Changes from report parliamentary committee draft to plenary report

Added2. Acknowledges, despite the country’s difficult human rights situation, the efforts by the Senegalese Government to uphold or improve human rights, through its active membership of the UN Human Rights Council between 2018 and 2023; expresses its concern about the increasing reports of human rights violations in Senegal, specifically those concerning the use of force or abuse of migrants during border control checks and the increased criminalisation of civil society; highlights and condemns the repeated pushbacks of migrants and refugees from the Mauritanian and Mali borders to Senegal; reiterates and underlines that Frontex should not take part in any form of pushbacks; considers that the possible conclusion of a status agreement between the EU and Senegal providing for the exercise of executive powers by Frontex in the country would entail a high risk for Frontex of becoming complicit in direct and indirect violations of fundamental rights or international protection obligations; believes that these risks are of a serious nature and are likely to persist;

Removed4. Considers that the model status agreement falls significantly short of addressing the abovementioned serious concerns and could lead to severe accountability gaps in the event of fundamental rights violations;

Added3. Is concerned about the potential impact of a status agreement on the freedom of movement of individuals in West Africa, as guaranteed under the Economic Community of West African States Treaty, which provides for the long-term establishment of a free-movement zone for goods, capital and people, as well as about the impact on the right to leave and the right to asylum;

Removed5. Regrets that the Commission decided to interpret recital 88 of Regulation 2019/1896 in a restrictive way, whereby the fundamental rights situation in a given third country is only assessed after the conclusion of the status agreement; stresses that this prevents the relevant actors from taking into account the fundamental rights situation during the negotiations of and the decision to conclude a status agreement, as well as for the European Parliament during the consent procedure;

Added4. Is concerned about the lack of access by Senegalese nationals, civil society organisations and the media to information about EU and bilateral support to Senegalese authorities for border surveillance; calls, in this regard, on Frontex to make use of the option to provide access to individuals residing outside the EU, as well as to legal entities based in or having a registered office in third countries, in line with Regulation (EC) 1049/2001;

Removed6. Considers that the possible conclusion of a status agreement between the EU and Senegal is part of the EU’s general push to externalise border controls and responsibility for asylum seekers; does not, therefore, support the conclusion of a status agreement, taking into account the abovementioned concerns, and recommends therefore that negotiations not be opened;

Added5. Considers that that the provisions in the model status agreement must be improved in order to address the abovementioned serious concerns, which could lead to severe accountability gaps in the event of fundamental rights violations and should be properly addressed;

Removed7. Strongly urges the Commission and Frontex to adopt the following measures without delay, irrespective of the developments in the negotiations of the agreement with Senegal and taking into account the fact that Frontex has been increasingly operating in third countries:

Added6. Calls on the Commission to perform an ex ante fundamental rights impact assessments that are relevant to the areas linked to the potential Frontex deployment before engaging in negotiations with third countries on the conclusion of status agreements in order to be able to fully consider the impact of the potential cooperation and to negotiate on the necessary safeguards, in accordance with recital 88 of Regulation (EU) 2019/1896; calls on the Commission to make this impact assessment, which Parliament regrets has not yet been performed, publicly available or at least share it with the co-legislators;

Added7. Is of the opinion that any deployment of Frontex personnel to Senegal and the conducting of operational activities with local and regional security forces can only take place where adequate human rights protection can be guaranteed for migrants and asylum seekers throughout the entire process of their application or return;

Added8. Acknowledges the fact that the Senegalese Government has expressed its unwillingness to pursue this kind of cooperation; expresses its reservations regarding the possible conclusion of a status agreement, taking into account the abovementioned concerns;

Added9. Strongly urges the Commission and Frontex to adopt the following measures without further delay, taking into account the fact that Frontex has been increasingly operating in third countries, should negotiations for a status agreement between Frontex and Senegal be opened:

9.1. European Commission

Change 3

Changeda. in line with the approach of the Frontex Fundamental Rights Officer (FRO) when launching operations on the territory of a third country and in cooperation with the FRO, always perform an ex ante fundamental rights impact assessmentsassessment before engaging in negotiations with third countries on the conclusion of status agreementsagreements, in accordance with recital 88 of Regulation (EU) 2019/1896, in order to be able to fully consider the impact of the potential cooperation and to negotiate on the necessary safeguards; include a human rights impact assessment of the migration cooperation between Senegal and the EU and its Member States since 2005; make these impact assessments publicly available;

Change 4

Removedb. critically review the current provision on immunity from criminal prosecution by national authorities for deployed Frontex officers, in line with the principle of proportionality, in order to safeguard the right to an effective remedy for the individuals concerned;

