Changes from adopted text to adopted text

Removed59. Observes that the accounts of eu-LISA include a disclosure regarding the financial situation of a key contractor with two active framework contracts; notes that eu-LISA has two active framework contracts with a contractor that is a member of a consortium and that this contractor replaced its parent company in the contracts and is responsible for implementing and maintaining the Entry Exit System and providing services under the Transversal Operations Framework Lot 1; takes note that the outstanding contracted amounts are EUR 97,5 million and EUR 41 million respectively; notes that in order to address potential risks related to the financial viability of the parent company, eu-LISA closely monitors the contractor’s financial health using independent risk assessment tools and direct queries; notes that additionally, eu-LISA regularly assesses the progress of Assets under Development (AuDs) to ensure no adverse impacts on their mandate and are proactive in managing and mitigating risks associated with supply chain disruptions within the limits of the financial rule ;

Removed60. Recalls the recurrent different approaches of Frontex and the Court regarding the calculation of contributions from Schengen Associated Countries (SAC) to Frontex’s budget; takes note that the Court considers Frontex’s interpretation to be flawed, leading to the SAC contributing around EUR 3,5 million (7 %) less to Frontex’s budget than the size of their economies, in relation to the economy of the Union, would dictate; takes note that the accounting officer ad interim examined the situation and, similar to the MB, considers that there is no need for Frontex to revise the current calculation methodology concerning the contribution of the SAC to the budget of Frontex ; takes note of Frontex’s follow-up report to the 2022 discharge report which states that the agency does not intend to change the methodology used for these calculations; asks the Agency to report back to the discharge authority with a detailed explanation of the methodology used in these calculations;

RemovedPerformance

Removed61. Notes that the Common Approach on decentralised agencies introduces the concept of Key Performance Indicators (KPIs) aimed at improving performance tracking for the agencies;

Removed62. Notes, in addition, that according to the roadmap developed by the Commission , the KPIs should be developed concerning the work of both the agency and its Director; notes, moreover, that the Commission also proposed that templates be developed for the annual work programme or the evaluation;

Removed63. Points out that, according to the Roadmap, KIPs should be developed on an annual basis by the agencies and the Commission and therefore change year-to-year, making tracking the performance of the agency over a longer period difficult as some KPIs might not be followed over several years;

Removed64. Recommends that the Agencies take action to meet outstanding or delayed indicators and regularly adjust their KPIs to enhance performance;

Removed65. Underlines that the Commission’s guidelines for the KPIs for Directors of EU decentralised agencies focus entirely on the performance of Directors of the agencies, i.e., mainly related to budget and human resources management and are not used to giving an assessment of the results or of the efficiency and effectiveness of the operations under the agencies’ mandates ;

Removed66. Stresses, moreover, that, because there is no standard approach for presenting the KPIs in the Annual Activity Reports (AARs) of the agencies, it is difficult to have an overview of the status of the performance of each agency;

Removed67. Underlines that based on Court’s conclusions, the KPIs do not contribute to tracking the performance of the agencies in terms of operations and financial and human resource management;

Removed68. Calls for an independent performance review of all agencies to assess whether their activities effectively align with Union policy priorities and deliver tangible results; insists on the introduction of performance-based budgeting and efficiency benchmarks to ensure optimal resource allocation and impact-driven governance;

Removed69. Welcomes the fact that the ECHA, in cooperation with the European Food Safety Authority (EFSA), has taken steps to promote the ‘one substance – one assessment’ principle to ensure greater consistency in the hazard and risk assessment of active substances; calls on the agencies to continue to promote cooperation with other EU agencies and international organisations and to foster dialogue with stakeholders and citizens;

Removed70. Recalls the Unions ‘zero tolerance’ approach to Illegal, Unreported and Unregulated (IUU) fishing and the European Fisheries Control Agency (EFCA) vital contribution to the implementation of the common fisheries policy (CFP), in particular in relation to fisheries control and the fight against IUU fishing;

