regards to accountability , transparency and respect for fundamental rights and welcomes the expressed commitment of the ad-interim executive management to fully address these issues; stresses that the granting of discharge in respect of the implementation of the budget of the agency is conditional on such accountability and transparency , and fundamental rights compliance;


### 11. recommends the committee on budgetary control to postpone granting the discharge in respect of the implementation of the agency’s budget for the financial year 2021 , until the structural shortcomings related to respect by frontex of its fundamental rights obligations have been fully addressed. ### deleted


### 1. welcomes the fact that the court of auditors (‘the court’) declared the transactions underlying the annuals accounts of the european union agency of law enforcement training (cepol) for the financial year 2021 to be legal and regular in all material respects; recalls that cepol budget decreased in 2021 from eur 32 to 30 million (-6 ,25%) , while members of staff increased from 84 to 95 (+13 ,09%) within the same period; ### 1. welcomes the fact that the court of auditors (‘the court’) declared the transactions underlying the annuals accounts of the european union agency of law enforcement training (cepol) for the financial year 2021 to be legal and regular in all material respects; recalls that according to its statement of revenue and expenditure , cepol's budget decreased in 2021 to 30 million (-1 ,82% compared to 2020) , while members of staff increased from 84 to 95 (+13 ,09%) within the same period;


### 2. welcomes the fact that in 2021 cepol carried out 396 training activities , which saw the participation of 46 340 law enforcement officers , representing an increase of 17% compared to 2020; ### 2. welcomes the fact that in spite of the continuation of the pandemic situation in 2021 cepol effectively adapted by converting its activities to online learning and carried out 396 training activities , which saw the participation of 46 340 law enforcement officers , representing an increase of 17% compared to 2020; welcomes that in 2021 the cepol training activities focused on the key thematic areas of organised crime such as migrant smuggling , drugs trafficking , financial crime , environmental crime , trafficking in human beings or document crime , among others; notes with satisfaction the particular attention payed by cepol to the area of cybercrime; welcomes the collaboration with specialised cybercrime knowledge hubs such as ec3 , ecteg , ejtn and interpol towards addressing the main challenges in the area of cybercrime , such as child sexual abuse and exploitation , non-cash payment fraud , electronic evidence and artificial intelligence;


### 3. welcomes the creation of the expert group on fundamental rights with the aim to integrating a fundamental rights dimension in all cepol training and events; welcomes the signature of the working arrangement with the fundamental rights agency; ### 3. welcomes the creation of the expert group on fundamental rights with the aim to integrating a fundamental rights dimension in all cepol training and events; welcomes the signature of the working arrangement with the fundamental rights agency; further welcomes the expert group suggestion to add fundamental rights as a cross cutting issue to the trainings offered by cepol to member states and third countries;


### 5. notes that the court observed weaknesses in cepol’s internal control environment , in relation to the management of budgetary commitments; ### 5. notes that the court observed weaknesses in cepol’s internal control environment , in relation to the management of budgetary commitments; takes note that the corrective action to address this issue is ongoing and calls on cepol to report to the discharge authority about its progress in this matter;


### 6. regrets that there have been irregularities in payment of expenses related to organisation of cepol events in non-eu countries; notes that the weaknesses identified in relation to the cepol procurement procedure can compromise the principle of transparency and expose the agency to reputational and legal risks; ### 6. regrets that the court identified irregularities in payment of expenses related to organisation of cepol events in non-eu countries; takes note of cepol's reply that in order to ensure transparency the agency formalised the use of an exception note to reduce the use of a previous framework contract in project activities in third countries , thus covering only urgent business needs , ensuring business continuity until the signature of the new framework contract in january 2022; notes that any weaknesses identified in relation to the cepol procurement procedure may compromise the principle of transparency and expose the agency to reputational and legal risks;


### 1. welcomes the fact that the court of auditors (the ‘court’) has declared the transactions underlying the annual accounts of the european union agency for criminal justice cooperation (eurojust) for the financial year 2021 to be legal and regular in all material respects; notes that its budget in 2021 increased from eur 51 million to eur 57 million (+11.76%) while its staff increased from 242 to 254 (+4.95%); ### 1. welcomes the fact that the court of auditors (the ‘court’) has declared the transactions underlying the annual accounts of the european union agency for criminal justice cooperation (eurojust) for the financial year 2021 to be legal and regular in all material respects; notes that , according to its statement of revenue and expenditure , its budget in 2021 increased to eur 53.3 million , representing an increase of 27.81% compared to 2020 , while its staff increased from 242 to 254 (+4.95%);


### 2. notes that eurojust is among the eu agencies for which the court reported contracts affected by public procurement shortcomings; notes , in particular , that a procurement procedure for leasing of vehicles was irregular and that all subsequent payments made based on this framework contract were irregular; notes that with regard to the court’ ongoing observation from 2020 on the legality and regularity of transactions , the status of corrective action is reportedly ongoing; ### 2. notes that eurojust is among the eu agencies for which the court reported contracts affected by public procurement shortcomings; notes , in particular , that a procurement procedure for leasing of vehicles was irregular and that all subsequent payments made based on this framework contract were irregular; notes that with regard to the court’ ongoing observation from 2020 on the legality and regularity of transactions , the status of corrective action is reportedly ongoing; underlines that such situations may cause reputational damage to eurojust; calls on eurojust to report to the discharge authority about the progress of the corrective actions undertaken;


### 4. welcomes the working arrangement with european public prosecutor’s office (eppo) signed in february 2021 and the close cooperation with the european anti-fraud office (olaf) , european union agency for law enforcement cooperation (europol) , and the european data protection supervisor (edps); ### 4. welcomes the working arrangement with european public prosecutor’s office (eppo) signed in february 2021 and the close cooperation with the european anti-fraud office (olaf) , european union agency for law enforcement cooperation (europol) , and the european data protection supervisor (edps); welcomes that eurojust continued to cooperate with the european judicial network (ejn) , bringing the number of cases referred to the ejn to 44 in 2021;


### a. whereas the union’s security policy must be grounded in the values upon which the eu was founded and which are enshrined in article 2 of the teu , including the principles of democracy and the rule of law , and the charter of fundamental rights; ### a. whereas the union’s security policy must be grounded in the values upon which the eu was founded and which are enshrined in article 2 of the teu , including the principles of democracy and the rule of law , and the charter of fundamental rights; whereas security is a fundamental right;


### — having regard to articles 1 , 2 , 3 , 4 , and 18 of the charter of fundamental rights of the european union , ### — having regard to articles 1 , 2 , 3 , 4 , 18 , 19 and 47 of the charter of fundamental rights of the european union ,


### — having regard to articles 2 , 3 , 5 and 8 of the european convention for the protection of human rights and fundamental freedoms (echr) , ### — having regard to articles 2 , 3 , 5 , 8 and 13 of the european convention for the protection of human rights and fundamental freedoms (echr) ,


### a. whereas 2.5 million people applied for asylum in the european union in the period 2015-2016 , a fourfold increase compared to 2012-2013; ### a. whereas 1 ,393 ,920 asylum seekers applied for international protection in the eu+ in 2015 and 1 ,292 ,740 in 2016 , a fourfold increase compared to 2012 (373 ,375) and 2013 (464 ,515); whereas the number of applications for international protection in the eu+ is rising again in 2018 (665 ,920) and 2019 (738 ,425); whereas about 17 ,700 unaccompanied minors lodged an application for international protection in 2019; whereas 86% of them were boys and 90% between 14-18 years;


