21 Amendments of Caterina CHINNICI related to 2021/2146(DEC)
Amendment 8 #
Draft opinion
Paragraph 1
Paragraph 1
1. Deeply regrets that the obligation included in Regulation (EU) 2019/1896 to recruit at least 40 fundamental rights monitors by 5 December 2020 has still not been fulfilled; urges the European Border and Coast Guard Agency (the ‘Agency’) to swiftly recruit the remaining fundamental rights monitors and to appoint them at AD level, as Parliament and the Commission have repeatedly called for; reminds the Agency that that is one of seven conditions set by the Parliament in its previous discharge reports; recognises the progress made by the Agency in that respect; insists that the Agency should ensure - from now on - that fundamental rights monitors are recruited at AD grade and encourages the Agency to further increase the number of fundamental rights monitors beyond the initial 40, which is a threshold and not a ceiling; highlights however that the lack of fulfilment of those conditions increases the risk of refusal to grant discharge for the financial year 2020;
Amendment 13 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Takes note that a commitment has been undertaken in the briefing note from 27 June 2022 for preparation of an action plan on the remedial actions presented in this document under the lead of the executive director ad interim; expects the action plan to be submitted to the Parliament, as well as an update on its implementation to be presented regularly; considers the progress in implementing the action plan as an important condition for the discharge to the Agency;
Amendment 14 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that the Agency has postponed the deadline to fully implement recommendation 1of the European Court of Auditors' special report No 8/2021, concerning the improvement of the information exchange framework and of the European situational picture, to 2023, beyond the timeframe for the implementation set out in the Court’s special report (mid-2022);
Amendment 16 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Expresses its deep concern about the Agency’s proposed updated rules on PeDRA, or ‘Processing of Personal Data for Risk Analysis', which would purportedly allow for the bulk collection of sensitive personal data from migrants and those seeking international protection in the EU in contravention of EU law; seeks immediate clarification of the Agency’s intentions in that regard;
Amendment 18 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Reiterates, once again, that the dramatic increase in competences and budget which the Agency has seen in recent years must be accompanied by a corresponding increase in accountability and transparency; stresses that the granting of discharge in respect of the implementation of the Agency's budget is conditional on such accountability and transparency, and especially on the Agency's commitment to Union law;
Amendment 27 #
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the decision to partially grant access to the report of the European Anti-Fraud Office (OLAF) on the investigation conducted with respect to the activities of the Agency, to the members of Parliament’s Committee on Budgetary Control and Committee on Civil Liberties, Justice and Home Affairs; regrets the long delay taken towards granting that access; is profoundly concerned about the findings of that investigation; underlines that the OLAF report has confirmed the fears and concerns raised by many within the European Parliament over the last number of years; expresses its utter disappointment in the behaviour and actions described in the findings presented; recommends, given those findings, to Parliament’s Committee on Budgetary Control not to grant discharge for the financial year 2020;
Amendment 27 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. NoteRegrets 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); noteinsists 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 institutionshould ensure - from now on - that FRMs are recruited at AD grade and encourages the Agency to further increase the number of FRMs beyond the initial 40, which is a threshold and not a ceiling; notes that the Agency now strives to have 46 FRMs;
Amendment 33 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. NoteRegrets that the second condition not yet met is the call on the Agency to suspend its support-related activities to return operations in Hungary, in accordance with Article 46 of Regulation (EU) 2019/18961 and the clear guidance given by the Court of Justice of the European Union to the executive director to implement this article and suspend the activities in Hungary; 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 recommends partially suspending return operations and additional safeguards when conductionsng return operations; _________________ 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 38 #
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, but the full implementation of all conditions is still not achieved; calls on the Agency to fulfil the remaining two conditions, as well as 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 40 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Remains concerned that the weaknesses identified in the Court's special report 08/2021 remain present;
Amendment 41 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Reiterates, once again, that the dramatic increase in competences and budget which the Agency has seen in recent years must be accompanied by a corresponding increase in accountability and transparency; stresses that the granting of discharge in respect of the implementation of the Agency's budget is conditional on such accountability and transparency, and especially on the Agency's commitment to Union law;
