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DRAFT 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

CONT-PR-753534

Committee on Budgetary Control · Rapporteur: Petri Sarvamaa

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A draft report on granting discharge to the Executive Director of eu-LISA for the 2022 budget, and on closing the Agency's accounts for 2022. It sets out observations on the Agency's budget and financial management, performance, staff policy, procurement, conflicts of interest, internal control and other matters. It notes the Court of Auditors' qualified opinion on payments, the third year in a row for procurement and contract management, and calls on the Agency to address the Court's observations. It asks the Agency to report to the discharge authority on carry-overs, audit recommendations and other outstanding issues.

Committee position. The rapporteur proposes that Parliament grant discharge to the Executive Director of eu-LISA for the 2022 budget and approve the closure of the Agency's accounts, while setting out observations on budget management, performance, staff, procurement, conflicts of interest and internal control.

Key points

  1. Grants or postpones discharge to the Executive Director of eu-LISA for the implementation of the Agency's 2022 budget.
  2. Approves or postpones the closure of the Agency's accounts for the financial year 2022.
  3. Notes the 2022 budget of EUR 351 630 151, an increase of 62,41 % compared to 2021, mainly justified by new tasks on large-scale IT systems and interoperability.
  4. Notes the Court's qualified opinion on payments: EUR 17,8 million irregular or non-compliant, 4,80 % of payment appropriations, exceeding the materiality threshold.
  5. Notes with concern the budget implementation rate of 91,13 % in commitments and 86,71 % in payments, and carry-overs of EUR 14,4 million (23 %), mostly administrative expenditure.
  6. Welcomes the Agency's performance tools and notes that of 135 activities in the 2022 work programme, 90 were delivered, 16 ongoing, 20 ongoing and delayed, and 9 postponed.
  7. Notes the Agency's role in JHA information systems, with 2022 availability of SIS at 99,94 %, VIS at 99,69 % and Eurodac at 99,88 %, and progress with delays on new systems.
  8. Notes the establishment plan was 89,3 % implemented with 192 temporary agents, 121 contract agents and 11 seconded national experts; staff turnover rose to 7,1 % and occupancy was 82 %.
  9. Notes with concern the gender composition of management (12 men, 2 women), the management board (50 men, 11 women) and staff overall (209 men, 101 women), and calls for continued efforts.
  10. Notes the third consecutive qualified opinion on procurement, with irregular payments of EUR 17,8 million across seven specific contracts, and expects lasting improvement from the Agency's action plan.
  11. Notes observations on a EUR 40 million specific contract, a negotiated procedure without prior publication, and hardware and framework contract control shortcomings; calls for better internal control.
  12. Notes the Agency's conflict-of-interest, whistleblowing and transparency measures, internal control self-assessment, audit recommendations and anti-fraud strategy.

Who is affected

  • eu-LISA and its Executive Director, who would receive discharge and account closure for the 2022 budget.
  • The Agency's staff and management, affected by observations on staff policy, gender balance, harassment and well-being.
  • The Agency's contractors and suppliers, affected by findings on procurement and contract management.
  • Member States and carriers, affected by the Agency's JHA information systems and training activities.

Figures and deadlines

  • EUR 351 630 151: final budget of eu-LISA for 2022.
  • 62,41 %: increase in the Agency's 2022 budget compared to 2021.
  • EUR 17,8 million: total payments found irregular or non-compliant in 2022.
  • 4,80 %: share of payment appropriations represented by the irregular payments.
  • 91,13 %: budget implementation rate in commitment appropriations in 2022.
  • 86,71 %: payment appropriations execution rate in 2022.
  • EUR 14,4 million (23 %): commitment appropriations carried over from 2022 to 2023.
  • EUR 40 million: amount of a specific contract that did not properly implement the associated framework contract.

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