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OPINION (2023/2129(DEC))

On discharge in respect of the implementation of the general budget of the European Union for the financial year 2021, Section III – Commission

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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 suggestions to the Committee on Budgetary Control for its motion for a resolution on the 2021 budget discharge, Section III – Commission. It notes the Court of Auditors' audit of migration, border management, security and defence spending, and that 11 of 23 transactions examined contained quantifiable errors. It raises concerns over undisbursed AMIF and ISF funds, Schengen accession for Romania and Bulgaria, limited Commission information to Parliament, and rising undocumented arrivals. It calls for transparency on migration spending in third countries, follow-up to rule of law recommendations, faster handling of access to documents requests, enforcement on Pegasus spyware, and transparency on conflicts of interest.

Committee position. The committee calls on the Committee on Budgetary Control to incorporate its suggestions into its motion for a resolution on the 2021 budget discharge, Section III – Commission.

Key points

  1. Notes that the Court of Auditors audited migration and border management (heading 4) and security and defence (heading 5) spending, examining 23 transactions.
  2. Notes with concern that 11 of the 23 transactions examined contained quantifiable errors with a financial impact on the Union budget, which may harm reputation.
  3. Is concerned that 26% of AMIF and 33% of ISF funds remain undisbursed, and urges the Commission to help Member States implement national programmes, with 2014-2020 funding to be spent by June 2024.
  4. Notes the Commission did not use its full prerogatives to ensure Romania and Bulgaria are accepted into Schengen, though both have met all conditions since 2011.
  5. Regrets the Commission's limited information to Parliament on EU legislation implementation and calls for more proactive publication of statistics.
  6. Notes DG HOME's prompt action after the Russian aggression, including the first activation of the Temporary Protection Directive.
  7. Notes rising undocumented arrivals and DG HOME's actions against human trafficking, on relocations, asylum and return procedures, and integration; calls for a returns strategy respecting fundamental rights and continued external cooperation under Article 218 TFEU.
  8. Urges the Commission to increase transparency on Home Affairs funds and NDICI funding in third countries, publish an overview of migration-related spending, and carry out ex ante human rights impact assessments.
  9. Acknowledges DG JUST's rule of law support, including the Justice Scoreboard and third Annual Rule of Law Report, and encourages monitoring of follow-up to recommendations to Member States.
  10. Notes with concern the Ombudsman's finding that in 85% of cases the Commission does not handle confirmatory access requests within legal time limits, and calls for compliance with Regulation 1049/2001.
  11. Strongly regrets the Commission's lack of enforcement and follow-up to Parliament's Pegasus spyware recommendations, and calls for sincere cooperation and compliance with the Framework Agreement and Interinstitutional Agreement on Better Law-Making.
  12. Is strongly concerned about conflicts of interest involving high-level Commission officials and X advertising on the Child Sexual Abuse regulation, and calls for full transparency and publication of requested documents.

Who is affected

  • The Commission, which is asked to step up implementation support, transparency, enforcement and compliance with access to documents rules.
  • Member States, which are urged to effectively implement national programmes and address rule of law recommendations.
  • Romania and Bulgaria, whose Schengen accession the Commission is asked to secure.
  • Non-EU nationals and migrants, affected by returns, asylum procedures and integration policies.
  • Third countries receiving migration-related and NDICI funding, subject to transparency and human rights impact assessments.

Figures and deadlines

  • 23 transactions examined by the Court of Auditors under MFF headings 4 and 5.
  • 11 out of 23 transactions contained quantifiable errors.
  • 26% of Asylum, Migration and Integration Fund (AMIF) funds remain undisbursed.
  • 33% of Internal Security Fund (ISF) funds remain undisbursed.
  • Funding for 2014-2020 has to be spent by June 2024.
  • Romania and Bulgaria have met all Schengen conditions since 2011.
  • In 85% of cases the Commission does not deal with confirmatory applications within legal time limits.
  • Recommendation of 15 June 2023 to the Council and the Commission on Pegasus and equivalent surveillance spyware.