Removed71. Stresses the primarily responsibility of Member States for the control of fishing activities, while the Agency’s tasks are limited to support and coordination, as well as to providing assistance to the Member States in this area; calls on the Agency to support Member States’ monitoring and identification of serious infringements concerning forced labour and to provide adequate training for inspectors on these serious infringements;

Removed72. Calls on EUSPA to continue its efforts as a key contributor to the implementation of the EU Space Programme, reinforcing the Union’s industrial base, competitiveness and innovation; encourages prioritisation of European procurement, particularly in areas critical to the resilience, strategic autonomy and sovereignty of the Union; highlights the vital role of Galileo and its Public Regulated Service in Union security and defence, alongside the short-term benefits of GOVSATCOM and the long-term strategic value of IRIS2; stresses that Union defence and security capability initiatives should leverage the expertise and infrastructure of the Union’s space sector to avoid unnecessary duplication;

Removed73. Takes note of the new interoperability roadmap; acknowledges that the new timeline for the roll-out and interoperability of Union information systems was necessary due to delays in development of the Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS) and European Criminal Records Information System on third-country nationals (ECRIS-TCN); underlines that swift, effective and reliable information exchange, in accordance with the applicable legislation, is critical for sustaining and strengthening the Union’s area of freedom, security and justice; in this regard acknowledges the work and improvements achieved by eu-LISA;

Removed74. Notes the efforts of the Translation Centre for the Bodies of the European Union (‘the Centre’) to enable and promote multilingualism in the Union, for example as regards communications of the EU agencies and the development of terminology in specialised subject areas to improve the quality of translations; welcomes the setting up of a working group on artificial intelligence (AI) in June 2023 and the decision to take the work of that group further in a new advisory group on AI;

Removed75. Calls on EFCA to support Member States’ monitoring and identification of serious infringements linked to the application of Article 90(2), point (p) of Regulation (EU) 2023/2842 of the European Parliament and of the Council concerning forced labour, and to provide adequate training for inspectors on these serious infringements;

Removed76. Notes that, in 2023, EFCA reported 44 993 inspections (at sea and ashore), which led to the detection of suspected infringements in at least 4 230 of those inspections; notes that these data collectively represent a slight decrease in the total number of inspections (5 % less inspections compared with 2022), as well as a 18 % decrease in the total number of inspections where suspected infringements were detected; 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;

Removed77. Commends Eurojust’s efforts towards the digitalisation of justice, namely the implementation of a new Case Management System following the latest amendment to the Eurojust Regulation and the implementation of the new JITs Collaboration Platform ; notes the role of Eurojust as the contact point for third countries and international organisations regarding ECRIS-TCN requests in the context of criminal proceedings;

Removed78. Stresses the importance of Eurojust’s continued support to Ukraine, by the JIT investigating alleged core international crimes committed in Ukraine, by operating the Core International Crimes Evidence Database (CICED) to preserve, store and analyse evidence of core international crimes in a single, secure, central database, by ensuring a safe digital data transmission method for the evidence submission and its analysis; further welcomes the launching of the new International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA) at Eurojust with the aim of supporting national investigations and agreeing on common investigative and prosecution strategies and by actively contributing to the work of the Seize and Freeze taskforce in order to ensure the effective implementation of Union sanctions across the European Union;

Removed79. Highlights the role of FRA as a key guardian of fundamental rights and the rule of law, as enshrined in the Charter of Fundamental Rights and commends its support to ensure the respect, protection and fulfilment of fundamental rights in existing EU laws and policies in the field of equality and anti-discrimination, such as Union law and policies combating racism and antisemitism and islamophobia, supporting the collection of equality data and the implementation of equality and anti-racism strategies such as the national Roma strategic frameworks and providing input for to the mid-term review of the 2020–2025 LGBTIQ equality strategy, the protection of civil society and of at-risk human rights defenders, as well as supporting the revision of the victims’ rights directive, the Anti-racism Action Plan and the Union Strategy on combating antisemitism and fostering Jewish life and advising on the fundamental rights compliance regarding the development and use of AI systems and the implementation and use of Union funds;

