15 Amendments of Michal WIEZIK related to 2021/2146(DEC)
Amendment 1 #
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants/Refuses to grant the Executive Director of the European Border and Coast Guard Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2020;
Amendment 3 #
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Border and Coast Guard Agency for the financial year 2020 / Points out that a proposal to close the accounts of the European Border and Coast Guard Agency for the financial year 2020 must be submitted at a subsequent part-session;
Amendment 7 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes the resignation of the executive director of the Agency on 28 April 2022 and, following numerous reports and journalistic investigations exposing wrongdoing particularly in the field of upholding human rights; further notes the appointment by the management Board of an executive director ad interim as of 1 July 2022; notes the vacancy notice for a new executive director of the Agency published on 21 June 2022; calls on the management board of the Agency to appoint an executive director as soon as possible; highlights that the new executive director should commit to ensuring full respect of fundamental rights in all activities of the Agency as well as have high-level administrative and management skills; in line with Parliament's prerogatives, invites the management board and the Commission to actively engage with the Parliament in this process, committing to full transparency and accountability before Parliament;
Amendment 11 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the briefing note on ‘Actions taken by Frontex management during transition period’ that was sent to the Committee on Budgetary Control on 27 June 2022 that informs the discharge authority on the measures taken by the interim management of the Agency, in anticipation of the appointment of a new executive director; welcomes the acknowledgement by the acting executive director of the standing problems of the Agency and appreciates her commitment to ensuring that the Agency fully implements its mandate and operates in full respect of the rule of law and fundamental rights, to changing the organisational culture of the Agency, including making sure people are not afraid to speak up about possible wrongdoings and that there is proper follow-up, to establishing a dialogue with the members of staff, to encouraging delegation of powers and to building relationships of trust with other institutions and the public; further welcomes also her commitment to transparency; calls on the interim management and on the to be appointed executive director to continue with pro- actively informing the discharge authority on its response to its observations and recommendations;
Amendment 14 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the executive management of the Agency to continue with the implementation of the Agency’s mandate; reiterates that clarity, transparency, open dialogue and communication both internally and externally, the delegation of responsibilities and tasks, as well as abiding by high standards of ethics and respect for fundamental rights are essential for changing the organisational culture within the Agency, ensuring good governance and improving its functioning towards a full implementation of its mandate, as established by Regulation (EU) 2019/1896; reminds that this is a collective effort which requires the sincere cooperation of the executive management, the Agency's Management Board and the Commission; reiterates Parliament's support within this process; recalls remarks made in the meeting of the Committee on Budgetary Control on 13 July 2022 that the fast growing pace imposed by the new mandate of the Agency caused difficulties that were, with hind sight, underestimated, leading to delays in recruitment in particular; notes that the current corrective coefficient has a negative impact on recruitment and calls for a revision taking into account the reality of cost of life in order to improve geographical balance within the Agency;
Amendment 20 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the report of the Agency on the implementation of the seven conditions formulated for the 2019 discharge of the Agency; notes thathowever that only five of the seven conditions are reported as being implemented by the Agency; regrets to note that two conditions still have not been fully met;
Amendment 23 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. NotDeplores 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); notes 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 institution; highlights that according to Article 110(6) of Regulation (EU) 2019/1896, the Agency had the obligation to recruit at least 40 fundamental rights monitors (FRMs) by 5 December 2020; recognises the recent progress made by the Agency in the recruitment and welcomes the intention to operate a first increase in the number of FRMs from 40 to 46; highlights that Regulation (EU) 2019/1896 provides the framework for further increases in the number of FRMs, as the Agency expands; reiterates its calls on the Agency to conduct all future FRMs recruitments and appointments at AD level; notes the explanation provided by the Agency that the delay was due to lengthy recruitment procedures in Union institutions; underlines however the findings of the Frontex Scrutiny Working Group indicating that the former executive director of the Agency had caused a significant and unnecessary delay in the recruitment of FRMs;
Amendment 31 #
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; underlines however that the Agency must refrain from participating in any operations governed by national legislation provisions that had been deemed incompatible with the Union law by the Court of Justice of the European Union (hereinafter - Court of Justice) until all such provisions are in line with the acquis communautaire; further notes with concern that the Court of Justice established through its judgement of 30 June 2022 that Lithuanian legislation was incompatible with Union and international law; deplores the fact that the Agency has failed to act in accordance with Article 46, even after the Court of Justice judgement; notes the progress made by the Agency through the adoption of the detailed Standard Operating Procedures for Article 46, in the form of an Executive Director Decision in January 2022; highlights the importance of implementing these procedures abiding by the highest standards of respecting fundamental rights; _________________ 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 39 #
