Changes from report parliamentary committee draft to plenary report

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

Changed7. Takes note of the fact that the Agency conducted various activities in 2022 to fulfil its role in supporting the European Union; notes that while the Agency was able to offer its support to several policy files, such as Networknetwork and Information Security Directives (NISD2), Cyberinformation Resiliencesecurity, Actcyber (CRA)resilience and Digital Operational Resiliencedigital Actoperational (DORA),resilience, resource constraints prevented the Agency from actively supporting policy files with cybersecurity provisions, such as the European Healthhealth Datadata Space,space, and other key policy files, such as the Digital Marketsdigital Actmarkets and the Digital Servicesdigital Act;services; notes that other activities included informing policymakers about the effectiveness of existing cybersecurity frameworks and providing support to critical sectors; notes furthermore that the adoption of newDirective Network(EU) 2022/2555 of the European Parliament and Informationof Securitythe DirectivesCouncil (NISD2)(NIS 2 Directive) stands out as a measure to address challenges and harmonizeharmonise policies across the EU;Union; understands that the lack of harmonizationharmonisation in NIS1Dthe NIS 1 Directive implementation led to a fragmented policy landscape, addressed by NISD2;the NIS 2 Directive; is aware that the latter expands its scope introducing new horizontal tasks for the Agency, such as the EUUnion register for digital entities; highlights that the Agency adjusted its services and resources with a new strategy to meet the evolving demands of the cybersecurity landscape;

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

Changed10. Welcomes the Agency’s contribution to the promotion of shared services among agencies through several networks in the areas of procurement, HR,human resources, ICT, risk management, performance management, data protection, information security and accounting; points out the horizontal benefits of working together and adapting best practices and that joint initiatives bring together diverse perspectives, reduce duplication of effort, enhance learning and strengthen relationships between the participants; encourages the Agency to find internal procedures that could be streamlined via new IT tools;

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

Changed11. Notes with satisfaction the involvement of the Agency in the pilot exercise within the EU Agencies Network intended to support EUUnion agencies to increase their preparedness for the upcoming new cybersecurity regulation;

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

Added12. Recalls the importance of increasing the digitalisation of the agency in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the agency to continue to be proactive in this regard in order to avoid a digital gap between the agencies;

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

Changed13.14. Notes with concern the lack of gender balance within the Agency’s senior and middle management with 12 out of 17 being men (71 %)%); considers that the gender balance within the Agency’s senior and middle management needs to be improved; recalls the importance of ensuring gender balance and calls on the Agency to take this aspect into consideration with regard to future appointments within its senior and middle management; takes note of the gender distribution within the Agency’s management board, with 41 out of 55 (75 %) being men; however, understandsacknowledges that the gender balancecomposition of the management board depends to a large extent on theMember factState thatnominations; itsinsists membersthat arethe secondedCommission byand the Member States;furtherStates take into account the importance of ensuring gender balance when nominating their members to the Agency’s management board; notes the balanced gender distribution within the Agency’s staff overall, with 57 men (52%)(52 %) and 4853 women (53%); takes(48 note%); ofnotes the steps taken by the Agency with the aim to tackle issues within relation to gender balance which includes the revision of its recruitment policy with a view to encourageencouraging applications from women; notes furthermore that the Agency has planned in its Corporatecorporate Strategystrategy to obtain EU Agency’s Network Certificate of Excellence in Diversity and Inclusion by the end of 2025;

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

Removed14. Notes with concern that during the development of the 2023 work program, the Agency identified a resource shortfall of EUR 734 000 and two FTEs in operations, and EUR 2,5 million in corporate services; notes furthermore that a thorough evaluation of human resource needs for 2023-2025 revealed a significant gap, particularly in critical activities and without additional posts, the Agency may need to prioritize and adjust future work programs to offset the resource shortfall; takes note that the Management Board has also expressed the need to increase staffing posts for the Agency to be able to fully deliver its mandate in a sustainable manner;

Added15. Notes that the Agency has a policy on protecting the dignity of the person and preventing psychological and sexual harassment, and that the Agency is part of the interagency task force of confidential counsellors; looks forward to receiving their report and recommendations; notes that there were no reported cases of harassment in 2022 and encourages the Agency to continue and develop the work to prevent cases in the future as well;

Added16. Raises concerns about the geographical imbalance within the Agency’s senior and middle management and other staff, with a 40,9 % representation of Greek nationals; insists that improvements have to be made; asks the Agency to report back on this to the discharge authority;

Added17. Notes with concern that during the development of the 2023 work programme, the Agency identified a resource shortfall of EUR 734 000 and two FTEs in operations, and EUR 2,5 million in corporate services; notes furthermore that a thorough evaluation of human resource needs for 2023-2025 revealed a significant gap, particularly in critical areas of activity and without additional posts, the Agency may need to prioritise and adjust future work programs to offset the resource shortfall; takes note of the fact that the Agency’s management board has also expressed the need to increase staffing posts for the Agency to be able to fully deliver its mandate in a sustainable manner;

