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OPINION (2023/2172(DEC))

On discharge in respect of the implementation of the budget of the European Border and Coast Guard Agency for the financial year 2022

LIBE-AD-756203

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 on the 2022 budget discharge of the European Border and Coast Guard Agency (Frontex), calling on the Committee on Budgetary Control to include its suggestions in its resolution. It welcomes the Court of Auditors' finding that Frontex's 2022 transactions were legal and regular, and notes that Frontex implemented 99,4% of its 2022 budget. It calls on Frontex's new management to reform organisational culture, fundamental rights, transparency and internal procedures, and to report periodically to the discharge authority. It asks Frontex to fully implement all pending recommendations from audit and scrutiny bodies, including on fundamental rights, data protection, procurement, OLAF findings and Schengen associated countries' contributions.

Committee position. The committee calls on the Committee on Budgetary Control to incorporate its suggestions into its motion for a resolution, welcoming the legality of Frontex's 2022 transactions while pressing for reforms on fundamental rights, transparency, accountability and implementation of pending recommendations.

Key points

  1. Welcomes the Court of Auditors' declaration that Frontex's 2022 transactions were legal and regular in all material respects.
  2. Recalls earlier discharge resolutions that identified shortcomings on fundamental rights, transparency, data protection and management culture, and calls on the new management to keep reforming the Agency's organisational culture and report periodically.
  3. Highlights the need for a strong, effective Frontex that assists member states in integrated border management in full compliance with fundamental rights.
  4. Notes Frontex's support to member states after the Russian invasion of Ukraine, including about 500 standing corps officers along the eastern border, and says resources must contribute to saving lives without disembarkation in unsafe ports.
  5. Notes Frontex's 2022 support: over 617 thousand work-days of standing corps, over 111 thousand asset-days in 20 operations, support for the return of 24,868 irregular arrivals, and deployment to Moldova.
  6. Notes Frontex's budget grew from EUR 704 million in 2022 to EUR 788 million in 2023, and stresses that increased responsibility and budget must be matched by accountability, transparency and scrutiny.
  7. Welcomes 99,4% implementation of the 2022 budget but notes unclosed Court observations on carry-overs, cancellations, payment delays, procurement irregularities and conflict-of-interest risks in recruitment.
  8. Welcomes managerial changes and the Fundamental Rights Action Plan, noting that of 87 planned activities eight were fully implemented, 56 ongoing, 17 partial and two delayed.
  9. Notes the recruitment of 22 additional Fundamental Rights Monitors, calls for all to be recruited at AD level and for their number to grow, and welcomes 1 183 deployment days visiting 50 countries.
  10. Notes the Fundamental Rights Officer's opinion of 1 September 2022 that conditions for triggering Article 46 of the Frontex regulation were met, and calls for all recommendations on Greece to be fully implemented as a priority.
  11. Welcomes transparency measures such as the 'dashboard' reporting tool and encourages the Management Board to invite Parliament observers to all agenda items and provide all supporting documents.
  12. Calls on Frontex to address Ombudsman, EDPS and OLAF recommendations and the second OLAF investigation, to cooperate fully with OLAF, and to fully implement all pending recommendations from audit and scrutiny bodies as a priority.

Who is affected

  • Frontex: must reform organisational culture, fundamental rights, transparency and internal procedures, and implement pending recommendations.
  • Frontex management: must report periodically to the discharge authority and increase accountability towards Parliament and Council.
  • The Commission: asked to examine the agreements with Schengen associated countries on their budget contributions.
  • Member states: receive Frontex support for border management and returns, and must allocate sufficient resources to save lives.

Figures and deadlines

  • About 500 standing corps officers deployed along the eastern border from Finland to Romania, including more than 350 at the EU-Ukraine borders.
  • Over 617 thousand work-days of standing corps and over 111 thousand asset-days in 20 operations, including 102 new operational locations.
  • Support for the effective return of 24,868 irregular arrivals.
  • EU contribution of EUR 788 million in 2023 compared with EUR 704 million in 2022.
  • Frontex implemented 99,4% of its 2022 budget.
  • Of 87 activities in the Fundamental Rights Action Plan: eight fully implemented, 56 ongoing, 17 partially implemented and two delayed.
  • 22 additional Fundamental Rights Monitors recruited externally; 1 183 deployment days visiting 50 countries.
  • Schengen associated countries' contribution calculated around 7% lower.