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 recommect and comply with all condaitions made by the Agency’s Fundamental Rights Officer in its annual report for 2022stipulated by the Parliament in its previous discharge resolutions;
Amendment 44 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that OLAF and the Agency’s management board have made an anonymised version of the OLAF final report on the Agency’s activities available to the Members of the Committee on Budgetary Control and the Committee on Civil Liberties, Justice and Home Affairs; deeply regrets the long delay taken towards granting that access; underlines that this delay has hampered Members’ scrutiny of the Agency; recalls that having access to that report was deemed necessary by the discharge authority to take a fully informed decision on the 2020 discharge;
Amendment 48 #
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; expresses its utter dismay in the behaviour and actions described in the findings presented and the lack of accountability; 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; reiterates its call upon the Agency to present a detailed road map on how it intends to fulfil the outstanding concerns, together with a clear and detailed timeframe for these actions; 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; highlights however that the conclusions presented in the report of the OLAF on the investigation conducted with respect to the activities of the Agency, under the former executive leadership, are extremely serious and constitute a substantial reason for a refusal of discharge for the year 2020;
Amendment 57 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on OLAF and the Agency's management board to urgently grant access to the OLAF final report to the acting executive director, the deputy executive directors and the Fundamental Rights Officer, in light of its crucial importance for ensuring a correct implementation of the Agency's budget and regulation in the future; considers that the findings of the OLAF report are a matter of public interest and requests OLAF to reassess making the report public without further delay, in full compliance with OLAF regulations and data protection legislation;
Amendment 67 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls the European Ombudsman’s decision in its own initiative enquiry on fundamental rights obligations; notes its conclusion that the Agency should ensure a more proactive approach to transparency, including publishing documents that are needed to understand the respective roles and responsibilities of the actors involved in its operations; notes that the Agency cannot share information of a tactical nature that could be abused for human trafficking or other illegal activities; calls on the Agency to sensibly implement the Ombudsman’s recommendations; suggests to the Agency to develop and implement a new code of conduct ensuring full transparency and a good management;
Amendment 71 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the Agency reported to have been notified of 17 cases of alleged harassment in 2020; notes from the Agency’s follow-up to the first 2020 discharge report that two of those 17 cases were opened as informal procedures under the Agency’s manual of procedures for confidential counsellors while the other 15 cases were closed without further follow- up; highlights that a particular focus should be placed on identifying, reporting and combatting sexual harassment, especially in light of whistleblower reportings of such alleged cases; welcomes the statements of the acting executive director in the meeting of the Committee on Budgetary Control that the Agency remains vigilant in this area and that additional measures have been taken, such as the re-opening of a closed case regarding the suicide of the staff member, to make sure all cases to make sure all cases are properly treated; welcomes the expressed commitment of the ad-interim executive director to remain vigilant and take additional measures in this field; expresses shock and deep concern about the case of suicide of a staff member, related to alleged practices of sexual harassment, mentioned in discussions between Agency officials and Members participating in the mission of the Committee on Budgetary Control to Poland in July 2022, and welcomes the reopening of this case by the new executive leadership; calls on the executive director to conduct a full and detailed investigation about this particularly severe and worrying case, to keep the discharge authority informed about the results of this investigation and to fully cooperate with criminal investigation authorities in the process; calls on the executive director to conduct a thorough investigation into the implementation of existing procedures against sexual harassment, to report back to the discharge properly treatedauthority about the findings and to present a detailed action plan with measures ensuring zero tolerance towards sexual harassment in both its administrative and operational activities;
Amendment 75 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Commends the staff of the Agency, that has been through a very difficult period, facing challenges about which the acting executive director made statements in the meeting of the Committee on Civil Liberties, Justice and Home Affairs of 30 May 2022; calls on the executive management of the Agency and on the management board to continue with making the Agency a safe place to work; takes courage from the statements that many staff members reported wrongdoings they witnessed to their superiors and calls on the Agency to make sure that all signals about professional misconduct are taken serious, and properly followed-up; insists on the need to have a compulsory training on social harassment for management and for all staff;