Removed80. Emphasises FRA’s guidance and engagement in the area of asylum and migration, borders and interoperability and its important focus on fundamental rights, Member States’ international obligations and Union human rights law in this area, including cooperation with the European Union Asylum Agency (EUAA) with a view to enhancing the understanding of the importance of guardians and legal representatives assisting unaccompanied children seeking international protection within the Union and the training provided to staff of Europol enhancing awareness and understanding of fundamental rights considerations in relevant operational contexts; welcomes FRA’s timely input on the implementation of the temporary protection directive in the context of refugees fleeing from Ukraine, on identifying the challenges with regard to the implementation of Union law on long-term residence, as well as on identifying the shortcomings in the visa code and the list of actions the Union and its Member States can take to reduce fatalities at sea;

Removed81. Welcomes FRA’s contribution to the evaluation of the European Border and Coast Guard Regulation (‘the EBCG Regulation’), participation in European Border Coast Agency (Frontex) management board meetings and co-chairing the Frontex Consultative Forum on Fundamental Rights and cooperation with the Fundamental Rights Office at Frontex;

Removed82. Notes with satisfaction that FRA provided fundamental rights analysis and expertise to support the activities and work of other EU justice and home affairs (JHA) agencies, including the EUAA, Frontex, Europol, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) and European Union Agency for Law Enforcement Training (CEPOL); welcomes FRA’s contributions in 2023 to advancing the respect for fundamental rights, including through guidance on Union funds and addressing challenges posed by new technologies; calls on FRA to determine the extent to which the rule of law and fundamental rights are intrinsically linked, and how its work could be incorporated or developed in synergy with that of the European Commission in the framework of the annual Rule of Law Report;

Removed83. Commends Europol’s successful deployment of PERCI (EU Platform on Illegal Content Online), particularly with the full implementation of the European Data Protection Supervisor (EDPS) recommendations; appreciates the strong cooperation with EDPS and the joint working group established with Frontex to follow up on EDPS’ recommendations in relation to Frontex’s PeDRA (Processing personal data for risk analysis) programme where both agencies share a strong interest in protecting fundamental rights while advancing security;

Removed84. Welcomes the implementation of the Europol Regulation as amended in 2022, especially the swift appointment of an FRO in January 2023, marking a significant step towards enhancing Europol’s commitment to human rights in its operations;

Removed85. Acknowledges the importance of localised initiatives that strengthen health systems and environmental initiatives, while increasing collaboration with Member States and Agencies (ECDC, ECHA, EEA, EFSA, EMA); calls for improvement in the funding distribution approach, prioritising the reduction of administrative burdens and channelling resources directly to final recipients by simplifying procedures to enhance accessibility to economic players on the ground;

Removed86. Notes that following the assessment by the Directorate-General for Mobility and Transport, which ensures supervision of the three Agencies, their 2023 performance of the three Agencies (EASA, EMSA, ERA) was in full alignment with the agreed objectives of the Commission: the regular monitoring and supervision activities did not identify any particular issues that could have a material impact on the assurance, furthermore, the reports from the external and internal auditors did not highlight any major issues that could raise additional concerns for DG Mobility and Transport;

Removed87. Notes that in 2023, EASA significantly strengthened its cooperation with military organisations within the scope provided by the EU Action plan on military mobility 2.0 and is now invited to all NATO Aviation Committee meetings; takes notice of the endorsement of the Agency’s Civil Military Cooperation strategy – its long-time priority – supporting its involvement in certification tasks for military aircraft deriving from civilian ones based on the ‘as civil as possible as military as necessary’ concept;

