Changes from report parliamentary committee draft to plenary report

Change 9 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Added9. Recalls the Agency’s vital contribution to the implementation of the CFP, in particular as regards fisheries control and the fight against illegal, unreported and unregulated fishing; welcomes the strengthening of the Agency’s chartered offshore patrol vessels (OPV) to carry out fisheries controls and inspections in Union and international waters and to support national authorities; underlines the participation of the Agency in major international coalitions against illegal fishing, such as the Programme for Improved Regional Fisheries in Western Africa (PESCAO) operation;

Added10. Notes that, in 2022, the Agency reported 47 592 inspections (at sea and ashore), which led to the detection of 5 167 suspected infringements, representing a decrease in inspections of 11 % and an increase in suspected infringements of 28 % on the 2021 figures, respectively; points out that that observed decrease is not necessarily linked to a decrease in Member States’ control efforts; invites the Agency to provide more detailed information on the reasons for those changes; points out that inspections and other follow-up activities play a key role not only in the proper management of fish stocks but also in ensuring a level playing field for Union fishers;

Added11. Highlights the role of the Agency in offering capacity-building and training to third countries and the Agency’s crucial role in securing a level playing field with all coastal states;

Change 10 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Changed7.12. Highlights that the Agency continues to benefit from the efficiencies gained by adhering to the roadmap of the Commission in terms of on boardingon-boarding their existing corporate IT systems (SUMMA, e- Procurement pre-award and post-award modules, MIPS, AGM, Sysper modules, PPMT, etc.); notes thatthat, in addition to the advantages found on the integration aspects between all thesethose systems, there are clear benefits infrom reducing the maintenance costs of supporting the amendments and updates;

Change 11 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Changed9.14. Draws attention to the centralisation of common administrative tasks that has also been successful in findingachieving efficiencies; takes note that the financial initiation and verification continue to be centralised, which allows for greater control of transactions, unifying the methodologies and containing the knowledge in thesethose areas;

Change 12 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Changed10.15. Notes that another efficiency gain in the area of Human Resources is achieved by sharing existing reserve lists of recruitment procedures with other agencies where the profile of the reserve list matches the needs of the requesting agency; notes that this practice allows use to makebe usemade of the reserve list of another agency, without the need to organise a resource-consuming recruitment procedure;

Change 13 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Added16. Takes note of the Agency’s continued cooperation with the European Border and Coast Guard Agency (FRONTEX) and the European Maritime Safety Agency (EMSA) to support national authorities carrying out coastguard functions in line with Article 8 of Regulation (EU) 2019/473; considers that cooperation to be an example of synergy between Union agencies that should inspire agencies in other areas; calls on the Agency to continue its efforts in that regard and considers it appropriate also to increase the cooperation between the Agency and the European Environment Agency;

Change 14 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Changed11.17. Notes that, on 31 December 2022, the establishment plan was 96,10 % filled, with 74 temporary agents appointed out of 77 authorised under the Union budget (65 authorised posts in 2021); notes that, in addition, 11 contract agents, six seconded national experts (SNEs) and 16 interim staff and consultants have worked for the Agency in 2022; notes furthermore thatthat, additionallyin addition, a total of 13 contract agents were supported by ad hoc grants and contribution agreements across various projects;

Change 15 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Changed12.18. Takes note of the reorganisation that took place in February 2022 to adjust the organisation to the additional tasks and resources assigned to the Agency to enhance the necessary operational capacity for assisting in the monitoring, control and surveillance of fisheries as required by the Common Fisheries Policy (CFP),CFP, including the measures entailed by the Trade and Cooperation Agreement (TCA)TCA with the UK,United Kingdom, and several new projects under the contribution agreements; highlights that the increase ofin staff was of almost 50 % as compared to the situation at the beginning of 2021, including temporary agents, contract agents and SNEs;

Change 16 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Changed13.19. Takes note of the Authority’sAgency’s policy of promoting equal treatment of staff and of its goal of gender equality in terms both of numbers and of grades and responsibility levels; acknowledges the gender balance within the Authority’sAgency’s overall staff, with 54 out of 106 (51 %) being women; highlightsdeplores the fact that 38 % of the staff of grade AD 8 (administrator’s function group, grade 8) and higher were female (same(the same as in 2021); recalls the importance of ensuring gender balance and calls on the Agency to take that aspect into consideration with regard to appointments within its senior and middle management; notes that although the Agency has not adopted the “Charter on diversity and inclusion” in 2022, its actions were addressed to comply with the goal 5 of the Sustainable Development Goals on Gender EqualityEquality, as stated in its objectives;

Change 17 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Removed14. Takes note that since 1 October 2022, the Agency applies the rules on working time and hybrid working of the European Commission by analogy;

Added20. Notes that as of 31 December 2022, the Agency has employed staff from 18 Member States; notes that 33 % of its staff are nationals of the Member State where the Agency is located; recalls the importance of geographical balance and encourages the Agency to continue to take the necessary measures to have a balanced and fair geographical representation;

Added21. Takes note that, since 1 October 2022, the Agency applies the rules on working time and hybrid working of the Commission by analogy;