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

Changed16.19. Notes that the Agency in 2022 the Agency continued with its complementary support to staff in vouchers, internet reimbursement and fit@work programme and developed its code of conduct, outlining Agency’s expectation regarding staffmembers members’of staff behaviour and conduct;

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

Changed17.20. NotesNotes, with concern, that the Court found two cases where the Agency had awarded low-value contracts (below EUR 15 000) without issuing an evaluation report and an award decision duly approved and signed by the authorising officer which contravenes points 30.3 and 30.4 of Annex I to the Financial Regulation; recalls in this regard that the Court made a similar observation in their 2021 report and the Agency’s reply stating that it had already taken the necessary steps to address this concern; insists on the importance to implementing procedures to ensure full compliance with the Financial Regulation; calls on the Agency to address the issues raised by the Court and report backany developments in that regard to the discharge authority;

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

Changed18.21. Takes note that according to the Court, during 2022 ,2022, the Agency offered its managers a professional appraisal performed by an external provider, designated by the Agency; notes that in three cases, the Agency paid the provider directly for these services, while in the remaining 23 cases, it reimbursed its managers, who had paid the provider themselves; observes that the total amount paid by the Agency for the 26 appraisals was EUR 120 276; regrets that the Agency selected the provider without launching an open procurement procedure, and for this reason the Court concluded that thesethose payments were irregular; calls on the Agency to address the issues raised by the Court and report back to the discharge authority on any measures taken on this matter;

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

Changed21.24. Notes that the Agency has not reported any cases of conflict of interest in 2022; further notes the Agency’s adoption of theits Managementmanagement Boardboard Decision 15/2021 on the prevention of conflictconflicts of interest and the update of the templates for the declarations; insists on the importance of having procedures in place for monitoring compliance with the rules related to ‘revolving door’doors’ and actively monitoring the professional activity of their senior staff members (includingof the staff, including those thatwho have left the agency within the last two years)years, in order to be able to detect undeclared ‘revolving door’doors’ situations;

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

Changed22.25. Takes note that the calendar of the meetings between the Agency's Managementmanagement and external stakeholders is publicly available on its website;

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

Added26. Recalls the importance for the Agency to develop greater visibility in the media, internet, and social media in order to make its work known to the citizens;

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

Changed23.27. Notes that the IASinternal audit service conducted in 2021 an audit on strategic planning programming and performance management and issued its final audit report in April 2022, with three important recommendations notes further the Agency’s agreement with the audit observations and having taken the necessary steps to address thesethose concerns;

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

Changed24.28. Observes that according to the Court the Agency has no pre-determined model assessmentassessment, (i.e.namely guidelines)guidelines, to help the evaluation committee to assess the tenders; notes that this entails the risk that the tenders may not be evaluated consistently by each member of the evaluation committee; calls on the Agency to address this issue raised by the Court and report back to the discharge authority;

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

Changed25.29. Takes note that in 2022, the Agency performed ex post controls of financial transactions made during 2021 financial year as per Article 45(8) and (9) of theCommission ENISADelegated financialRegulation regulation;(EU) 2019/715; draws attention to the fact that three weaknesses were identified, leading to three recommendations on financial transactions, none of which was deemed critical; observes that to address the main weakness, weekly monitoring of time to payment was introduced in 2022 to alert the relevant financial staff to urgent transactions remaining to be processed, to comply with the legal framework on payment time limits;

Change 24 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Changed26.30. Notes that in 2022, the assessment of the effectiveness of the internal control systems of the Agency was based on the indicators of the framework, and also additional information from specific (risk) assessment reports, audit findings and other relevant sources; observes that the assessment of the Agency's internal controls indicates reasonable assurance in facilitating effective and efficient operations, ensuring quality reporting, and compliance with regulations but some improvements are needed in relation to certain principles to increase effectiveness and ensure proper implementation of the internal controls; calls on the Agency to report back to the discharge Authorityauthority on theits followfollow-up upaction on the improvements assessment;

Change 25 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Changed27.31. Notes that the Agency has implemented important measures in order to increase cyber security protection, such as secure email solution (SECEM2), red team exercise and follow-up fixes &and hardening, decommissioning of legacy systems, update of internal cybersecurity policy framework, among others;framework;

Change 26 under “3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION”

Changed28.32. Welcomes that the Management Boardfact ofthat the AgencyAgency’s management board added to the Agency's Single Programming Document 2022-2024 the goal for the Agency to achieve climate neutrality across all its operations by 2030; notes that with the adoption of ENISA’sthe Agency’s corporate strategy, the EMAS certification and green public procurement are key objectives of the Agency; takes note of the fact that the certification process is expected to be completed in the course of 2024;