### b. whereas one-third of the member states currently play host to 90% of asylum seekers; ### b. whereas one-third of the member states hosted 90% of asylum seekers between 2008-17;


### 1. considers that the dublin system places a significant burden on a minority of member states , in particular when influxes of migrants occur; takes the view that the eu therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among member states , including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum; ### 1. considers that the dublin system places a significant burden on a minority of member states , in particular when influxes of migrants occur; considers that the first-entry criterion in dublin put an unprecedented and disproportionate burden on frontline countries in 2015-16 in terms of registration and reception of asylum seekers; stresses that the introduction of hotspots and a temporary relocation programme as proposed by the commission in 2015 was intended to rebalance the management of asylum-seekers when entering the eu territory , as a pragmatic approach compared to the strict application of dublin regulation principles; takes the view that the eu therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among member states in accordance with article 80 tfeu , including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum;


### 3. notes that the crisis management tool provided for in article 33 did not provide effective support to the member states , nor did it offer a response to the consequences of the covid-19 crisis; considers that a solidarity-based crisis management mechanism , endowed with a financial instrument managed by the commission , should be established to ensure continuity of the right of asylum in the eu under the best possible conditions; ### 3. notes that the crisis management tool provided for in article 33 did not provide effective support to the member states , nor did it offer a response to the consequences of the covid-19 crisis; notes that article 33 has actually never been applied , not even during the migration crisis in 2015-16; considers that a solidarity-based crisis management mechanism , endowed with a financial instrument managed by the commission , should be established to ensure continuity of the right of asylum in the eu under the best possible conditions;


### 4. calls on the member states to make use of the discretionary clause in article 17 when exceptional circumstances so warrant , for example to relocate asylum seekers currently living in the greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions; ### 4. underlines that the discretionary clause of article 17 which grants discretion to a member state to undertake responsibility for an asylum application is used with parsimony and only by few member states; notes that germany , netherlands and france accounted for the majority of cases in 2018; calls on the member states to make use of the discretionary clause in article 17 when exceptional circumstances so warrant , for example to relocate asylum seekers currently living in the greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions;


### 5. urges the introduction , in accordance with international law , of fast-track dublin procedures at the main points of irregular arrival in the eu , in european reception centres , in order to process asylum applications swiftly , assess their merits , determine the member state responsible and , where appropriate , return asylum seekers without an unnecessarily prolonged detention period; ### 5. urges the introduction , in accordance with international law , of fast-track dublin procedures at the main points of irregular arrival in the eu , in european reception centres , in order to process asylum applications swiftly , assess their merits , determine the member state responsible and , where appropriate , return asylum seekers without an unnecessarily prolonged detention period; stresses that children shall not be detained for immigration purposes in line with the new york declaration for refugees and migrant of 19 september 2016 and calls on the eu member states to work out alternatives to detention , such as community-based placements for children;


### 6. highlights the significant operational backing for dublin procedures provided by the european asylum support office (easo) in the hotspots; calls on the commission and the member states to facilitate the work of easo staff by allowing interviews in a language other than that of the country in which they are conducted; calls for the establishment of a european asylum agency , with sufficient financial and human resources; ### 6. highlights the significant operational backing for dublin procedures provided by the european asylum support office (easo) in the hotspots; calls on the commission and the member states to facilitate the work of easo staff by allowing interviews in a language that the applicant understands; calls for the establishment of a european asylum agency , with sufficient financial and human resources;


### 7. points out that the protection of fundamental rights must be at the heart of the measures taken to implement the dublin iii regulation , including the protection of children , victims of trafficking and the most vulnerable; ### 7. points out that the protection of fundamental rights must be at the heart of the measures taken to implement the dublin iii regulation , including the protection of children , victims of trafficking and the most vulnerable;


### 7. points out that the protection of fundamental rights must be at the heart of the measures taken to implement the dublin iii regulation , including the protection of children , victims of trafficking and the most vulnerable; ### 7. points out that the protection of fundamental rights must be at the heart of the measures taken to implement the dublin iii regulation , including the protection of children , victims of trafficking and the most vulnerable , such as lgbti persons;


### 8. calls on the commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; calls on the member states and the commission to protect the best interests of children and to clarify the criteria for keeping children in detention; ### 8. points out numerous and systematic deficiencies as regards compliance with the hierarchy of criteria; stresses that family unity is far from being the most frequent criterion applied , whereas it is at the top of the hierarchy according to chapter iii of the regulation; notes for instance that the family unit criterion was invoked in 5% of “take charge” requests in france (out of 12 000) and in 3.7% in germany (out of 17 500) , and in even lower figures in belgium , sweden , switzerland; underlines on the contrary that greece issued 79.3% of its “take charge” request on the basis of the family unity criterion in 2018; also stresses that applications for family reunification are less frequently accepted (48% of cases) , compared to the average rate of acceptance for all procedures (67.6%); calls on the commission to monitor compliance with the hierarchy of criteria more closely;


### 8. calls on the commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; calls on the member states and the commission to protect the best interests of children and to clarify the criteria for keeping children in detention; ### 8. calls on the commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; calls on the member states and the commission to use the best interests of the child as a primary consideration in all decisions concerning children;


### 9. stresses that the number of transfer procedures has increased significantly , generating considerable human , material and financial costs; deplores , however , the fact that in only 11% of cases are transfers actually carried out , a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between member states; regards efforts to combat secondary movements as essential in order to reduce the number of transfer requests; proposes that the conditions which trigger transfer procedures be clarified and harmonised; ### 9. stresses that the number of transfer procedures has increased significantly in 2016-17 , generating considerable human , material and financial costs; underlines that between 2016 and 2019 , germany and france issued by far the most requests (68% of the total for the two countries alone) , while spain , estonia , lithuania , latvia , slovakia , bulgaria , poland and czech republic issued few dublin requests; stresses that spain issued almost no dublin requests , despite a large and growing number of asylum applications; deplores , however , the fact that in only 11% of cases are transfers actually carried out , a further factor in the permanent overloading of asylum systems; underlines that there are significant differences between countries , with 54.6% of transfers carried out from greece , 42.2% from sweden , 11.2% from germany , 6.7% from france , and 1.6% from italy between 2016 and 2019 , while noting significant information gap for a number of countries;


### 11. considers that providing asylum seekers with legal assistance in connection with dublin procedures , in particular in the hotspots , would simplify the process of obtaining asylum and improve decision-making; calls on the member states to improve the information made available to asylum seekers on the complex dublin procedures , to ensure that it is clear and accessible to everyone; ### 11. considers that providing asylum seekers with legal assistance in connection with dublin procedures , in particular in the hotspots , would simplify the process of obtaining asylum and improve decision-making;