Removed88. Notes that in 2023, EMSA continued providing highly effective assistance in helping to reduce the impact of the maritime transport sector on the environment, including through its involvement in the numerous initiatives related to European Green Deal; takes particular notice of the technical expertise it provided in the context of the review of the Maritime Safety Package; commends the Agency’s support to the Commission and the Member States in the final adoption of the proposals made as a part of the Fit for 55 package, notably on the extension of the Emission Trading System (ETS) to maritime transport and the FuelEU Maritime Regulation; in this context, appreciates its ongoing research into the potential of various alternative fuels and the associated safety considerations arising from the uptake and deployment of sustainable alternative sources of power for ships; welcomes the adaptation of THETIS-MRV to the requirements of the ETS legislation;

Removed89. Welcomes the five agencies’ (Eurofound, Cedefop. ETF, EU-OSHA, ELA) continued and growing cooperation and sharing of resources among them and with other institutions, including other EU agencies, the Commission and the Parliament;

Removed90. Calls on the Commission to ensure better use of the Agencies’ (Eurofound, Cedefop. ETF, EU-OSHA, ELA) expertise in relevant policy areas regarding for example, elaboration of reports and studies, conducting research and surveys, which can allow for more efficient utilisation of existing Union budget resources compared to alternative solutions; appreciates the five agencies’ efforts to further develop their digital and online communication in order to increase their visibility and raise awareness of their high-impact work; stresses, in this regard, the unused potential in providing for specific, relevant information and the same quality products as external consultants, when the agencies’ mandates allow it;

Removed91. Welcomes the agencies’ efforts (Eurofound, Cedefop. ETF, EU-OSHA, ELA) to implement policies on diversity and inclusiveness, particularly when it comes to persons with disabilities; encourages the agencies to enhance comparable data collection on the employment of persons with disabilities; recognises the progress made within the Agencies towards gender balance within their staff: calls for further efforts to ensure gender balance also at the senior management level and to mainstream gender in all their activities;

Removed92. Notes that budget monitoring efforts during the financial year 2023 resulted in a budget implementation rate of current year commitment appropriations averaging above 97 %, with the exceptions of CdT and ELA, which had rates of 89,55 % and 93,72 % respectively; notes that the agencies exhibiting the lowest execution rate of current year payment appropriations are as follows, listed in ascending order along with their respective percentages: ESA at 47,61 %, Frontex at 55,37 %, EU-OSHA at 68,83 %, ACER at 70,69 % and ECDC at 71,79 %;

Removed93. Notes the increase in the EUAA’s budget in 2023 from EUR 168 million to EUR 170 million (+ 0,77 %) and its staff from 519 to 529 (+ 2 %); reiterates the important role of the European Union Asylum Agency in supporting Member States with the implementation of the Common European Asylum System and monitoring its correct implementation; recalls that in its 2022 European Union Agency for Asylum discharge report, the discharge authority highlighted concerns about the internal management and procedures of the Agency, noting that the European Anti-Fraud Office (OLAF) had initiated an investigation, which has now been concluded, allegedly involving nepotism and other issues affecting its financial management; regrets that the Agency’s executive director avoided to provide answers during the discharge preparatory hearing in CONT Committee; is alarmed that the Board of the Agency refuses to disclose the contents and recommendation of the said OLAF report to the discharge authority; calls on the Agency to make findings of the report available immediately;

Removed94. Considers that the OLAF Final Report (OC-2022-0717) on the EUAA comes to very concerning conclusions on established facts, which put at risk the stability, governance and reputation of the Agency, forcing the decision to postpone discharge to the Agency in relation to the 2023 financial year; recalls, moreover, that OLAF established and quantified a financial impact that cannot be recovered which corroborates the negative impact on the sound financial management of the resources of the agency; requests, therefore, a comprehensive follow-up by the management board detailing all measures taken in order to correct the weaknesses detected;

Removed95. Urges the Agency to fully clarify all open issues, to implement OLAF recommendations in a credible and transparent manner, and to establish robust internal control, ethical oversight, and accountability mechanisms; calls on the Agency to inform the discharge authority about any remedial steps taken without undue delays;

