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OPINION (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

LIBE-AD-756198

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Tomáš Zdechovský

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The Committee on Civil Liberties, Justice and Home Affairs gives its opinion to the Committee on Budgetary Control on granting discharge to eu-LISA for the 2022 financial year. It welcomes the Court of Auditors' finding that eu-LISA's 2022 transactions were legal and regular, but regrets €17.8 million of non-compliant expenditure and a qualified opinion. It raises concerns about carry-overs, irregular contracts and unclosed Court observations, and calls on eu-LISA to implement corrective actions and report on progress. It notes eu-LISA's cooperation with other EU agencies and its hosting and data centre work, and reminds it to comply with EU data protection law.

Committee position. The committee suggests that the Committee on Budgetary Control incorporate its suggestions into the discharge motion: it welcomes the Court's legal and regular finding but regrets non-compliant expenditure, carry-overs and irregular contracts, and calls on eu-LISA to implement corrective actions and report progress.

Key points

  1. The committee calls on the Committee on Budgetary Control to incorporate its suggestions into the discharge motion for eu-LISA's 2022 budget.
  2. It welcomes the Court of Auditors' declaration that eu-LISA's 2022 transactions were legal and regular in all material respects.
  3. It regrets that €17.8 million, or 4.8% of total payment appropriations, was non-compliant expenditure exceeding the materiality threshold, leading to a qualified opinion.
  4. It calls on eu-LISA to follow the Court's observations, step up corrective actions on all remaining non-compliance and report progress to the discharge authority.
  5. It notes with concern the Court's observations on legality, management and control systems, and budgetary management, and that €14.4 million of 2022 commitments were carried over to 2023.
  6. It regrets that several 2022 payments linked to three contracts, including one of €40 million, were found irregular in 2021 and 2022.
  7. It notes with regret that only one of nine Court observations from 2017, 2018 and 2021 was closed, and calls for full implementation of eu-LISA's action plan on the six ongoing 2021 observations.
  8. It notes eu-LISA's cooperation with Frontex, Europol, Eurojust, EUAA, CEPOL and FRA on various IT systems and training, and encourages continued cooperation.
  9. It notes eu-LISA's hosting of backup systems for Frontex and EUAA, its 'data-centre-as-a-service' and progress on a future modular data centre with 50% capacity increase.
  10. It reminds eu-LISA of the importance of complying with EU legislation, notably on data protection.

Who is affected

  • eu-LISA: must address the Court's observations, implement corrective actions and report on progress.
  • Committee on Budgetary Control: asked to incorporate the suggestions into its discharge motion.
  • Frontex and EUAA: receive hosting services for their backup systems from eu-LISA.

Figures and deadlines

  • €17.8 million, representing 4.8% of total payment appropriations, was non-compliant expenditure in 2022.
  • €14.4 million of 2022 commitment appropriations were carried over to 2023.
  • One specific contract of €40 million was found irregular in 2021 and 2022.
  • Nine Court observations dated 2017, 2018 and 2021, of which only one was closed.
  • Six ongoing observations from 2021 addressed by eu-LISA's action plan.
  • 50% capacity increase for hosting new JHA systems from the future modular data centre.