### 14. takes the view that closer cooperation between national asylum authorities is needed , in order to share information and streamline transfers; proposes that easo be given the task of drawing up enhanced governance arrangements for the application of the dublin iii regulation , including a monthly operational dialogue between national authorities , and a platform for the exchange and sharing of information and best practices; ### 14. stresses that the commission's network of member states’ dublin units met only once or twice a year and did not have an operational role; notes however that the easo dublin units network has been more active and that easo has carried-out a number of useful missions in support to member states for implementing the dublin regulation , such as the production of guidance documents and analysis , or the deployment of agents; takes the view that closer cooperation between national asylum authorities is needed , in order to share information and streamline transfers; proposes that easo be given the task of drawing up enhanced governance arrangements for the application of the dublin iii regulation , including a monthly operational dialogue between national authorities , and a platform for the exchange and sharing of information and best practices;


### 17. urges the commission and the council to work towards convergence in the bilateral agreements concluded between member states and with third countries , in order to optimise implementation of the dublin iii regulation; ### 17. notes that bilateral agreements have been concluded between member states to improve the efficiency of dublin procedures or ensure the transfer of asylum seekers; urges the commission and the council to work towards convergence in the bilateral agreements concluded between member states and with third countries , in order to optimise implementation of the dublin iii regulation;


### (4) sexual abuse and sexual exploitation of children constitute serious violations of human rights , in particular of the rights of children to be protected from all forms of violence , abuse and neglect , maltreatment or exploitation , including sexual abuse , as provided for by the 1989 united nations convention on the rights of the child and by the charter. digitisation has brought about many benefits for society and the economy , but also challenges including an increase of child sexual abuse online. the protection of children online is one of the union's priorities. on 24 july 2020 , the commission adopted an eu strategy for a more effective fight against child sexual abuse9 (“the strategy”) , which aims to provide an effective response , at union level , to the crime of child sexual abuse. ### (4) sexual abuse and sexual exploitation of children constitute serious violations of human rights , in particular of the rights of children to be protected from all forms of violence , abuse and neglect , maltreatment or exploitation , including sexual abuse , as provided for by the 1989 united nations convention on the rights of the child and by the charter. in addition , the istanbul convention recognises that girls are often exposed to serious forms of gender-based violence including cyberviolence. digitisation has brought about many benefits for society and the economy , but also challenges , notably increased child sexual abuse ans child sexual exploitation online , which has been exacerbated during the covid-19 pandemic , resulting from broader access to potential victims and a sharp rise in the exchange of child sexual abuse material between child sexual offenders. there is also a growing number of cases of grooming during the covid-19 pandemic , including an increase of self-generated content. moreover , the increased misuse of privacy-enhancing technologies by offenders to disguise their horrendous actions has made it more difficult for law-enforcement authorities to prevent , detect , investigate and prosecute child sexual exploitation online. according to europol , the proliferation of anonymisation tools and the higher amount of child sexual abuse material may also lead to a higher risk of repeat victimisation8a. the protection of children online is one of the union's priorities as they are the most vulnerable in our society and not able to defend themselves.


### (5) certain providers of number-independent interpersonal communications services , such as webmail and messaging services , are already using specific technologies to detect and report child sexual abuse online to law enforcement authorities and to organisations acting in the public interest against child sexual abuse , or to remove child sexual abuse material , on a voluntary basis. those organisations refer to national hotlines for reporting child sexual abuse material , as well as to organisations whose purpose is to reduce child sexual exploitation , and prevent child victimisation , located both within the union and in third countries. collectively , those voluntary activities play a valuable role in enabling the identification and rescue of victims , and reducing the further dissemination of child sexual abuse material , while also contributing to the identification and investigation of offenders , and the prevention of child sexual abuse offences. ### (5) number-independent communication services have a major role to play in detecting cases of child sexual abuse online and in removing at source child sexual abuse material from their networks to avoid further victimisation as every new visualisation of the material is harmful for the victim. underaged children must have access to safe , accessible and age appropriate channels to report the abuse without fear , in particular when the abuser is in the inner circle of the victim. certain providers of number-independent interpersonal communications services , such as webmail and messaging services , are already using specific technologies to detect and report child sexual abuse online to law enforcement authorities and to organisations acting in the public interest against child sexual abuse and child exploitation , or to detect , remove and report child sexual abuse material in their services , on a voluntary basis. to enable the identification of the child victims and to properly identify detection errors by the providers , all the instances of possible child sexual abuse online should be reported to law enforcement authorities and to organisations acting in the public interest against child sexual abuse. those organisations refer to national hotlines for reporting child sexual abuse material , as well as to organisations whose purpose is to reduce child sexual exploitation , and prevent child victimisation , located both within the union and in third countries. collectively , those voluntary activities play a valuable role in enabling the identification and rescue of victims , and reducing the further dissemination of child sexual abuse ans child sexual exploitation material , while also contributing to the identification and investigation of offenders , and the prevention of child sexual abuse and child sexual exploitation offences.


### (6) until 20 december 2020 , the processing of personal data by providers of number-independent interpersonal communications services by means of voluntary measures for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material is governed by regulation (eu) 2016/679. ### (6) until 20 december 2020 , the processing of personal data by providers of number-independent interpersonal communications services by means of voluntary measures for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse and child sexual exploitation material is governed by regulation (eu) 2016/679.


### (7) directive 2002/58/ec does not contain any specific provisions concerning the processing of personal and other data in connection with the provision of electronic communication services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material. however , pursuant to article 15(1) of directive 2002/58/ec , member states may adopt legislative measures to restrict the scope of the rights and obligations provided for in , inter alia , articles 5 and 6 of that directive , which concern confidentiality of communications and traffic data , for the purpose of prevention , investigation , detection and prosecution of criminal offences linked to child sexual abuse. in the absence of such legislative measures , and pending the adoption of a new longer-term legal framework to tackle child sexual abuse effectively at union level as announced in the strategy , there would be no legal basis for providers of number-independent interpersonal communications services to continue to detect and report child sexual abuse online and remove child sexual abuse material in their services beyond 21 december 2020. ### (7) directive 2002/58/ec does not contain any specific provisions concerning the processing of personal and other data in connection with the provision of electronic communication services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material. however , pursuant to article 15(1) of directive 2002/58/ec , member states may adopt legislative measures to restrict the scope of the rights and obligations provided for in , inter alia , articles 5 and 6 of that directive , which concern confidentiality of communications and traffic data , for the purpose of prevention , investigation , detection and prosecution of criminal offences linked to child sexual abuse. in the absence of such national legislative measures , and pending the adoption of a new longer-term legal framework to tackle child sexual abuse effectively at union level as announced in the strategy , there would be no legal basis for providers of number-independent interpersonal communications services to continue to detect and report child sexual abuse online and to detect , remove and report child sexual abuse material in their services beyond 21 december 2020.