RemovedProcurement

Removed96. Notes with concern that public procurement weaknesses remain the largest source of irregular payments; highlights that the Court made 38 observations on public procurement weaknesses in 2023 (compared to 41 in 2022 and 28 in 2021) ; urges agencies to introduce measures to ensure strict adherence to procurement regulations and the principles of transparency, competition and cost-effectiveness; reminds the need for regular training programs for staff on financial management, procurement rules and fraud prevention; calls for stricter accountability measures ensuring that any persistent deficiencies lead to targeted corrective actions and consequences for repeated non-compliance;

Removed97. Notes that, according to the Court, 13 of the observations on weaknesses leading to irregular payments in 2023 refer to irregularities detected and mentioned in previous audits; notes that for the remaining 25 observations, nine impacted payments and the other 16 did not lead to irregular payments in 2023; notes that the observations of the year that did not affect payments relate to the agencies ACER, EBA, eu-LISA, ESMA, EMSA, ENISA, ERA, EIGE, ECDC, EEA, EUDA, EUAA and CEPOL; takes note of the Agencies replies and calls on them to take measures to correct the weaknesses detected and report back to the discharge authority on the actions taken to address them;

Removed98. Draws attention to the nine observations of the year made by the Court that affect payments; notes that in the case of ENISA, eu-LISA, as well as for ELA, the irregularities detected, along with those identified in previous audits that resulted in payments in 2023 (only for eu-LISA and ELA), form the basis for a qualified opinion by the Court and have been described under heading ‘Overview of the audit results’ of this resolution;

Removed99. Observes that the remaining observations of the year affecting payments refer to CdT, EIGE, EFCA, ERA and EU-OSHA with one observation per agency, with the exception of the latter agency which has two; notes that the reason for the observation as well as the agencies’ reply for the Court’s observation have the following breakdown:

Removed– In the case of CdT the observation refers to the incorrect use of direct award procedure instead of the launch of competitive procedure based on an estimate of future costs, resulting in irregular payments under these contracts totalling EUR 25 800 in 2023; takes note of CdT’s reply that it will organize simplified competitive procedures for maintenance services exceeding EUR 1 000;

Removed– In the case of ERA the observation is related to the signature of a specific contract without a reopening of competition as required by the framework contract which led to a total of EUR 254 400 of payments in connection with this contract; notes ERA’s reply that as from 2024, the agency has started to apply its own reopening of competition for the services in scope;

Removed– EIGE’s observation refers to incorrect application of ex ante checks, exceeding the ceiling of the framework contract, and incorrect application of daily rates which resulted in EUR 76 500 in irregular payments; notes that EIGE will ensure proper implementation of interinstitutional framework contracts with attention to HR-related contracts;

Removed– EFCA used an interinstitutional framework contract for the provision of travel arrangements beyond its scope for acquiring event organisation services and the associated 2023 payments of EUR 257 300 were irregular; notes that according to EFCA, the agency encountered unexpected situations leading to procedural delays and will develop as corrective action, a contingency plan to mitigate the impact of unexpected events;

Removed– EU-OSHA has two observations:

Removed1. Irregularities in awarding three negotiated procedures with a single economic operator, without the publication of a contract notice that according to the Court did not meet the conditions set out in point 11.1(c) of Annex I to the Financial Regulation and led to EUR 67 100 in irregular payments in 2023; takes note of EU-OSHA’s reply that it was in a situation of extreme urgency and had no other viable options to ensure business continuity;

Removed2. Two directly awarded contracts resulted in irregular payments of EUR 29 700; notes that these contracts should have been combined into a single competitive procedure since they were for nearly identical services, contravening Article 160 of the Financial Regulation, which prohibits the splitting of contracts; notes that EU-OSHA will improve the documentation of its market prospections and explore alternative procurement tools;

