13 Amendments of Fabienne KELLER related to 2021/2146(DEC)
Amendment 5 #
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 and welcomes the intention of the Fundamental Rights Officer (FRO) and the Agency ad interim executive management to increase the number of fundamental rights monitors to 46; highlights however that the lack of fulfilment of those conditions increases the risk of refusal to grant discharge for the financial year 2020;
Amendment 11 #
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that the call to suspend the Agency’s support for return-related operations from Hungary for 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 has not been fulfilled; is deeply concerned that the Agency’s management board has still not adopted a detailed procedure for the implementation of Article 46 of Regulation (EU) 2019/1896notes the adoption of the 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, especially in the light of reported developments in Greece;
Amendment 28 #
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; expresses its utter disappointment in the behaviour and actions described in the findings presented; highlights that access to the findings of the OLAF report is essential in making an informed decision by the discharge authority; recommends, given those findings, to Parliament’s Committee on Budgetary Control not to grant discharge for the financial year 2020;
Amendment 34 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Is deeply concerned by the expressed intentions of several staff members to quit the Agency due to the organisational culture and overall working environment; 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; notes that out of the 17 cases of alleged sexual harassment reported in 2020, 15 were closed without further follow-up while in 2 cases investigations have been initiated; 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 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 authority 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 41 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the actions taken by the Frontex executive management team, during the transition period, with the aim of handing over a better functioning Agency to the next Executive Director, once appointed by the Management Board; 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 the EBCG Regulation; 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;
Amendment 43 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Highlights the increased role that the Agency has had to pay in the context of the Russian invasion of Ukraine; welcomes in this regard the signature of the Agreement between the European Union and the Republic of Moldova on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Moldova and the assistance given to Chisinau in managing migratory flows;
Amendment 47 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the management board and Commission to recruit a new executive director as soon as possible.; in line with the Parliament’s prerogatives, invites the management board and the Commission to actively engage with the Parliament in this process;
Amendment 49 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 50 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Notes the difficulties faced by the Agency in the fulfilment of its fundamental rights obligations due to the division of responsibilities between the Agency and host Member States; urges the Agency and member states to further develop structures of cooperation, information sharing and exchange of best practices;
Amendment 51 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Calls on the Agency to ensure that standing corps officers are recruited amongst a diversity of nationalities; underlines the importance of border guards and coastguards’ proper training, including with regard to fundamental rights and access to international protection;
Amendment 52 #
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Recalls the important role of the Fundamental Rights Officer and the Consultative Forum in ensuring the Agency’s compliance with its fundamental rights obligations; invites the management board and the executive director to actively involve the Fundamental Rights Officer and the Consultative Forum in relevant processes and to take their opinions and recommendations into consideration in their decision-making;
Amendment 53 #
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Emphasises the importance of an effective and accessible complaints mechanism for breaches of fundamental rights; calls on the fundamental rights officer and the executive director to rely on a diversity of sources when investigating a serious incident report; recommends that reports of similar serious incidents be carefully handled, particularly regarding communication with the host member state, and that they be followed up on by the management board; urges the Agency to commit to increased transparency regarding serious incident reports, reports on the use of force and individual complaints;
Amendment 54 #
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6 f. Welcomes the improvement of information exchange between the Agency and the European Parliament during the fact-finding investigation of the Frontex Scrutiny Working Group; calls on the Fundamental Rights Officer and the Consultative Forum to regularly report back on their activities to the European Parliament; urges the management board and the executive director to commit to increased dialogue and transparency with the Parliament regarding the Agency’s activities.