### (8) this regulation therefore provides for a temporary derogation from article 5(1) and article 6 of directive 2002/58/ec , which protect the confidentiality of communications and traffic data. since directive 2002/58/ec was adopted on the basis of article 114 of the treaty on the functioning of the european union , it is appropriate to adopt this regulation on the same legal basis. moreover , not all member states have adopted legislative measures at national level to restrict the scope of the rights and obligations provided for in those provisions in accordance with article 15(1) of directive 2002/58/ec , and the adoption of such measures involves a significant risk of fragmentation likely to negatively affect the internal market. ### (8) this regulation therefore provides for a temporary derogation from article 5(1) and article 6 of directive 2002/58/ec , which protect the confidentiality of communications and traffic data. voluntary measures by providers offering number-independent interpersonal communications services in the union applied for the sole purpose of detecting and reporting child sexual abuse online and detecting , removing and reporting child sexual abuse material therefore become subject to the safeguards and conditions set out in this regulation. since directive 2002/58/ec was adopted on the basis of article 114 of the treaty on the functioning of the european union , it is appropriate to adopt this regulation on the same legal basis. moreover , not all member states have adopted legislative measures at national level to restrict the scope of the rights and obligations provided for in those provisions in accordance with article 15(1) of directive 2002/58/ec , and the adoption of such measures involves a significant risk of fragmentation likely to negatively affect the internal market and the protection of fundamental rights , notably the rights of children who fall victim to child sexual abuse online across the union.


### (11) since the sole objective of this regulation is to enable the continuation of certain existing activities aimed at combating child sexual abuse online , the derogation provided for by this regulation should be limited to well-established technology that is regularly used by number-independent interpersonal communications services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material before the entry into force of this regulation. the reference to the technology includes where necessary any human review directly relating to the use of the technology and overseeing it. the use of the technology in question should therefore be common in the industry , without it necessarily being required that all providers use the technology and without precluding the further evolution of the technology in a privacy-friendly manner. in this respect , it should be immaterial whether or not a particular provider that seeks to rely on this derogation itself already uses such technology on the date of entry into force of this regulation. the types of technologies deployed should be the least privacy-intrusive in accordance with the state of the art in the industry and should not include systematic filtering and scanning of communications containing text but only look into specific communications in case of concrete elements of suspicion of child sexual abuse. ### (11) since the sole objective of this regulation is to enable the continuation of certain existing activities aimed at combating child sexual abuse online , the derogation provided for by this regulation should be limited to well-established technology that is regularly used by number-independent interpersonal communications services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material before the entry into force of this regulation. the reference to the technology includes where necessary any human review directly relating to the use of the technology and overseeing it. the use of the technology in question should therefore be common in the industry , without it necessarily being required that all providers use the technology and without precluding the further evolution of the technology in a privacy-friendly manner. in this respect , it should be immaterial whether or not a particular provider that seeks to rely on this derogation itself already uses such technology on the date of entry into force of this regulation. the types of technologies deployed should be the least privacy-intrusive in accordance with the state of the art in the industry. the technologies deployed must not be able to understand the content of the communications but solely be able to detect patterns of possible child sexual abuse.


### (11) since the sole objective of this regulation is to enable the continuation of certain existing activities aimed at combating child sexual abuse online , the derogation provided for by this regulation should be limited to well-established technology that is regularly used by number-independent interpersonal communications services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material before the entry into force of this regulation. the reference to the technology includes where necessary any human review directly relating to the use of the technology and overseeing it. the use of the technology in question should therefore be common in the industry , without it necessarily being required that all providers use the technology and without precluding the further evolution of the technology in a privacy-friendly manner. in this respect , it should be immaterial whether or not a particular provider that seeks to rely on this derogation itself already uses such technology on the date of entry into force of this regulation. the types of technologies deployed should be the least privacy-intrusive in accordance with the state of the art in the industry and should not include systematic filtering and scanning of communications containing text but only look into specific communications in case of concrete elements of suspicion of child sexual abuse. ### (11) since the sole objective of this regulation is to enable the continuation of certain existing activities aimed at combating child sexual abuse online , the derogation provided for by this regulation should be limited to well-established technology that is regularly used by number-independent interpersonal communications services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material. the reference to the technology includes where necessary any human review directly relating to the use of the technology and overseeing it. the use of the technology in question should therefore be common in the industry , without it necessarily being required that all providers use the technology and without precluding the further evolution of the technology in a privacy-friendly manner. in this respect , it should be immaterial whether or not a particular provider that seeks to rely on this derogation itself already uses such technology on the date of entry into force of this regulation. the types of technologies deployed should be the least privacy-intrusive in accordance with the state of the art in the industry and should not include systematic filtering and scanning of communications containing text but only look into specific communications in case of concrete elements of suspicion of child sexual abuse.


### (14) in order to ensure transparency and accountability in respect of the activities undertaken pursuant to the derogation , the providers should publish reports on an annual basis on the processing falling within the scope of this regulation , including on the type and volumes of data processed , number of cases identified , measures applied to select and improve key indicators , the numbers and ratios of errors (false positives) of the different technologies deployed , measures applied to limit the error rate and the error rate achieved , the retention policy and the data protection safeguards applied. ### (14) in order to ensure transparency and accountability in respect of the activities undertaken pursuant to the derogation , the providers should publish reports on an annual basis on the processing falling within the scope of this regulation , including on the type and volumes of data processed , number of cases of child sexual abuse identified with gender-disaggregated data , when possible , measures applied to select and improve key indicators , the numbers and ratios of errors (false positives) of the different technologies deployed , measures applied to limit the error rate and the error rate achieved , the retention policy and the data protection safeguards applied.


### this regulation lays down temporary and strictly limited rules derogating from certain obligations laid down in directive 2002/58/ec , with the sole objective of enabling providers of number-independent interpersonal communications services to continue the use of technologies for the processing of personal and other data to the extent necessary to detect and report child sexual abuse online and remove child sexual abuse material on their services. ### this regulation lays down temporary and strictly limited rules derogating from certain obligations laid down in directive 2002/58/ec , with the sole objective of enabling providers of number-independent interpersonal communications services to use technologies for the processing of personal data to the extent necessary and proportionate to detect and report child sexual abuse online and detect , report and remove child sexual abuse material on their services.


### material constituting child pornography as defined in article 2 , point (c) , of directive 2011/93/eu of the european parliament and of the council; ### deleted


### solicitation of children for the purpose of engaging in sexual activities with a child or of producing child pornography by any of the following: ### deleted


### ‘pornographic performance’ as defined in article 2(e) of directive 2011/93/eu. ### ‘pornographic performance’ as defined in article 2(e) of directive 2011/93/eu , including revenge porn.


### the specific obligations set out in article 5(1) and article 6 of directive 2002/58/ec shall not apply to the processing of personal and other data in connection with the provision of number-independent interpersonal communications services strictly necessary for the use of technology for the sole purpose of removing child sexual abuse material and detecting or reporting child sexual abuse online to law enforcement authorities and to organisations acting in the public interest against child sexual abuse , provided that: ### the specific obligations set out in article 5(1) and article 6 of directive 2002/58/ec shall not apply to the processing of personal data in connection with the provision of number-independent interpersonal communications services strictly necessary for the use of technology for the sole purpose of detecting and removing child sexual abuse material and detecting child sexual abuse online or reporting both to law enforcement authorities and to organisations acting in the public interest against child sexual abuse , provided that:


### the processing is proportionate and limited to well-established technologies regularly used by providers of number-independent interpersonal communications services for that purpose before the entry into force of this regulation , and that are in accordance with the state of the art used in the industry and are the least privacy-intrusive; ### the processing is proportionate and limited to well-established technologies regularly used by providers of number-independent interpersonal communications services for that purpose , and that are in accordance with the state of the art used in the industry and are the least privacy-intrusive;


