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OPINION (2023/2169(DEC))

On discharge in respect of the implementation of the budget of the European Union Agency for Law Enforcement Cooperation (Europol) for the financial year 2022

LIBE-AD-756200

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 the 2022 discharge for Europol. It welcomes the Court of Auditors' clean audit, notes overpayments and an irregular grant, and asks for stronger oversight of data protection and conflicts of interest. It notes the EDPS challenge to the amended Europol Regulation, the General Court's ruling and appeal, and the EDPS audit on minors' data. It calls for additional internal and external oversight after Europol's extended competences, and for allegations of former staff conflicts of interest to be investigated.

Committee position. The committee calls on the Committee on Budgetary Control to incorporate its suggestions into the motion for a resolution on Europol's 2022 discharge. It welcomes the clean audit and Europol's follow-up, notes overpayments and an irregular grant, and asks for stronger oversight of data protection and conflicts of interest.

Key points

  1. Welcomes the Court of Auditors' declaration that Europol's 2022 transactions are legal and regular in all material respects.
  2. Welcomes Europol's follow-up on internal controls, data protection, external communication, conflict-of-interest assessment, gender diversity and digitalisation of administrative procedures.
  3. Recalls the overpayment of EUR 155 553 in daily subsistence allowance for three Seconded National Experts from the Netherlands, which Europol disclosed and decided not to recover, and welcomes enhanced ex-ante verification.
  4. Recalls that EUR 0.2 million of an operational grant to a national police force was irregular, and welcomes that Europol will assess VAT eligibility in operational grants in light of the Court's observations.
  5. Notes that in 2022 Europol accepted 98 068 operational contributions and supported 2 758 operations, welcomed cooperation with Ukraine and suspended cooperation with Russia.
  6. Notes the EDPS request to annul Articles 74a and 74b of the amended Europol Regulation, the General Court's inadmissibility ruling in Case T-578/22, the EDPS appeal, and Europol's efforts on EDPS recommendations.
  7. Notes Europol's work with eu-LISA on ETIAS checks, the postponement of ETIAS entry into operation to November 2023, and expanded cooperation with EPPO supporting 21 major tax fraud operations.
  8. Notes that the amended Europol Regulation, in force since 28 June 2022, requires a Fundamental Rights Officer, and calls for additional internal and external oversight mechanisms for Europol's extended competences.
  9. Recalls the EDPS audit findings on third-country nationals' datasets, including concerns on classifying minors' data, and stresses Europol's obligation to respect strict proportionality under Article 30(1) of the Europol Regulation.
  10. Notes media reports of alleged conflicts of interest of former Europol staff, the Ombudsman's inquiry opened on 20 December 2023, Europol's reply that no conflict was identified, and calls for thorough investigation and reporting to the discharge authority.

Who is affected

  • Europol: faces calls for stronger oversight, investigation of alleged conflicts of interest, and assessment of VAT eligibility in grants.
  • EDPS: its challenge to the amended Europol Regulation and audit findings are noted; Europol is asked to address its recommendations.
  • Committee on Budgetary Control: asked to incorporate these suggestions into its motion for a resolution on Europol's 2022 discharge.

Figures and deadlines

  • EUR 155 553: overpayment of daily subsistence allowance for three Seconded National Experts from the Netherlands in 2022.
  • EUR 0.2 million: part of an operational grant to a national police force found irregular by the Court.
  • 98 068: operational contributions accepted by Europol in 2022.
  • 2 758: operations supported by Europol in 2022 related to five Multi-Annual Strategic Priorities.
  • 21: major EPPO operations in tax fraud supported by Europol by the end of 2022.
  • 28 June 2022: date the amended Europol Regulation entered into force.
  • November 2023: postponed entry into operation of ETIAS by Council decision.
  • 20 December 2023: date the Ombudsman opened an inquiry into former Europol staff moves.