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DRAFT REPORT (2023/2159(DEC))

On discharge in respect of the implementation of the budget of ENISA (European Union Agency for Cybersecurity) for the financial year 2022

CONT-PR-753527

Committee on Budgetary Control · Rapporteur: Petri Sarvamaa

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This draft report by the Committee on Budgetary Control proposes that Parliament grant discharge to the Executive Director of ENISA for the 2022 financial year and approve the closure of the agency's accounts. It sets out observations on ENISA's budget and financial management, performance, efficiency, staff policy, procurement, conflicts of interest, internal control and other matters. The report notes the Court of Auditors' reasonable assurance on the reliability of the accounts and legality of transactions, but raises concerns about procurement irregularities and resource shortfalls.

Committee position. The rapporteur proposes that Parliament grant discharge to ENISA's Executive Director for the 2022 financial year and approve the closure of the agency's accounts, while setting out observations in the accompanying resolution.

Key points

  1. Parliament would grant discharge to ENISA's Executive Director for the 2022 budget and approve the closure of the agency's accounts.
  2. ENISA's final 2022 budget was EUR 39 207 625, up 67.03% from 2021, mainly due to the Cybersecurity Support Action pilot; the Court of Auditors gave reasonable assurance on the accounts.
  3. Budget implementation: 99.93% commitment rate (up 0.42%) and 52.02% payment rate (down 25.38%); a EUR 15 000 000 amendment on 5 August 2022 caused late commitments and a low payment rate.
  4. ENISA implemented 100% of its 2022 work programme, but some outputs were affected by reprioritisation due to the Russian invasion of Ukraine; it piloted the Union heat map and provided 52 situational updates.
  5. The Court's Special Report 05/2022 found increasing cyberattacks on EU bodies and varying preparedness; it recommended ENISA and CERT-EU focus on less experienced bodies through maturity assessments and capacity-building.
  6. Resource constraints prevented ENISA from actively supporting some policy files; it supported NISD2, CRA and DORA, and adjusted its services with a new strategy.
  7. ENISA increased shared services with other agencies, signed a service-level agreement with the European Cybersecurity Competence Centre, and moved to strategic workforce planning.
  8. Staff: 73 temporary agents out of 82 authorised (89.02% implementation), plus 27 contract agents, 10 seconded national experts, 10 interim staff and 16 contractors; gender imbalance in management (71% men) and management board (75% men).
  9. ENISA identified a resource shortfall of EUR 734 000 and two FTEs in operations, and EUR 2.5 million in corporate services for 2023; the Management Board asked for more posts.
  10. The Court found two low-value contracts (below EUR 15 000) awarded without evaluation reports or award decisions, repeating a 2021 observation; Parliament calls on ENISA to comply with the Financial Regulation and report back.
  11. The Court found irregular payments of EUR 120 276 for 26 manager appraisals because the provider was selected without an open procurement procedure; Parliament calls on ENISA to address this and report back.
  12. Parliament calls on ENISA to improve procurement, monitor 'revolving door' cases, address the lack of a tender assessment model, and report back on internal control improvements.

Who is affected

  • ENISA (European Union Agency for Cybersecurity) and its Executive Director, who would receive discharge and must address the observations.
  • ENISA's management and staff, affected by observations on staffing, gender balance and resource shortfalls.
  • The Council, Commission and Court of Auditors, which would receive the decision and resolution.

Figures and deadlines

  • EUR 39 207 625: ENISA's final budget for 2022.
  • 67.03%: increase in ENISA's budget compared to 2021.
  • 99.93%: budget implementation of current year commitment appropriations.
  • 52.02%: current year payment appropriations execution rate.
  • EUR 15 000 000: amendment adopted by the Management Board on 5 August 2022.
  • EUR 734 000 and two FTEs: resource shortfall in operations for 2023.
  • EUR 2.5 million: resource shortfall in corporate services for 2023.
  • EUR 120 276: total paid for 26 manager appraisals.

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