### the processing is limited to what is strictly necessary for the purpose of detection and reporting of child sexual abuse online and removal of child sexual abuse material and , unless child sexual abuse online has been detected and confirmed as such , is erased immediately; ### the processing is limited to what is strictly necessary for the purpose of detection and reporting of child sexual abuse online and detection , reporting and removal of child sexual abuse material and. where no child sexual abuse online has been detected and confirmed as such , the relevant data shall be retained solely for the following purpose and only for the time period necessary:


### the provider annually publishes a report on its related processing , including on the type and volumes of data processed , number of cases identified , measures applied to select and improve key indicators , numbers and ratios of errors (false positives) of the different technologies deployed , measures applied to limit the error rate and the error rate achieved , the retention policy and the data protection safeguards applied. ### the provider annually publishes a report on its related processing , including on the type and volumes of data processed , number of cases of child sexual abuse and child sexual abuse material identified , reported and removed , showing gender disaggregated data , when possible , measures applied to select and improve key indicators , numbers and ratios of errors (false positives) of the different technologies deployed , measures applied to limit the error rate and the error rate achieved , the retention policy and the data protection safeguards applied.


### as regards point (d) , where child sexual abuse online has been detected and confirmed as such , the relevant data may be retained solely for the following purposes and only for the time period necessary: ### deleted


### a. whereas eu law requires the observance of fundamental rights , including those of third-country nationals , in all the eu’s internal and external action; whereas the eu’s external migration policy has affected the rights of people moving at regional level in third countries , notably the right to leave the territory , to asylum , to integrity , to liberty and to security , the prohibition of ill-treatment , refoulement and collective expulsion , and procedural guarantees; ### a. whereas eu law requires the observance of fundamental rights , including those of third-country nationals , in all the eu’s internal and external action; whereas in migration policy , this includes notably the right to leave the territory , to asylum , to integrity , to liberty and to security , the prohibition of ill-treatment , refoulement and collective expulsion , and procedural guarantees;


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


### 1. calls on the commission to carry out a comprehensive evaluation of the human rights implications of the eu’s external migration policy , paying particular attention to the eu-turkey statement , cooperation with libya , the joint way forward with afghanistan , projects carried under the khartoum process and frontex cooperation; ### 1. calls on the commission to carry out a comprehensive evaluation of the human rights implications of the eu’s external migration policy , paying particular attention to the eu-turkey statement , cooperation with libya , the joint way forward with afghanistan , projects carried under the khartoum process and frontex border management cooperation agreements and action at sea; calls on the commission to identify areas of and tools for improvement based on the conclusions of this evaluation;


### 1. reaffirms that the right to migrate is a human right; calls on the commission to promote development and humanitarian policies that protect the human and social rights of all migrants , wherever eu action is deployed and irrespective of their legal status; ### 1. reaffirms that the right to migrate is a human right; calls on the commission to build up development and humanitarian policies that are based on , promote and protect fundamental and human rights including for all migrants;


### 2. deplores the lack of transparency of the eutf and the fact that parliament is not involved in its scrutiny; calls on the commission to comprehensively review the implementation of the eutf , including by involving human rights csos; ### 2. deplores the lack of transparency of the eutf ; calls on the commission to comprehensively review the implementation of the eutf , including by actively involving the european parliament as well as human rights csos;


### 2. recalls that eu development cooperation must have as its main objective the reduction and eradication of poverty and that it must be based on partner countries’ development agendas , following a needs and rights-based approach , and not on eu domestic interests; ### 2. recalls that eu development cooperation must focus on the needs of the most vulnerable , including when it comes to migrants and refugees and must have as its main objective the reduction and eradication of poverty and inequality , the empowerment of individuals and the promotion of rule of law through a rights-based approach;


### 3. condemns the increasing use by the eu and member states of informal arrangements with third countries such as statements , declarations , standard operating procedures and memoranda of understanding that aim to step up returns and prevent people from finding safety in europe; calls for the suspension of arrangements that are incompatible with the charter of fundamental rights , the eu treaties and international law; calls for full transparency over such arrangements and their implementation. ### 3. notes with concern the increasing use by the eu and member states of informal arrangements with third countries such as statements , declarations , standard operating procedures and memoranda of understanding on migration , mobility , return and readmission; warns that their non-binding nature does not allow for the same level of parliamentary scrutiny , judicial oversight and accountability as formal ones and therefore does cannot ensure compliance with and enforceability of fundamental rights; calls for existing and future arrangements to be formalised and institutionalised to guarantee their compatibility with the charter of fundamental rights , the eu treaties and international law , but also to increase parliamentary scrutiny , judicial oversight and accountability mechanisms ; calls for full transparency over such arrangements and their implementation.


### 3. condemns the increasing use by the eu and member states of informal arrangements with third countries such as statements , declarations , standard operating procedures and memoranda of understanding that aim to step up returns and prevent people from finding safety in europe; calls for the suspension of arrangements that are incompatible with the charter of fundamental rights , the eu treaties and international law; calls for full transparency over such arrangements and their implementation. ### 3. notes the increasing use by the eu and member states of informal arrangements with third countries such as statements , declarations , standard operating procedures and memoranda of understanding; calls for the inclusion of an enforceable and mandatory human rights clause and specific safeguards in these arrangements in order to make them compatible with the charter of fundamental rights , the eu treaties and international law; calls for full transparency over such arrangements and their implementation.


### 3. takes note of the eu’s new pact on migration and asylum; expresses its regret that the proposed measures are insufficient to ensure respect for migrants’ human rights and is especially worried about the externalisation of eu border management and migration control; ### 3. welcomes the eu’s new pact on migration and asylum; reiterates that respect for migrants’ human rights are and shall remain central to the eu's migration and asylum policy; insists that the eu conduct a humane and safe border control and migration management;


### 4. insists on the need for humanitarian corridors and safe and legal migration pathways from neighbouring and developing countries into the eu; ### 4. insists on the need for humanitarian corridors from neighbouring and developing countries into the eu; calls on the eu to tackle human trafficking networks;


### 5. reiterates that neither development assistance nor bilateral or multilateral partnerships with developing countries must be conditional on cooperation on migration policies; ### 5. stresses the need for coherence between development assistance and bilateral or multilateral partnerships established in developing countries and the eu’s migration policy , by using instruments , tools and levers to enhance the efforts of partner countries;


### 5. reiterates that neither development assistance nor bilateral or multilateral partnerships with developing countries must be conditional on cooperation on migration policies; ### 5. reiterates that eu development assistance in bilateral or multilateral partnerships with developing countries cannot be conditional on the successful cooperation on migration policies with the eu; insists that development aid is not tied to the external security policies of the eu;


### 6. expresses its deep concern about the possible misuse of development funds for border control purposes , including those of the eu emergency trust fund for africa (eutf) , and the suspected human rights violations linked to the eutf in libya , ethiopia and niger; ### 6. stresses the need to provide direct assistance to refugees and migrants near the homes they fled or moved from , notably through strengthening effectiveness of such instruments as the eu emergency trust fund for africa (eutf); expresses its deep concern about the misuse of development funds for actions that result in the violation of human rights in border management; deplores the alleged human rights violations linked to the eutf in libya , ethiopia and niger; reiterates the need for a thorough investigation into the alleged human rights abuses including those at eu borders; welcomes therein the introduction of a new independent monitoring mechanism in the commission's new pact on migration and asylum;


