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DRAFT REPORT (2023/2162(DEC))

On discharge in respect of the implementation of the budget of the European Securities and Markets Authority for the financial year 2022

CONT-PR-753530

Committee on Budgetary Control · Rapporteur: Petri Sarvamaa

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This is the rapporteur's draft report on granting discharge to the European Securities and Markets Authority for its 2022 budget. It proposes a decision on discharge, a decision closing the accounts, and a resolution with observations on budget management, performance, staff, procurement, conflicts of interest and internal control. The draft notes the Authority's 2022 budget of EUR 68 068 551, a budget implementation rate of 98,78 % and a payment execution rate of 89,83 %. It records the Court of Auditors' reasonable assurance that the accounts are reliable and the transactions legal and regular. It commends the Authority's 2022 work programme being 90 % completed, its responses to geopolitical challenges, its supervisory convergence work and its efficiency measures. It asks the Authority to address internal audit weaknesses on data management and to mitigate identified risks.

Committee position. The rapporteur proposes that Parliament grant the Executive Director of the European Securities and Markets Authority discharge for the 2022 budget and approve the closure of the Authority's 2022 accounts, with observations set out in the accompanying resolution.

Key points

  1. Parliament would grant the Executive Director of the European Securities and Markets Authority discharge for the implementation of the Authority's 2022 budget, or postpone that decision.
  2. Parliament would approve the closure of the Authority's accounts for 2022, or postpone that closure.
  3. The Authority's final 2022 budget was EUR 68 068 551, up 12,32 % on 2021, financed by a Union contribution of EUR 17 301 544, national supervisory authority contributions of EUR 27 293 765 and fees of EUR 22 228 234.
  4. The Court of Auditors obtained reasonable assurance that the Authority's 2022 annual accounts are reliable and the underlying transactions legal and regular.
  5. Budget implementation reached 98,78 % in 2022, down 1,17 % on 2021, and payment appropriations execution was 89,83 %, down 0,08 %; the Authority considers revising its fee-funding model necessary.
  6. The Authority's 2022 work programme was 90 % completed, with most key performance indicators achieved or exceeded.
  7. The Authority intensified risk monitoring after Russia's invasion of Ukraine and adopted temporary emergency measures on liquidity constraints in gas and electricity markets.
  8. The Authority's 2022 priorities covered sound capital markets, sustainable finance and innovation and digitalisation, delivering technical input on MiFID II and MiFIR and the Listing Act, a sustainable finance roadmap and crypto-asset warnings.
  9. The Authority pursued efficiency gains through internal redeployment, more inter-institutional procurement, digitalised administration and cloud migration, and shares an accounting officer with the European Banking Authority.
  10. On 31 December 2022 the establishment plan was 87,60 % implemented, with 219 temporary agents of 243 authorised, plus 91 contract agents and 12 seconded national experts.
  11. The Authority revised its Conflict of Interests Policy for non-staff in 2022, published CVs and declarations of interest, and addressed the Court's earlier observation on conflicts of interest, now deemed closed.
  12. The Authority's internal control system was assessed as functioning well, but the Internal Audit Service issued five recommendations on data management, two very important, and the Authority is asked to report on progress.

Who is affected

  • The European Securities and Markets Authority and its Executive Director, who would receive discharge and whose accounts would be closed.
  • National supervisory authorities of the member states, which contribute EUR 27 293 765 to the Authority's budget.
  • Supervised entities, which pay fees of EUR 22 228 234 to the Authority.
  • The Authority's staff, including temporary agents, contract agents and seconded national experts, covered by its staff and ethics policies.

Figures and deadlines

  • EUR 68 068 551 — the Authority's final budget for the financial year 2022.
  • 12,32 % — increase in the 2022 budget compared to 2021.
  • EUR 17 301 544 (25,41 %) — Union contribution to the 2022 budget.
  • EUR 27 293 765 (40,10 %) — contributions from national supervisory authorities.
  • EUR 22 228 234 (32,66 %) — fees received from supervised entities.
  • 98,78 % — budget implementation rate in 2022, a decrease of 1,17 % compared to 2021.
  • 89,83 % — execution rate of payment appropriations, a decrease of 0,08 % compared to the previous year.
  • EUR 99,4 million — total value of three open tenders in the area of IT managed in 2022.

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