Sittings · Document

DRAFT REPORT (2023/2158(DEC)) 2024-01-16

On discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2022

Committee on Budgetary Control · Rapporteur: Petri Sarvamaa

PR_DEC_Agencies

1. PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION

on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2022

(2023/2158(DEC))

– having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2022,

– having regard to the Court of Auditors’ annual report on EU agencies for the financial year 2022, together with the agencies’ replies,

– having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2022, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

– having regard to the Council’s recommendation of … February 2024 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2022 (00000/2024 – C90000/2024),

– having regard to Article 319 of the Treaty on the Functioning of the European Union,

– having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012, and in particular Article 70 thereof,

– having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency, and in particular Article 19 thereof,

– having regard to Commission Delegated Regulation (EU) 2019/715 of 18 December 2018 on the framework financial regulation for the bodies set up under the TFEU and Euratom Treaty and referred to in Article 70 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council, and in particular Article 105 thereof,

– having regard to Rule 100 of and Annex V to its Rules of Procedure,

– having regard to the opinion of the Committee on Transport and Tourism,

– having regard to the report of the Committee on Budgetary Control (A90000/2024),

1. Grants the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022 / Postpones its decision on granting the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2022;

2. Sets out its observations in the resolution below;

3. Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Maritime Safety Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

2. PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION

on the closure of the accounts of the European Maritime Safety Agency for the financial year 2022

(2023/2158(DEC))

– having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2022,

– having regard to the Court of Auditors’ annual report on EU agencies for the financial year 2022, together with the agencies’ replies,

– having regard to Article 319 of the Treaty on the Functioning of the European Union,

– having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency, and in particular Article 19 thereof,

– having regard to Rule 100 of and Annex V to its Rules of Procedure,

– having regard to the opinion of the Committee on Transport and Tourism,

– having regard to the report of the Committee on Budgetary Control (A90000/2024),

1. Approves the closure of the accounts of the European Maritime Safety Agency for the financial year 2022 / Postpones the closure of the accounts of the European Maritime Safety Agency for the financial year 2022;

2. Instructs its President to forward this decision to the Executive Director of the European Maritime Safety Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2022

(2023/2158(DEC))

– having regard to its decision on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2022,

– having regard to Rule 100 of and Annex V to its Rules of Procedure,

– having regard to the opinion of the Committee on Transport and Tourism,

– having regard to the report of the Committee on Budgetary Control (A90000/2024),

A. whereas, according to its statement of revenue and expenditure, the final budget of the European Maritime Safety Agency (the ‘Agency’) for the financial year 2022 was EUR 115 807 269,88 representing an increase of 9,48 % compared to 2021; whereas the Agency’s budget derives from the Union budget and operational income;

B. whereas the Court of Auditors (the ‘Court’), in its report on the annual accounts of the Agency for the financial year 2022 (the ‘Court’s report’), states that it has obtained reasonable assurances that the Agency’s annual accounts are reliable and that the underlying transactions are legal and regular;

C. whereas with regard to the Agency’s procurement sector, no issues requiring corrective actions were reported for 2022, nor are there ongoing or outstanding corrective actions from previous years’ audits and assessments;

D. whereas with regard to the Agency’s internal control systems, no issues requiring corrective actions were reported for 2022, nor are there ongoing or outstanding corrective actions from previous years’ audits and assessments;

Budget and financial management

1. Notes with appreciation that the budget monitoring efforts during the financial year 2022 resulted in a budget implementation of current year commitment appropriations rate of 99,80 %, representing a slight increase of 0,14 % compared to 2021 and a current year payment appropriations execution rate of 98,42 %, representing also an increase of 1,10 %;

Performance

2. Welcomes that the Agency uses key performance indicators (KPIs) to measure the implementation of its annual work programme in the key areas to which the Agency contributes and its horizontal activities (Sustainability, Surveillance, Safety and Security, Simplification ,Digitalisation, Technical assistance, Capacity building and Strategic Support ); commends that overall the targets have been achieved, with very few targets lagging behind mainly due to justified reasons; further notes that the Agency has achieved its objectives of 2022 in accordance with the annual work programme and the multi-annual strategic framework;

3. Takes note that the Agency has been actively involved in several initiatives related to the European Green Deal and provided support and data to the Commission and Member States with a particular emphasis on different proposals within the “Fit for 55 package” such as the FuelEU Maritime proposal and the proposal aiming at the extension of the Emission Trading Scheme to maritime transport;

4. Welcomes that the Agency has become an important actor regarding the monitoring and reporting of vessels of interest after the illegal and unprovoked Russian invasion of Ukraine in February 2022; notes in this regard that the maritime support service (MSS) reported on Russian-flagged vessels to Member States and the Commission, on ship calls to EU ports to specific Member States and Commission, and on ship calls related to sanctions (e.g. coal imports);

5. Notes that the Agency’s Earth Observation services continued to develop and deliver surveillance capabilities, with emphasis on CleanSeaNet, Copernicus Maritime Surveillance to Frontex and the support to maritime emergencies at sea in the context of the Agency’s contingency plan;

6. Welcomes that the Agency provided technical support to the Commission and EFTA Surveillance Authority by participating in the inspections they organised to assess and verify the implementation and enforcement of EU maritime security legislation in the Member States;

7. Observes that in 2022 that the Agency provided European Union Agency for Law Enforcement Cooperation (EUROPOL) with access to maritime and surveillance information services to support them in the areas of law enforcement and organised crimes activities at sea;

