17 Amendments of Tomáš ZDECHOVSKÝ related to 2021/2146(DEC)
Amendment 7 #
Draft opinion
Paragraph 2
Paragraph 2
Amendment 13 #
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls of the fact that the European Anti-Fraud Office has initiated an investigation on the Agency; underlines that the outcome of the investigation was still pending by early December 2021; remindin 2019 involving the Agency; notes that the Ombudsman conducted two own-initiative inquiries into the complaints mechanism of the Agency and on the compliance by the Agency with its fundamental rights obligations; reiterates the concern onnotes that, according to the Agency’s reply, it is fully committed to and cooperates closely with the Ombudsman, as well as with the European Anti-Fraud Office and Parliament, on fundamental righs matters; notes the findings of the Court in its special report 08/2021 entitled ‘Frontex's support to external border management: not sufficiently effective to date’; further recalls of the outcome of the Parliament’s Frontex Scrutiny Working Group and the conclusions of the 13 internal inquiries by its management board; welcomes the Agency’s report on the implementation of the conclusions of the extraordinary management board meeting of 6 October 2021 which reflects the 71 recommendations received from the aforementioned reports and audits; notes that the Agency implemented 59 of those actions; calls on the Agency to take all necessary measures towards implementing all the remaining recommendations and to report to the discharge authority over the progress achieved;
Amendment 17 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reiterates its call on the Commission to provide clear definitions and guidelines for the interpretation and implementation of the Agency's mandate, particularly border control aspects, to ensure an adequate and proper use of the Agency's financial means;
Amendment 18 #
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Agency’s efforts following the Parliament’s resolution of 29 April 2021 with observations forming an integral part ofcommendations made in the first and the dsecision ond discharge in respect of the implementation of the budget of the European Border and Coast Guard Agency for the financial year 2019, namely: (1) the recruitment of the fundamental rights officer, who took office on 1 June 2021, and the appointment of the first 20 fundamental rights monitors; regrets the fact that 15 of those appointments were made at AST level; reiterates that Regulation (EU) 2019/1896 provides for the recruitment of at least 40 fundamental rights monitors by 5 December 2020; urges the Agency to swiftly recruit the remaining 20 fundamental rights monitors and to appoint them at AD level; deeply regrets the delay in the recruitment of the fundamental rights monitors and recalls that this poses a serious risk to operations and reputation of the Agency; welcomes the cooperation between the Agency and the European Union Agency for Fundamental Rights towards completing the recruitment of the reminding fundamental rights monitors; (2) the appointment of the three deputy executive directors in 2021; and (3) the update of the Standard Operating Procedure for Serious Incidenreport for the financial year 2019; recalls the conditions formulated in the second discharge report of the Agency for the financial year 2019 for release of a budgetary reserve; reminds that the reserve has not been made in the budget of the Agency for 2022; ask nevertheless the Agency to inform the discharge authority on the progress made towards fulfilling the six conditions formulated in that Rreporting in May 2021;
Amendment 26 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that one of the conditions not yet met is the recruitment of 40 fundamental rights monitors (FRMs), as on 1 June 2022, 31 FRMs were in service, with three more to take office on 1 September 2022, more than one and a half year after the deadline set in the Agency’s founding regulation (5 December 2020); notwelcomes that the Agency now strives to have 46 FRMs; notes the explanation provided by the Agency that the delay was due to lengthy recruitment procedures in Union institutions and acknowledges its commitment to recruit the remaining FRMs as quickly as possible; notes that the FRO has expressed content with the procedure;
Amendment 30 #
Draft opinion
Paragraph 5
Paragraph 5
5. CallExpects on the Agency to swiftly adopt a detailed procedure forsetting out different steps of the implementation of Article 46 of Regulation (EU) 2019/1896 and to suspend the Agency's 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; calls on the Commission to support the Agency in that regard;
Amendment 32 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the second condition not yet met is the call on the Agency to suspend its support-related activities in Hungary, in accordance with Article 46 of Regulation (EU) 2019/18961 ; notes that the Agency, instead of suspending the support-related activities, rather takes additional safeguarding measures to get assurance from the Hungarian authorities that fundamental rights have been respected, and monitors this closely; notes that the Agency’s Fundamental Rights Officers recommend partially suspending return operations and additional safeguards when conductions return operations; recalls and supports the argument expressed by the Commission in the Committee on Budgetary Control meeting of 13 July that a presence of the Agency in Hungary allows the Agency to monitor and control possible violations of fundamental rights against refugees or asylum seekers by Hungarian authorities at the border; emphasises the importance of border control in the Agency’s mandate and the training of and cooperation with national authorities to implement the Union standards as foreseen in the legislation; _________________ 1 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 37 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Concludes that the Agency has implemented most of the conditions formulated by the discharge authority in a satisfactory manner; calls nevertheless on the Agency to adopt promptly a detailed procedure for the implementation of Article 46 of Regulation (EU) 2019/1896, in line with the recommendations made by the Agency’s Fundamental Rights Officer in its annual report for 2022;