### 7. calls on the commission to ensure ex ante risk assessments , performed by independent agencies , on the impact of any formal , informal or financial eu cooperation with third countries on the rights of migrants and refugees; calls on the commission to set implementation guidelines for eu agencies and member states before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are experiencing ongoing or frozen conflicts and face increased risks of human rights violations; ### 7. calls on the commission to set implementation guidelines for eu agencies and member states before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are experiencing ongoing or frozen conflicts and face increased risks of human rights violations; calls on the commission to ensure that any eu cooperation with third countries is fully formalised to ensure agreements with third countries can be effectively monitored; highlights in that regard the need for full parliamentary scrutiny and democratic accountability;


### 7. deplores the lack of transparency of the eutf and the fact that parliament is not involved in its scrutiny; calls on the commission to comprehensively review the implementation of the eutf to ensure that it falls in line with development and humanitarian objectives; ### 7. deplores the lack of transparency of the eutf and the fact that parliament is not involved in its scrutiny; calls on the commission to comprehensively review the implementation of the eutf to ensure that it falls in line with the eu's development and humanitarian objectives;


### 9. calls on the eu to consider means to ensure access to justice for persons affected by measures implementing cooperation between it and third countries on migration , including through accessible mechanisms for seeking information , submitting complaints and securing effective remedy; ### 9. calls on the eu to consider means to ensure access to justice for persons affected by measures implementing cooperation between it and third countries on migration , including through setting up an independent and accessible complaints mechanism;


### 10. notes that the implementation and funding of the eu’s external migration policy is assigned to different commission directorates-general and mainstreamed across the eu’s migration , asylum , development and foreign policies without a designated lead institutional actor; notes with concern that this blending of executive responsibilities has created a lack of sufficient and coherent oversight of the commission’s activities that would enable parliament to exert democratic control over the eu’s external migration policy and exercise budgetary authority over development funds; urges the commission to designate a single lead institutional interlocutor at commissioner level on the external dimension of migration; ### 10. notes that the implementation and funding of the eu’s external migration policy is assigned to different commission directorates-general and mainstreamed across the eu’s migration , asylum , development and foreign policies without a designated lead institutional actor; notes with concern that this blending of executive responsibilities has created a lack of sufficient and coherent oversight of the commission’s activities that would enable parliament to exert democratic control over the eu’s external migration policy and exercise budgetary authority over development funds , trust funds , facilities and other funding instruments used to meet eu policy goals related to migration; urges the commission to designate a single lead institutional interlocutor at commissioner level on the external dimension of migration;


### 15. calls for the extension of the mandate of the fundamental rights agency to allow it to exercise an advisory role in the external dimension of eu asylum and migration policies and its involvement in monitoring exercises; ### 15. calls for the extension of the mandate , competencies and budget of the fundamental rights agency to allow it to effectively monitor the external dimension of eu asylum and migration policies; suggests to extend the mandate of the fra to allow it to alert the court of justice of the european union in case member states do not adhere to the charter of fundamental rights of the european union or the european convention on human rights and fundamental freedom;


### 16. notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management , including return and readmission; stresses , however , that according to article 208 tfeu the primary objective of union development cooperation policy shall be the reduction and , in the long term , the eradication of poverty; calls , therefore , on the commission to ensure that policies on development cooperation do not contravene the principles enshrined in article 208 tfeu; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries , the rights of refugees and migrants , and their potential impact on regional migration patterns and contribution to local economies , and thus also undermines a wide range of rights stemming from the sustainable development goals; ### 16. notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management , including return and readmission; stresses , however , that according to article 208 tfeu the primary objective of union development cooperation policy shall be the reduction and , in the long term , the eradication of poverty; calls , therefore , on the commission to ensure that policies on development cooperation do not contravene the principles enshrined in article 208 tfeu; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries , the rights of refugees and migrants , and their potential impact on regional migration patterns and contribution to local economies , and thus also undermines a wide range of rights stemming from the sustainable development goals; stresses that there should be a clear demarcation between the eu‘s internal and external migration policies , instruments and funds;


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


### 19. notes that the possibilities of mainstreaming migration policy in eu external policy are significantly broadened by the inclusion of migration in the thematic , geographical and rapid response component of the proposed neighbourhood , development , international cooperation instrument (ndici); notes with concern , however , that through the ‘rapid response’ component , cooperation with third countries on migration management can be funded without the need for the commission to publish any programming documents or consult civil society actors , and without the involvement of parliament , including in the framework of the ‘migration preparedness and crisis blueprint’ , which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021-2027 multiannual financial framework is accompanied by a robust human rights framework for the identification , implementation and monitoring of future migration cooperation programmes; ### 19. notes that the possibilities of mainstreaming migration policy in eu external policy are increased via the broad inclusion of migration-related actions in the new neighbourhood , development , international cooperation instrument (ndici); stresses that migration-related spending in the ndici should be limited to a maximum of 10%and that migration-related activities under ndici should concentrate on addressing the root causes of irregular migration and forced displacement and on supporting strengthened engagement to facilitate safe , orderly , regular and responsible migration as well as on the implementation of planned and well-managed migration policies and governance; highlights that there should be a clear demarcation between internal and external eu migration policies , instruments and funds; recalls in that regard the ndici should not be misused to fulfill the internal policy goals of the eu , underlines that the final agreement on migration-related activities in the ndici should be horizontally coordinated with internal eu funds as well as ipa to avoid overlaps; insists that humanitarian and development funding can by no means be made conditional on the management of migration; recalls that the ndici is foremost a development instrument; notes with concern , however , that through the ‘rapid response’ component , cooperation with third countries on migration management can be funded without the need for the commission to publish any programming documents or consult civil society actors , and without the involvement of parliament , including in the framework of the ‘migration preparedness and crisis blueprint’ , which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the2021-2027 multiannual financial framework is accompanied by a robust human rights framework for the identification , implementation and monitoring of future migration cooperation programmes;


### b. whereas the eu is fighting climate change through ambitious policies at home and close cooperation with international partners; ### b. whereas studies have shown that climate change and environmental degradation will increasingly threaten basic human rights of vulnerable people , like the right to life , water , food , sanitation , healthcare and education; whereas the number of people displaced by the impact of the climate crisis is increasing; whereas the eu is fighting climate change through ambitious policies at home and close cooperation with international partners;


### b. whereas the eu is fighting climate change through ambitious policies at home and close cooperation with international partners; ### b. whereas the eu must continue to increase its fight against climate change through ambitious policies at home and close cooperation with international partners;


### b. whereas the causal link between climate change and violations of the human rights of any population must be scientifically verified; ### b. whereas the paris agreement , in its preamble , acknowledges that climate change is a common concern of humankind and that parties of the agreement should , when taking action to address climate change , respect , promote and consider their respective obligations on human rights;


