Sittings · Document

DRAFT OPINION (2023/2165(DEC)) 2023-11-20

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

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

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SUGGESTIONS

The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on Budgetary Control, as the committee responsible, to incorporate the following suggestions into its motion for a resolution:

1. Welcomes the fact that the Court of Auditors (the ‘Court’) has declared the transactions underlying the annual accounts 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 to be legal and regular in all material respects;

2. Regrets that in 2022, an amount of € 17.8 million, representing 4,8 % of the total payment appropriations available, was non-compliant expenditure which exceeded the materiality threshold set for the audit, therefore resulted a qualified opinion on the legality and regularity of payments by the Court;

3. Notes with concern the observations of the Court on the legality and regularity of transactions, on management and control systems, and on budgetary management noting that the recurrent high rates of carry-overs contradict the budgetary principle of annularity and are indicative of structural issues in the budget process and implementation cycle; notes the replies of the eu-LISA stipulating that number of irregular contracts were either revised and amended, or not extended into 2023;

4. Notes with regret that, out of the nine observations from the Court dated in 2017, 2018 and 2021, only one was closed; acknowledges that eu-LISA developed an action plan to address the six ongoing observations from 2021;

5. Notes with satisfaction the good cooperation of eu-LISA with EU agencies, especially with European Border and Coast Guard Agency on development of ETIAS, with Europol on implementing the SIS Recast, EES, ETIAS, and Interoperability regulations, with Eurojust on the implementation of ECRIS-TCN and e-CODEX, the Interoperability regulations, and the coordination of activities related to the digitalisation of judicial cooperation, with EUAA on implementing the Commission regulation on the 'DubliNet' electronic communications network, with CEPOL on organising joint training courses on the use of JHA systems and with FRA on organising joint training courses highlighting the aspect of fundamental rights in the management of JHA information systems; encourages eu-LISA to continue its cooperation with the EU agencies;

6. Welcomes the continuing provision of hosting services for the backup systems of Frontex and the European Union Agency for Asylum; welcomes the development and implementation of the ‘data-centre-as-a-service’ for centralizing of the operational management, monitoring and capacity planning of the IT infrastructure used by JHA systems; welcomes the progress made on the preparations for the future modular data centre which will provide additional buffer capacity and 50% capacity increase for hosting new JHA systems;