Amendment 38 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes the Court's remark that in one case a national authority conducted two unannounced return operations, costing EUR 355 000 overall, which resulted in a sudden budgetary deficit for the Agency; notes that as a result, the Agency was forced to make an ex-post budgetary commitment, contravening its financial regulation;
Amendment 43 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Welcomes that the Agency has adopted a new process to increase transparency and equal opportunities by streamlining industry dialogues; calls on the Agency to comply with the highest standards of transparency and to have transparency register up-to-date;
Amendment 44 #
6 c. Note's the Court's remark that the Agency asked the Commission on 1 September 2020 for permission to upgrade 100 AST posts into advanced-level posts (AD7 or higher); notes that the Agency, in anticipation of the Commission's reply, on 9 September 2020 sent out 47 offers to advanced-level candidates which consequently had to be withdrawn because the Agency did not have legal authority for such an action; calls on the Agency to ensure principle of legality in all its activities; calls on the Agency and the Commission to improve mutual communication in order to avoid such a situation in the future;
Amendment 48 #
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Notes the gender balance reported for 2020 at senior management level with 15 men (75 %) and 5 women (25%) and at the level of the management board with 50 men (83,3 %) and 10 women (16,7 %); notes that the staff overall is composed of 870 men (70,5 %) and 364 women (29,5 %); reminds he Member States to consider gender balance when nominating members to the management board;
Amendment 51 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the serious concerns raised on the basis of the partial presentation of findings from the final report in the Committee on Budgetary Control meeting of 28 February 2022 are indeed confirmed in the final report; notes from the statements of the Chair of the Agency’s management board in the Committee on Budgetary Control meeting of 13 July 2022 that actions have been taken in follow-up to OLAF’s conclusions in the final report; notes the comments from the Chair of the Agency’s management board, and the Commission’s deputy director-general for Migration and Home Affairs that the report shows the failings of the individuals concerned, and that there is no structural issue; recalls further that it was reconfirmed at this meeting that the OLAF final report does not contain any financial implications or indications of violations of sound financial management at the Agency;
Amendment 58 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Acknowledges and highly welcomes the positive change in management style introduced by the Executive Director ad interim who promotes a team-based approach with a consultative and inclusive leadership with the full support of the Management Board and the Fundamental Rights Officer (FRO); welcomes the positive role of the new management board Chair and the important contribution by the FRO which has improved the intensity of meetings and support for the Agency;
Amendment 81 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Takes note that on 15 February 2022 OLAF concluded its investigation on allegations in relation to the exercice of professional duties and non-compliance with the rules in place; calls on OLAF and the Commission to make sure that the full investigation report will be shared with the discharge authority as soon as possible, while respecting its Regulation and all legal requirements on the protection of sensitive data and of the persons concerned; reminds that it is necessary to have clarity on all elements of the investigation, in order for the discharge authority to take an informed and correct decision in relation to the 2020 budgetary procedure;
Amendment 84 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Reminds the importance of the Agency and of its role as a border and coast guard of the Union; calls therefore on the Agency to step up its efforts to follow up and appropriately address all OLAF recommendations with a view to ensure full functionality, as well as effectiveness and credibility of its actions, especially in the context of the current situation in Ukraine, when the border control of the Union and proper management of the increasing migration flows become of paramount importance;
Amendment 89 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Regrets that not all management board member CVs and declarations of interest are published on the Agency’s website, most notably the declarations of interest of the chair person and deputy chairperson of the management board; calls on the Agency, with the aim of increasing transparency, to publish the missing CVs and declarations of interest on its website and to report to the discharge authority on the measures taken in that regard;