Change 18 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Changed16.23. Is aware that the Agency publishes on its website the declaration of interests and CVscurricula vitae (CVs) of its Administrative Board members and of senior management; notes, furthermore, that the Agency updates regularly the table with all the meetings convened between its Executive Director and staff with organisations and self-employed individuals engaged in Union policy-making and policy implementation so as to ensure full transparency and trust in the Agency’s activity and notes that the table is available through its website;

Change 19 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Removed17. Takes note the Agency applies its Conflict-of-Interest policy to its staff, SNEs, remunerated external experts, trainees and members of the Administrative and the Advisory Board; notes that it is communicated to its staff through the intranet and training, and servants and experts commit for compliance by signing declarations and confidentiality undertakings; notes furthermore that specific provisions on conflict of interest for the Agency contractors, including temporary agency personnel (interims) providing services, are laid down in the general conditions of the Agency’s contracts;

Added24. Calls on the Agency to continue regularly to update and make publicly available the information on relevant Executive Director and staff meetings with organisations or self-employed individuals engaged in Union policy-making and policy implementation so as to ensure full transparency and trust in the Agency’s activity;

Removed18. Acknowledges that the Agency has an anti-fraud strategy in place since 2014, regularly updated and currently focusing on implementing actions to mitigate fraud risks identified in risk assessments; notes that the latest update in 2022, approved by the Administrative Board, emphasizes continuous efforts in raising awareness on ethics and integrity;

Added25. Takes note the Agency applies its conflict of interest policy to its staff, SNEs, remunerated external experts, trainees and members of the Administrative and the Advisory Board; notes that it is communicated to its staff through the intranet and training, and other servants and experts commit for compliance by signing declarations and confidentiality undertakings; notes furthermore that specific provisions on conflict of interest for the Agency contractors, including temporary agency personnel (interims) providing services, are laid down in the general conditions of the Agency’s contracts;

Added26. Acknowledges that the Agency has had an anti-fraud strategy in place since 2014, which is regularly updated and is currently focusing on implementing actions to mitigate fraud risks identified in risk assessments; notes that the latest update in 2022, approved by the Administrative Board, emphasises continuous efforts in raising awareness on ethics and integrity;

Change 20 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Changed19.27. Takes note thatthat, according to the CourtCourt, in 2022,2022 the Agency signed a framework contract to the value of EUR 90 million for chartering three vessels,OPVs, with an initial duration of 24 months, to be tacitly renewed four times, each time for an additional 12 months, up to six years in total; recalls that point 1.1 of Annex 1 pointto 1.1Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (the Financial RegulationRegulation) allows framework contracts with a duration of more than four years, but only in exceptional, duly justified cases; notes that the Agency justified the longer contract by the need to ensure an adequate return on investment to contractors, who were required to fit out the vessels with rigid-hull inflatable boats; notes furthermore that the Court found thisthat justification to be insufficient, because the fit-out costs were estimated at around only 1 % of the total value of the contract andand, additionally,in addition, the Agency retained the option to terminate the contract unilaterally after the first two years and after each subsequent year, which undermines the argument that the contractor needed a guaranteed six-year contract duration to secure a return on investment; highlights that the Court will consider subsequent associated payments irregular if the contract is extended beyond the four-year limit; observes that according to the Agency when preparing the procedure, the Agency considered that a normal four-year contract duration may not have been perceived by the market as providing sufficient return on investment and the successful delivery and continuity of the service subject of the related Frameworkframework contract is critical for the its core operations;

Change 21 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Changed20.28. Recalls the importance, for all procurement procedure,procedures, toof ensureensuring fair competition between tenderers and toof procureprocuring goods and services at the best price, respecting the principles of transparency, proportionality, equal treatment and non-discrimination; calls on the Agency to improve its public procurement procedures, ensuring full compliance with the applicable rules, so that they achieve the best possible value for public resources;

Change 22 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Changed21.29. Expresses concern onregarding the Court’s finding that the procedures used for selecting and contracting external experts systematically lacked an adequate audit trail required under Article 36(3) of Regulation (EU) the Financial Regulation; notes that specifically, there was insufficient evidence obtained to support that experts were assigned to tasks based on pre-defined selection criteria related to their relative merits and that the principles of non-discrimination and equal treatment outlinedset out in Article 237 of the Financial Regulation were adhered to; calls on the Agency to strengthen its internal processes for selecting and contracting external experts and to report back to the discharge Authorityauthority on any steps taken in this regard;

Change 23 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Changed22.30. Notes with concern that according to the Court, in May 2022, the Agency launched a negotiated procedure without prior publication of a contract notice for the lease of offshore patrolan vesselOPV to be used in the waters between the EUUnion and the UK,United Kingdom, signing the contract in June 2022 to bridge a gap between previous and upcoming contracts under an ongoing open procedure which had lasted longer than initially expected; takes note that hethe Agency justified the urgency using an exception in the Financial Regulation, citing unforeseeable events which is an exception permitted by point 11.1 (c) of Annex I to the Financial Regulation; observes that the Court concluded that, while some of the factors which produced thisthat urgency may not have been foreseeable, some others were and the fact that they were not adequately taken into account indicates a weakness in the Agency’s planning and its management of the procurement for chartering the three vessels; calls on the Agency to address and rectify the weakness in its planning and procurement management, as indicated by the CourtCourt, and to report back as soon as possible to the discharge authority on the measures taken in thisthat regard;