### 1. acknowledges the role of human rights defenders and their legal representatives; deplores the fact that environmental defenders are facing threats of violence; ### 1. acknowledges the crucial role of human rights defenders and their legal representatives in defending land , indigenous peoples’ and environmental rights; deplores the fact that environmental defenders are facing increasing levels of harassments and violence; particularly highlights the work of and condemns the risks for female environmental defenders;


### 1. stresses that developing countries are the most exposed to climate change , and that their human rights activists and environmental defenders are particularly subjected to threats , repression and judicial persecution for defending their land , heritage and environment from the consequences of the exploitation of natural resources; ### 1. stresses that developing countries are the most exposed to climate change , and that their human rights activists and environmental defenders are particularly subjected to threats , repression and judicial persecution; highlights the indispensable role of environmental defenders , who are highly conscious of the urgent , existential challenges of climate change and who strive to mitigate the adverse effects the latter has on natural resources and the accessibility of people to those resources; recognises that the actions undertaken by environmental defenders are essential as they search for , device and disseminate viable solutions and mechanisms for prevention , resilience and adaptation to climate change to the people living in affected territories;


### 1. stresses that developing countries are the most exposed to climate change , and that their human rights activists and environmental defenders are particularly subjected to threats , repression and judicial persecution for defending their land , heritage and environment from the consequences of the exploitation of natural resources; ### 1. stresses that developing countries are the most exposed to climate change , and that their human rights activists and environmental defenders are often members of indigenous or traditional communities who have to deal with multiple forms of violence , ranging from psychological and physical threats to restrictions on their liberty , judicial persecution and even assassination;


### 2. calls for the eu and its member states to protect freedom of expression and media freedom and pluralism and to ensure the safety and protection of journalists in external relations; ### deleted


### 2. calls for the eu and its member states to protect freedom of expression and media freedom and pluralism and to ensure the safety and protection of journalists in external relations; ### 2. calls for the eu and its member states to protect freedom of expression and media freedom and pluralism and to ensure the safety and protection of journalists , human rights defenders , and environmental defenders in external relations;


### 2. is deeply concerned about the increased criminalisation and persecution of environmental activists in developing countries by governments and multinational companies that are investing in the exploitation of natural , non-renewable resources , thus contributing to deforestation , loss of biodiversity and human rights violations , mostly affecting indigenous peoples; ### 2. is deeply concerned about the increased criminalisation and persecution of environmental activists in developing countries , particularly of women , victims of attacks carried out by many perpetrators who can be difficult to trace , such as armed groups and militias or private individuals that are investing in projects that contribute to deforestation , loss of biodiversity and human rights violations , mostly affecting indigenous peoples; in this connection , calls for enhanced international support for the collective rights of indigenous peoples over the land , regions and resources that they protect and which contribute to limiting the effects of global warming;


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


### 3. believes that in the next few years climate change will create more environmental migrants from developing countries , and that in order to better protect their human rights , environmental refugee status needs international recognition; ### 3. calls for solutions to be found to assisting peoples from regions that will , in the short or long term , become uninhabitable because of the effects of climate change in order to better protect their human rights and support their resilience; notes , in this connection , that the 1951 international convention relating to the status of refugees does not cover the protection of persons displaced for environmental reasons; calls for common terminology to be clarified , both internationally and europe-wide , regarding the conditions applicable to people moving as a result of climate change;


### 3. believes that in the next few years climate change will create more environmental migrants from developing countries , and that in order to better protect their human rights , environmental refugee status needs international recognition; ### 3. expresses it is very worrying that climate change would lead to destruction of habitable land , withering of ecosystems and increased desertification in certain territories , especially in developing countries; considers that climate change will have in coming years devastating effects including exacerbating forced displacement , hence there is an acute need to find the best approach on how to assist those people that will be forced to move from territories affected by climate change in order to better protect their human rights;


### 4. reiterates its position that all relevant eu policies , instruments and tools , including trade agreements , as well as development aid and visa policies should be linked with cooperation and respect for the rule of law and the principles of good governance; believes that this cooperation should be based on the ‘more for more’ principle and that insufficient cooperation , intimidation , repression and violence against indigenous people and environmental defenders should result in a reduction in external aid and support , without affecting humanitarian aid; ### 4. reiterates its position that all relevant eu policies , instruments and tools , including trade agreements , as well as development aid and visa policies should be on the prerequisite of respect for the rule of law and the principles of good governance , without harming final beneficiaries; believes that this cooperation should be based on the ‘more for more’ principle and that insufficient cooperation , intimidation , repression and violence against indigenous people and environmental defenders should result in a reduction in or suspension of external aid and support , without affecting humanitarian aid;


### 4. deems that the introduction of binding eu legislation on business due diligence can help improve the defence of human rights and compliance with environmental standards in the fight against climate change in developing countries; calls on the commission to continue working towards the approval of the un binding treaty for transnational corporations on human rights; ### 4. highlights the importance of the private sector in the fight against climate change and the vital role of private investment in helping developing countries to anticipate and adapt to its effects; deems that the introduction of eu legislation on business due diligence can help improve the defence of human rights and compliance with environmental standards in the fight against climate change in developing countries; in this connection , welcomes the commission’s plan to draft a legislative proposal on this topic; calls on the commission to continue working towards the approval of the un binding treaty for transnational corporations on human rights;


### 5. calls for the eu and its member states to provide financial and technical assistance for indigenous people , refugees and displaced people in hosting communities; ### 5. calls for the eu and its member states to provide financial and technical assistance for indigenous people , refugees and displaced people , as well as environmental defenders , in hosting communities;


### 6. supports a human rights-based approach to migration governance in third countries and the strengthening of the capacity of states , civil society and un partners to implement this approach. ### 6. supports a human rights-based approach to migration governance in third countries and to the eu , including the creation of legal pathways to the eu as well as the strengthening of the capacity of states , civil society and un partners to implement this approach.


### 6. invites the commission to do more to protect human rights defenders , environmental activists and organisations engaged in the fight against climate change in developing countries. ### 6. invites the commission to improve the framework of protection for human rights defenders and environmental activists by enabling them to have a better awareness of their rights and the protective measures from which they may benefit , but also to strengthen the network and improve connectivity between organisations engaged in the fight against climate change in developing countries;


### 3. deplores the lack of effective implementation of eu directives that aim to establish criminal liability of legal persons for environmental offences1 ; stresses the urgent need to update such legislation; calls on the commission and the member states to allocate appropriate financial and human resources to preventing , investigating and prosecuting environmental crimes; ### 3. deplores the lack of effective implementation of eu directives that aim to establish criminal liability of legal persons for environmental offences1 ; stresses the urgent need to update such legislation and to find more effective implementation means; calls on the commission and the member states to allocate appropriate financial and human resources to preventing , investigating and prosecuting environmental crimes;


### 4. calls on the commission to make full use of article 83(2) tfeu and to consider the adoption of an overall framework directive on environmental offences; calls on the commission to evaluate the possibility of a legislative proposal for the crime of ecocide and of including environmental crimes among the categories of offences in article 83(1) tfeu; ### 4. calls on the commission to make full use of article 83(2) tfeu and to consider the adoption of an overall framework directive on environmental offences and effective and proportionate sanctions; calls on the commission to evaluate the possibility of a legislative proposal for the crime of ecocide and of including environmental crimes among the categories of offences in article 83(1) tfeu;


