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REPORT (2023/2165(DEC))

On discharge in respect of the implementation of the budget of the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) for the financial year 2022

A-9-2024-0105

Committee on Budgetary Control · Rapporteur: Petri Sarvamaa

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Parliament's committee report proposes granting discharge to the Executive Director of eu-LISA for the 2022 budget and approving the closure of the Agency's 2022 accounts. It sets out observations on budget management, performance, staff, procurement, conflicts of interest, internal control and other matters. It notes the Court of Auditors' qualified opinion on payments, the Agency's 2022 budget of EUR 351 630 151, and recurring procurement irregularities. It calls on the Agency to address carry-overs, procurement irregularities, gender imbalance, open audit recommendations and other shortcomings, and to report back to the discharge authority.

Committee position. The Committee on Budgetary Control proposes that Parliament grant discharge to the Executive Director of eu-LISA for the 2022 budget and approve the closure of the 2022 accounts, while setting out observations in a resolution.

Key points

  1. Parliament grants the Executive Director of eu-LISA discharge for the implementation of the Agency's 2022 budget and approves the closure of the 2022 accounts.
  2. The Agency's final 2022 budget was EUR 351 630 151, up 62,41% from 2021, mainly due to new large-scale IT systems and interoperability tasks.
  3. The Court of Auditors gave a qualified opinion on payments: EUR 17,8 million was irregular or non-compliant, 4,80% of payment appropriations, exceeding the materiality threshold.
  4. Budget implementation was 91,13% in commitments and 86,71% in payments; the Agency carried over EUR 14,4 million (23%) of 2022 commitment appropriations to 2023.
  5. The Agency delivered 90 of 135 planned 2022 activities (67%), with 16 ongoing, 20 ongoing and delayed, and 9 postponed.
  6. Core JHA systems met service-level agreements in 2022: SIS availability 99,94%, VIS 99,69%, Eurodac 99,88%.
  7. The renewed SIS entered operation in March 2023; new systems EES, ETIAS and ECRIS-TCN face delays, and the interoperability roadmap now runs in waves up to 2026.
  8. The establishment plan was 89,3% implemented with 192 temporary agents; staff turnover rose to 7,1% and the occupancy rate fell to 82%, below the 94% target.
  9. Gender balance is poor: senior and middle management has 12 men (86%) and 2 women (14%); the management board 50 men (82%) and 11 women (18%); staff overall 209 men (67%) and 101 women (33%).
  10. 2022 was the third consecutive year with a qualified opinion on procurement; irregularities included EUR 6,5 million from amended fixed-term contracts, EUR 3,7 million from over-extended contracts and EUR 7,5 million from lack of detail.
  11. The Agency used a negotiated procedure without prior publication, justified by extreme urgency against internal advice; the contract has expired.
  12. The Agency has eight open Court observations from 2017, 2018 and 2021, and 33 open audit recommendations at end-2022, three critical; it is urged to close them and report progress.

Who is affected

  • eu-LISA and its Executive Director: must implement the discharge decision and address the observations.
  • The Agency's management and staff: face calls on gender balance, harassment cases, and internal control improvements.
  • The Commission and member states: asked to consider gender balance when nominating management board members.
  • The Agency's contractors and suppliers: affected by procurement irregularities and corrective measures.

Figures and deadlines

  • EUR 351 630 151: final budget for 2022.
  • 62,41 %: increase in budget compared to 2021.
  • EUR 17,8 million: total irregular payments in 2022.
  • 4,80 %: irregular payments as share of payment appropriations.
  • 91,13 %: budget implementation rate in commitment appropriations.
  • 86,71 %: payment appropriations execution rate.
  • EUR 14,4 million (23 %): commitment appropriations carried over to 2023.
  • EUR 40 million: value of a specific contract that did not properly implement the framework contract.

Legal basis: Article 319 of the Treaty on the Functioning of the European Union.