Amendment 42 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Is disappointed that the Agency is still unable to fulfil the requirement of Regulation (EU) 2019/1896, which provided for the recruitment of at least 40 fundamental rights monitors by December 2020; regrets the fact that the Agency has also still not established a detailed procedure for the implementation of Article 46 of Regulation (EU) 2019/1896; emphasises that Parliament has raised those concerns already on many occasions with the Agency, including in the context of the 2019 discharge procedure;
Amendment 46 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Considers that concerns regarding compliance with fundamental rights obligations have not been allayed; notes, in that regard, that the Agency continues to carry out returns from Hungary, despite the ruling of the Court of Justice of the European Union that such returns are incompatible with the Charter of Fundamental Rights of the European Union; notes, moreover, the assessment of the Agency’s own fundamental rights officer that the Agency’s role in supporting Member States implicated the Agency to some extent in their actions;
Amendment 47 #
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Reiterates that the significant increase in competences and budget which the Agency has seen in recent years must be accompanied by a corresponding increase in accountability and transparency; stresses that the granting of discharge in respect of the implementation of the Agency's budget is conditional on such accountability and transparency, and especially on the Agency's commitment to Union law; stresses in that context the need for a full clarification of the alleged violations of fundamental rights at the external borders;
Amendment 50 #
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 issueis deeply concerned, by the magnitude of the committed serious misconducts and other irregularities identified by OLAF in the Agency, as well as the level at which they have been committed; considers in this regard that serious remedial actions should be undertaken and that the resolution of the problems discovered by OLAF will take time and will require strong engagement especially by the expected new Executive Director; 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; expects the Agency’s management to inform the Parliament about its action plan and further actions, as well as about their implementation;
Amendment 59 #
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
The Court of Auditors' Special Report 08/2021
Amendment 60 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Is concerned by the weaknesses identified in the special report of the Court 08/2021 related to gaps and inconsistencies in the information exchange framework, which hinders the capacity of the Agency and the Member States to monitor external borders and to respond when necessary; notes further that risk analysis and vulnerability assessment activities are not always supported by complete and good-quality data, and that the joint operations in the framework of cross-border crime are not yet sufficiently developed in the Agency’s day-to-day activities; is worried that the Court has identified an absence of reporting on the Agency’s efficiency and costs;
Amendment 60 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Notes that the Agency has reported implementation of Recommendation 5 of the Court of Auditors' Special Report No 8/2021 (deadline end of 2021), but is postponing the deadline for implementation of Recommendation 1, regarding the improvement of the information exchange framework and of the European situational picture, by more than a year from mid-2022 to the third and the fourth quarters of 2023; notes further the ongoing/partial implementation of Recommendations 2, 3 and 4 and encourages the Agency to respect the deadline for their implementation by the end of 2022;
Amendment 72 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls the discharge authority’s concern about the recruitment of the Agency’s fundamental rights monitors in the appropriate grades; callsIs disappointed that the Agency is still unable to fulfil the requirement of Regulation (EU) 2019/1896, which provided for the recruitment of at least 40 Fundamental Rights Monitors by December 2020; recalls the discharge authority’s concern about the recruitment of the Agency’s fundamental rights monitors in the appropriate grades; regrets the fact that the Agency has also still not established a detailed procedure for the implementation of Article 46 of Regulation (EU) 2019/1896; reiterates its call on the Agency to swiftly complete the ongoing recruitment procedures and to work on embedding the work of the FRO into the operational procedures of the Agency; asks the Agency to report to the discharge authority on this matter;
Amendment 75 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. NotesIs concerned of the gender unbalance reported for 2020 at senior management level with 15 men (75 %) and 5 women (25 %), at the level of the management board with 50 men (83,3 %) and 10 women (16,7 %), and for the Agency’s staff overall, with 870 men (70,5 %) and 364 women (29,5 %); asks the Agency to ensure gender balance at the management and staff levels in the future; asks the Commission and the Member States to take into account the importance of ensuring gender balance when nominating their members to the Agency’s management board;
Amendment 83 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Is concerned that OLAF concluded an investigation on 15 February 2022 with a disciplinary recommendation; calls on the Frontex Management Board to undertake all the necessary appropriate follow-up actions regarding OLAF’s recommendation;