### 6. calls on the commission , europol and eurojust to provide support and a more institutionalised structure for existing networks of practitioners; ### 6. calls on the commission , europol and eurojust to provide further financial , human and technical support and a more institutionalised structure for existing networks of practitioners , cross- border law enforcement , environmental agencies and specialised prosecutors;


### a. whereas the eu’s coordinated environmental strategy encourages cooperation and ensures that eu policies are consistent with each other; ### a. whereas the eu’s coordinated environmental strategy must encourage cooperation and ensures that eu policies are consistent with each other;


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


### 15. asks the commission to look into the possibility of introducing a mandatory financial security system (covering insurance , bank guarantees , company pools and bonds or funds) with a maximum threshold per case , aiming to prevent taxpayers from having to bear the costs resulting from remediation of environmental damage; asks the commission , in addition , to develop a harmonised eu methodology for calculating the maximum liability threshold , taking into account the activity and the impact on the environment; ### 15. asks the commission to introduce a mandatory financial security system (covering insurance , bank guarantees , company pools , securities and bonds or funds) for obligations which fall under strict liability with a maximum threshold per case , aiming to prevent taxpayers from having to bear the costs resulting from remediation of environmental damage; asks the commission , in addition , to develop a harmonised eu methodology for calculating the maximum liability threshold , taking into account the activity and the impact on the environment;


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


### b. whereas international agreements allowing europol and third countries to cooperate and exchange personal data should respect articles 2 , 6 , 7 and 8 of the charter and be necessary for and proportionate to the fulfilment of europol’s tasks; ### b. whereas international agreements allowing europol and third countries to cooperate and exchange personal data should respect articles 2 , 6 , 7 and 8 of the charter , and article 16 tfeu , and be necessary for and proportionate to the fulfilment of europol’s tasks; respecting the principle of purpose limitation , the right of access , the right to rectification and the control by an independent authority specifically stipulated by the charter;


### 3. believes that , since europol recognises that the terrorist threat level from returning foreign freedom fighters , radicalised european muslims and their families is high , it is essential for information exchange by all relevant law enforcement agencies , within the eu and globally , to be prioritised in order to fight serious crime and terrorism; therefore urges the member states to work faster to secure their borders; ### 3. believes that , since europol recognizes the overall terrorist threat to the security of the eu as high , it is essential for information exchange by all relevant law enforcement agencies , within the eu and globally , to be prioritised in order to fight serious crime and terrorism; recalls that the member states have a key role to play in securing external borders of the eu in full compliance with schengen code;


### 4. requests that the agreement contain the necessary safeguards and controls with respect to the protection of personal data; ### 4. requests that the agreement contain the necessary safeguards and controls with respect to the protection of personal data as enshrined in the article 16 tfeu;


### 5. is of the opinion that , in line with the principle of purpose limitation , the future agreement should explicitly lay down a list of criminal offences in relation to which personal data can be exchanged; considers that this list should include the activities covered by such crimes , and the persons , groups and organisations likely to be affected by such transfers; ### 5. is of the opinion that , in line with the principle of purpose limitation , the future agreement should explicitly lay down a list of criminal offences in relation to which personal data can be exchanged; considers that this list should include the activities covered by such crimes , and the persons , groups and organisations likely to be affected by such transfers; considers that transferred personal data should be related to individual cases;


### 8. considers that the independent supervisory body should also have the power to decide to suspend or terminate the agreement in the event of a breach; considers that under the agreement , authorities should be allowed to continue to process any personal data falling within the scope of the agreement transferred prior to its suspension or termination; considers that a procedure for monitoring and periodically evaluating the agreement should be established in order to evaluate the partners’ compliance with the agreement; ### 8. considers that the independent supervisory body should also have the power to decide to suspend or terminate the agreement in the event of a breach; considers that under the agreement , authorities should be allowed to continue to process any personal data falling within the scope of the agreement transferred prior to its suspension or termination; believes that a monitoring mechanism should be included in the agreement and that the agreement should be subject to periodic assessments to evaluate its functioning in relation to the operational needs of europol as well as its compliance with european data protection rights and principles;


### 8. considers that the independent supervisory body should also have the power to decide to suspend or terminate the agreement in the event of a breach; considers that under the agreement , authorities should be allowed to continue to process any personal data falling within the scope of the agreement transferred prior to its suspension or termination; considers that a procedure for monitoring and periodically evaluating the agreement should be established in order to evaluate the partners’ compliance with the agreement; ### 8. considers that the international agreement should include a provision allowing the eu to suspend or revoke the agreement should there be a breach of personal data by a law enforcement authority; considers that the independent supervisory body should also have the power to decide to suspend or terminate the agreement in the event of a breach; considers that under the agreement , authorities should be allowed to continue to process any personal data falling within the scope of the agreement transferred prior to its suspension or termination; considers that a procedure for monitoring and periodically evaluating the agreement should be established in order to evaluate the partners’ compliance with the agreement;


### 9. considers that onward transfers of europol information from competent new zealand authorities to other authorities in new zealand , including for use in judicial proceedings , should only be allowed for the original purposes of the transfer by europol and should be made subject to appropriate conditions and safeguards , including prior authorisation by europol; points out that the same conditions should apply to onward transfers of europol information from competent new zealand authorities to third country authorities , with the additional requirement that data only be transferred to third countries to which europol is entitled to transfer personal data on the basis of article 25 (1) of regulation (eu) 2016/794; ### 9. considers that onward transfers of europol information from competent new zealand authorities to other authorities in new zealand , including for use in judicial proceedings , should only be allowed for the original purposes of the transfer by europol and should be made subject prior authorisation by europol; points out that onward transfers of europol information from competent new zealand authorities to third country authorities should not be allowed;


### — having regard to the commission proposal of 13 july 2016 for a regulation of the european parliament and of the council establishing a common procedure for international protection in the union and repealing directive 2013/32/eu (com(2016)0467) , ### deleted


### — having regard to the amended proposal of 23 september 2020 for a regulation of the european parliament and of the council establishing a common procedure for international protection in the union and repealing directive 2013/32/eu (com(2020)0611) , ### deleted


### — having regard to the report of the committee on civil liberties , justice and home affairs of 22 may 2018 on the proposal for a regulation of the european parliament and of the council establishing a common procedure for international protection in the union and repealing directive 2013/32/eu , ### deleted


### 3. highlights that border procedures constitute an exception to the legally defined rule that asylum applicants have a right to enter the territory of a member state and can be applied only in the exhaustive number of cases set out in the apd; points out that the eu legislators intended a narrow interpretation of those cases; deplores the fact that some member states apply border procedures much more extensively; ### 3. member states may provide for so called border procedures at the border or in transit zones in cases and in accordance with basic principles and guarantees set out in the apd; notes that the transposition and application of border procedures under the apd varies between member states resulting in a lack of uniformity across the eu;


### fiction of non-entry and detention ### non-entry and detention


### 4. stresses that article 9(1) of the apd obliges member states to allow applicants to remain in their territory , including at the border or in a transit zone; ### 4. notes that under article 9(1) of the apd applicants shall be allowed to remain in the territory of the member states , including a stay at the border or in transit zones , in which the application for international protection has been made or is being examined;