Addedb. ensure that Frontex staff who are granted immunity for their activities in Senegal must continue to be held accountable under EU or Member State laws in order to guarantee legal certainty; adopt guidelines, in cooperation with Frontex’s Executive Director, on the waiving of immunity for deployed including specifications on how requests from the third-country authorities will be dealt with, as well as enshrining a strong role for the FRO;

Change 5

Changedc. ensure safesufficient and legalaccessible pathwaysinternal toand theexternal EUmechanisms for Senegalesenon-EU nationalsindividuals andto refugeessubmit livingcomplaints to Frontex, in orline transitingwith Senegal,the includingrecommendations byof grantingthe SchengenEU visas;Ombudsman;

Change 6

Removedd. make any support to the border authorities of a third country conditional on full respect for fundamental rights and ensure that independent monitoring is put in place;

Addedd. ensure safe and legal pathways to the EU for Senegalese nationals and migrants, including refugees living in or transiting Senegal, including by facilitating the granting of Schengen visas;

Removede. inform the European Parliament before opening negotiations with third countries on a status agreement;

Addede. ensure that EU development aid policies, as well as any cooperation with third countries on migration and border management, including border surveillance, are implemented with full transparency and under parliamentary scrutiny;

Removed7.2 Frontex

Addedf. engage in regular dialogue with local human rights organisations and other NGOs in Senegal that protect and promote the rights of migrants regarding the human rights situation in the country;

Removeda. ensure effective, proactive and timely consultation with the Fundamental Rights Officer (FRO) when deciding whether to launch a joint operation in the third country covered by the status agreement, in line with the requirements of Regulation 2019/1896;

Addedg. support local civil society organisations in Senegal that protect and promote the rights of migrants, asylum seekers, Senegalese returned migrants and candidates for migration, as well as those monitoring the Senegalese authorities’ cooperation with Frontex;

Removedb. establish a robust, independent, efficient and easily accessible complaint mechanism for non-EU nationals and persons potentially affected by Frontex’s actions on the territory of the third country to effectively seek remedy through external bodies, such as the European Ombudsman, the Court of Justice of the European Union (CJEU) or a different entity;

Addedh. make any material support to the border authorities of Senegal conditional on full respect for fundamental rights and ensure that monitoring is carried out;

Removedc. conduct periodical evaluations of joint operations in third countries, with a focus on fundamental rights, share them with the European Parliament and the Council and make them publicly available;

Addedi. include in the status agreement explicit safeguards to allow deployed officers to disregard orders issued by the Senegalese authorities that contradict Frontex’s fundamental rights obligations that derive from EU and international law;

Addedj. refrain from including specific provisions allowing for the agreement to be provisionally applied before the European Parliament assesses whether to give its consent to it;

Addedk. include clear guidelines and, if considered necessary, mitigating measures on combating corruption in identified areas of cooperation between officers of Frontex and Senegalese authorities and security forces, as well as safeguards to avoid the misuse of EU material support;

Addedl. in parallel to the negotiations on the status agreement, continue providing support and resources to assist Senegalese authorities in developing a comprehensive legal asylum system, based on fundamental rights and in line with the guidelines and practices of the UNHCR, including additional capacity-building support to Senegalese national human rights institutions and civil society organisations focusing on human rights; provide fundamental rights training to the relevant Senegalese authorities as a core component of executive operations in the country, including on search-and-rescue obligations and on the rights of those concerned, including appeals to complaints;

Addedm. ensure that any potential future Frontex deployment will take place in a legal context where access to international protection procedures for persons in need, including access to information, legal assistance, interpretation services and necessary support, can be effectively exercised and where the independence of judicial and human rights institutions is guaranteed;

Addedn. include, in the potential status agreement, provisions and guarantees for adequate human rights protection in order to ensure that Senegalese authorities respect fundamental rights during operations, including provisions on monitoring compliance, as well as clear options that will ensure accountability in the event of violations; ensure that the Senegalese authorities set up an independent and effective complaints mechanism, in line with the complaints mechanism established by Frontex in accordance with Article 111 of Regulation (EU) 2019/1896;

Addedo. uphold, at all times, the highest standards of human rights law during negotiations and implementation of status agreements and ensure compliance with all relevant conventions, agreements and standards related to human rights to which the EU is legally bound;

Addedp. keep the European Parliament fully and regularly informed on all steps of the negotiations process, in accordance with Article 218(10) TFEU, and, in general and inform the European Parliament before opening negotiations with third countries on a status agreement;