8. Notes that the Agency maintained its role as a centre of excellence for capacity building, implementing the IPA II project and concluding projects for technical assistance in the Mediterranean Sea (SAFEMED IV) and the Black and Caspian Sea (BCSEA) in 2022;

Efficiency and gains

9. Notes that in the framework of the new mandate for European cooperation on coast guard functions the Agency has shared information, expertise, procedures, training materials and tools with the European Fisheries Control Agency (EFCA) and Frontex; further notes that the Agency continues to work closely with the European Monitoring Centre for Drugs and Drug Addiction (EMCCDA) in order to increase its efficiency and save costs due to the geographical proximity of both agencies; welcomes that the Agency was supporting EMCCDA via knowledge sharing in respect of EMAS registration and with EFCA continued to ensure the mutual back-up arrangement in place for the Accounting function in both Agencies; 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;

10. Notes that the Agency has worked to improve its efficiency and effectiveness by the automation of procedures with the aim to significantly decrease the administrative workload of specific staff members, enabling them to focus on tasks in related areas with higher added value; observes that additionally, the Agency has initiated pilot projects for the Qualified E-signature and the integration of corporate tools with ARES; invites the Agency to find more internal procedures that could be streamlined via automation;

Staff policy

11. Notes that, on 31 December 2022, the establishment plan was stable, and 99,06 % fulfilled, with 210 officials and temporary agents (TAs) appointed out of 212 authorised under the Union budget (same as in 2021); notes that in addition to 28 contract agents and 16 seconded national experts working for the Agency in 2022;

12. Notes the gender distribution within the Agency’s senior and middle management members, with 5 out of 16 (31 %) being women; notes the gender distribution within the Agency’s management board members, with 10 out of 57 (18 %) being women; further notes the gender distribution within the Agency’s overall staff, with 99 out of 264 (38 %) being women; welcomes that the Agency has launched a Gender Action Plan for 2022-2025, focusing on the improvement of gender balance and equality in long term on a quality basis; encourages the Agency to also adopt the “Charter on D&I” and continue to participate in initiatives that promote diversity and inclusion in the workplace at all levels of hierarchy;

13. Welcomes that in the context of prevention of harassment in the workplace six new Confidential Counsellors were appointed after having successfully completed a compulsory training and are now active in this role in the Agency;

Prevention and management of conflicts of interest and transparency

14. Acknowledges that Members and Alternates of the Agency’s Administrative Board are requested to sign a Declaration of Commitment and Confidentiality at their nomination and annually, to declare any (potential) conflict of interest which might be considered prejudicial to the treatment of any item on the agenda at the beginning of each meeting of the Administrative Board;notes that all staff (including senior management involved in specific procedures) are required to declare (potential) conflict of interest in various procedures such as procurement and recruitment;takes note that during the course of 2022 one case of a Conflict of Interest was declared by a selection committee member in a recruitment procedure and after analysis of the declared conflict, the member was replaced;

15. Notes that the Agency has adopted ‘EMSA Administrative Board Conflict of Interest Policy’, establishing principles to govern impartiality and independence of its members and their alternates and define the measures to ensure their practical application in order to prevent and mitigate the risks that past, current or future interests might improperly influence the impartiality and the independence of the Board members during the performance of their duties;

16. Takes note that the CV’s for Administrative Board members and Management Staff are published in its website;

Other comments

17. Commends that in accordance with the Agency’s Risk Management Framework the risk register was fully updated and fine-tuned in 2022, and that during this exercise special attention was given to the identification of potential fraud-related risks and overall opportunities; further welcomes that following the invasion of Russia in Ukraine, some new identified risks and opportunities related to this major crisis were identified and included in the updated risk registers;

18. Congratulates that the Agency developed a number of ad hoc products to assist the Member States and Commission in the implementation of EU sanctions related to the invasion of Ukraine by the Russian Federation, such as reporting on ship calls for specific cargoes and flags; further welcomes that the Agency has developed and provides to relevant stakeholders a monthly report on the Impact of developments in Ukraine on maritime traffic and trade;

19. Welcomes that the Agency has carried out different greening activities in 2022 such as, an extensive greening communication campaign, creation of a reusable stationary room, participation in the European Mobility Week, and lowering the basic temperature in the premises during winter season, among others;

20. Recalls that the Agency launched in 2019 ‘Greening EMSA’ aiming to introduce environmental management, and the final step with the external verification audit took place in January 2022, consequently the Agency has received the EMAS label and has its environmental statement published;

21. Notes that the Agency has intensified its cooperation with the European Union Agency for Cybersecurity by participating in the pilot project for the future implementation of the upcoming Cybersecurity Regulation; notes furthermore that the Agency has strengthened its collaboration with CERT EU by renewing a specific Service Level Agreement which now incorporates more actions, such as an increased number of security assessments, and by providing access for real-time monitoring of security events in the EMSA IT infrastructure further notes that the Agency is performingregular security assessments with CERT EU and the Council’s Interinstitutional Security Services provider;

22. Notes that the Agency has implemented different measures in order to increase its public visibility and online presence: hosting conferences, sharing videos explaining the Agency’s main activities and competences, live streaming, and the launch of ‘EMSA open day’ concept;

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23. Refers, for other observations of a cross-cutting nature accompanying its decision on discharge, to its resolution of ... on the performance, financial management and control of the agencies.