Changes from report parliamentary committee draft to plenary report

Addediii. ensure that the FRO permanently deploy a Fundamental Rights Monitor to oversee operations in Senegal and monitor the cooperation in relation to fundamental rights, in accordance with Regulation (EU) 2019/1896;

Removedii. pursue, in cooperation with the Senegalese authorities, a Frontex presence in critical areas where the apprehension of migrants, or violence or degrading treatment against them, is likely to take place, and provide full access to the operational area to the FRO and Fundamental Rights Monitors, in line with the FRO’s standard operating procedure, in order to allow for an independent mechanism to oversee and evaluate Frontex activities in Senegal, while ensuring clear commitments to transparency and information sharing of Frontex activities;

Addediv. include special guidelines for the processing of asylum requests from vulnerable migrants, most notably children, unaccompanied minors, women, LGBTQI+ persons and members of communities that face targeted violence or discriminatory prosecution in their country of origin;

Removediii. ensure that the collection and analysis of any personal data are fully compliant with Regulation (EU) 2018/1725 and respects fundamental rights;

Addedv. ensure meaningful consultation, dialogue and engagement with civil society organisations and relevant stakeholders throughout the planning, implementation, and evaluation of its operations in Senegal; including the dissemination of information;

Removedd. ensure that national and human rights institutions and civil society organisations have access to all the information deemed necessary for them to scrutinise the impact of the status agreement in Senegal and to scrutinise the conduct of Senegalese security forces and Frontex while conducting migration management, as well as the human rights risks and consequences;

Addedvi. ensure that the collection and analysis of any personal data are fully compliant with Regulation (EU) 2018/1725 and respect fundamental rights;

Removed9. Requests that the CJEU formally assess whether the status agreement as negotiated is compatible with the Treaties, as enshrined in Article 218(11) TFEU, especially related to Frontex’s accountability for actions performed on the territory of Senegal, in the light of the significant differences between the legal framework of the EU and Senegal;

Addede. sign a Memorandum of Understanding with Senegal in order to align complaint mechanisms;

Removed10. Instructs its President to forward this recommendation to the Council, the Commission, the European Border and Coast Guard Agency, its Fundamental Rights Officer, the Government of Senegal and the signatories to the Cotonou Agreement between the European Union and the group of African, Caribbean and Pacific countries.

Addedf. ensure that national and human rights institutions and civil society organisations have access to all the information deemed necessary for them to scrutinise the impact of the status agreement on migration management in Senegal, as well as any human rights risks and consequences; in accordance with Regulation (EC) 1049/2001;

Added11. Recalls that human rights violations of a serious nature or that are likely to persist are cause for the presence of Frontex personnel to be questioned and should trigger a re-evaluation or suspension of the Frontex deployment in Senegal, in accordance with Article 46(4) of Regulation (EU) 2019/1896 and Article 18 of the model status agreement; calls on Frontex to denounce any such actions in order to avoid all complicity in human rights violations and to cooperate with relevant authorities to ensure the prompt and impartial investigation of any alleged human rights abuses;

Added12. Calls for the EU and Senegalese authorities to enable inclusive, constructive and transparent dialogue; stresses, in this context, the importance of the EU engaging in regular dialogue with local human rights organisations and other NGOs regarding the human rights situation in Senegal;

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Added13. Instructs its President to forward this recommendation to the Council, the Commission, the European Border and Coast Guard Agency, its Fundamental Rights Officer, the Government of Senegal and the signatories to the Samoa Agreement between the European Union and the group of African, Caribbean and Pacific countries.