Added9.2 Frontex

Addeda. ensure effective, proactive and timely consultation with the FRO when deciding whether to launch a joint operation in Senegal, in line with the requirements of Regulation (EU) 2019/1896; share FRO opinions on the operational plans in third countries with the European Parliament;

Addedb. establish a robust, independent, efficient and easily accessible complaint mechanism for non-EU nationals and persons potentially affected by Frontex’s actions on the territory of Senegal in to effectively seek remedy through external bodies, such as the European Ombudsman, the CJEU or a different entity; ensure that this complaint mechanism guarantees the anonymity and confidentiality of individuals reporting on Frontex activities that violate human rights;

Addedc. conduct periodical evaluations of joint operations in Senegal, with a focus on fundamental rights; share them with the European Parliament and the Council and make them publicly available;

d. ensure the right of public access to documents for individuals residing outside the EU;

Change 7

Changed8.10. Strongly urges the Commission and Frontex to takeadopt the following concrete measures without further delay, should negotiations for a status agreement between Frontex and Senegal ever be opened:concluded:

Change 8

Changed8.110.1 European Commission

Change 9

Removeda. include explicit safeguards to allow deployed officers to disregard orders issued by the third country’s authorities that contradict Frontex’s fundamental rights obligations that derive from EU and international law;

Addeda. ensure and share a periodical evaluation of the application of its provisions and of the joint operational activities, with a focus on the impact on fundamental rights, and include an adequate fundamental rights monitoring mechanism for Frontex’s activities;

Removedb. ensure that potential future Frontex deployments will take place in a legal context where access to international protection procedures for persons in need, including access to information, legal assistance, interpretation services and necessary support, can be effectively exercised;

Added10.2 Frontex

Removedc. include, in the potential status agreement, provisions and guarantees for adequate human rights protection to ensure that Senegalese authorities respect fundamental rights during operations, including provisions on monitoring compliance and clear options that will ensure accountability in the event of violations; ensure that the Senegalese authorities set up an independent and effective complaints mechanism, in line with the complaints mechanism established by Frontex in accordance with Article 111 of Regulation 2019/1896;

Addeda. ensure consistent, regular and transparent reporting on Frontex’s activities in Senegal under any potential status agreement, with a focus on human rights compliance and the human rights context in the country;

Removedd. keep the European Parliament fully and regularly informed on all steps of the negotiations process in accordance with Article 218(10) TFEU;

Addedb. involve the Frontex Consultative Forum on developments related to the status agreement, in accordance with Article 108 of Regulation (EU) 2019/1896, and consult with it, in line with its working methods and mandate, including on the possible organisation of an on-the-spot visit to Senegal; enable non-governmental stakeholders from third countries where Frontex is active or plans to be active to apply for membership of the Frontex Consultative Forum;

Removed8.2 Frontex

Addedc. fulfil its responsibility for addressing direct and indirect human rights violations by its staff in Senegal, in line with its existing procedures, in order to ensure accountability;

Removeda. ensure consistent, regular and transparent reporting on Frontex activities in Senegal under any potential status agreement, with a focus on human rights compliance and the human rights context;

Addedd. ensure that any operational plan establishing operations on the territory of Senegal should:

Removedb. fulfil its responsibility for addressing direct and indirect human rights violations by its staff in Senegal, in line with existing procedures, in order to ensure accountability;

Addedi. enshrine a robust and formal mechanism to address complaints to Frontex or the relevant Senegalese authorities for actions or failure to act of deployed staff or host staff in the country, in accordance with Article 111 of Regulation (EU) 2019/1896; include clear provisions on follow-up and enforcement tools after complaints are lodged and clearly communicate about this follow-up;

Removedc. ensure that any operational plan establishing operations on the territory of Senegal should:

Addedii. pursue, in cooperation with the Senegalese authorities, a Frontex presence in critical areas where the apprehension of migrants is likely to take place, and ensure that the FRO and Fundamental Rights Monitors have full access to the operational area, in line with the FRO’s standard operating procedure, in order to have an independent mechanism to oversee and evaluate Frontex activities in Senegal, while ensuring clear commitments to transparency and information sharing of Frontex activities;

Removedi. enshrine a robust and formal mechanism to address complaints to Frontex or the relevant Senegalese authorities for actions or any failure to act of deployed or host staff in Senegal, in accordance with Article 111 of Regulation 2019/1896, and include clear provisions on the follow-up and enforcement tools after complaints are lodged, while clearly communicating about this follow-up;