Removed100. Echoes the Court’s recommendation that, when implementing framework contracts, the agencies concerned should only use specific contracts to procure goods or services covered by the associated framework contract; further echoes the Court’s recommendation that the agencies concerned should also ensure that they comply with the rules given in the Financial Regulation for modifying existing contracts, that specific contracts define the prices quantities and delivery times and that contract implementation is subject to adequate checks relating to these key elements;

Removed101. Recalls the importance for all procurement procedures to ensure quality goods and services, fair competition between tenderers and to procure the most economically advantageous goods and services, giving preference to European companies over non-European companies and respecting the principles of transparency, proportionality, equal treatment and non-discrimination;

Removed102. Insists on the need to strengthen procurement cooperation between EUAN and the European Commission;

Removed103. Emphasises the importance of enhancing digitalisation within the agencies, both for internal operations and management, as well as for accelerating procedural digitalisation; highlights the need to remain proactive; supports in this regard further investments in digital tools and innovation to improve procedural tasks as well as to prevent a digital gap between agencies;

RemovedStaffing policy, gender equality, inclusion, conflict of interest and fraud prevention

Removed104. Notes that, in 2023, the 33 decentralised agencies reported that they employ a total of 10 580 members of staff (compared to 10 146 in 2022), comprising officials, temporary agents, contract agents and seconded national experts (SNEs), representing an increase of 4,27 % compared to 2022;

Removed105. Notes that cases of burnout (in total 25) were registered in six agencies, namely EASA (five cases), EEA (four cases), EFCA (one case), EFSA (two cases), EMA (ten cases) and Europol (three cases); notes however, that not all agencies, including ECDC, ECHA, EMSA, ENISA, ERA, FRA, Frontex, collect data related to cases of burnout due to data protection; expresses its concern about medical data not being collected as these are important in order to follow the mental well-being of the agencies’ staff; urges the agencies to take immediate action to address the rising number of burnout cases among staff; notes that overtime was taken by several employees in 19 agencies in 2022 (13 in 2021); notes in particular that a high number of employees have taken overtime in EFSA (81 % of staff) and Eurofound (97 % of staff); recalls in this regard the importance of developing a long-term human resources policy, including mental health support structures, ensuring a comprehensive approach to work-life balance, including provisions for teleworking and career development; stresses, moreover, the importance of safeguarding mental health and well-being of staff;

Removed106. Notes that the EIT Director, speaking on behalf of the EU Agencies Network, agreed on 4 December 2024, during the Committee on Budgetary Control, to conduct research on the types of contracts for cleaning personnel working at the decentralised agencies; asks the EU Agencies Network to inform the discharge authority on the types of contracts of the cleaning personnel working at the decentralised agencies, including the proportion of long-term and short-term contracts;

Removed107. Supports Frontex’s continued efforts to strengthen its FRO, noting the employment of 46 Fundamental Rights Monitors (FRM) in 2023; stresses the importance of ensuring that all FRMs are recruited in AD grade, to further enhance their capacity and independence; recognises that Frontex has taken significant steps in responding to the opinions of the FRO, particularly on issues such as gender mainstreaming and human trafficking;

Removed108. Notes that, in 2023, the staff turnover rate was more than 5 % in 18 out of 33 agencies (namely Cedefop, CEPOL, EBA, EFCA, EIGE, EIOPA, EIT, ELA, EUDA, ETF, EUAA, eu-LISA, Eurofound, Eurojust, Europol, EUSPA) and that three of them exceeded the 10 % rate (namely BEREC Office, CdT, Eurojust); commends the agencies that have taken targeted measures to prevent high staff turnover rates; highlights the importance for all agencies to implement measures with a view to improving talent management and retention; counts on EUAN to be a forum for its member agencies with regard to exchanging good practices and, where possible, joining forces in this regard; calls on the Commission to actively support agencies in recruiting the necessary expertise to fulfil their mandates, encouraging closer cooperation with universities and other relevant institutions;