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DRAFT 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-PA-756200

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

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The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on Budgetary Control to incorporate its suggestions into the discharge resolution on Europol's 2022 budget. It welcomes the Court of Auditors' declaration that Europol's 2022 transactions were legal and regular, and welcomes Europol's follow-up on internal controls, data protection, external communication, conflict-of-interest assessment, gender diversity and digitalisation. It recalls the overpayment of EUR 155 553 in daily subsistence allowance for three Seconded National Experts from the Netherlands, which Europol disclosed and decided to waive recovery of, and welcomes Europol's enhanced ex-ante verification. It notes the EDPS request to annul Articles 74a and 74b of the amended Europol Regulation and the General Court's inadmissibility order, and welcomes Europol's efforts on EDPS recommendations. It acknowledges Europol's work with eu-LISA on ETIAS checks and notes the postponement of ETIAS entry into operation to November 2023. It welcomes the amended Europol Regulation in force since 28 June 2022, including the Fundamental Rights Officer and extended competences on support to Member States, private parties, third countries and international organisations.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs proposes that the Committee on Budgetary Control incorporate its suggestions into the discharge resolution, welcoming the Court's declaration and Europol's actions while noting the overpayment, EDPS case and ETIAS postponement.

Key points

  1. The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on Budgetary Control to incorporate its suggestions into the discharge resolution on Europol's 2022 budget.
  2. It welcomes the Court of Auditors' declaration that Europol's 2022 transactions were legal and regular in all material respects.
  3. It welcomes Europol's implementation of Discharge Authority actions on internal controls, data protection, external communication and conflict-of-interest assessment, and further activities on gender diversity and digitalisation.
  4. It recalls the overpayment of EUR 155 553 in daily subsistence allowance for three Seconded National Experts from the Netherlands, which Europol disclosed and decided to waive recovery of under Article 101 of the Financial Regulation 2018/1046.
  5. It welcomes Europol's enhanced ex-ante verification, including resource allocation, to assure legality of financial entitlements before payment.
  6. It notes the EDPS request to annul Articles 74a and 74b of the amended Europol Regulation and the General Court's order deeming the action inadmissible.
  7. It welcomes Europol's efforts to address EDPS recommendations, which substantially increased in 2022.
  8. It acknowledges Europol's work with eu-LISA on automated checks of ETIAS travel application data against Europol data, and notes the postponement of ETIAS entry into operation to November 2023.
  9. It welcomes the amended Europol Regulation in force since 28 June 2022, including the establishment and appointment of a Fundamental Rights Officer within Europol.
  10. It welcomes the extension of Europol's competences as regards support to Member States and possible cooperation with private parties, third countries and international organisations.

Who is affected

  • Europol: its 2022 budget discharge and follow-up on internal controls, data protection and digitalisation.
  • Three Seconded National Experts from the Netherlands: overpayment of daily subsistence allowance.
  • European Data Protection Supervisor: its action against Articles 74a and 74b of the amended Europol Regulation.
  • eu-LISA and ETIAS: automated checks of travel application data against Europol data.
  • Member States, private parties, third countries and international organisations: possible cooperation with Europol under extended competences.

Figures and deadlines

  • EUR 155 553: overpayment of daily subsistence allowance for three Seconded National Experts from the Netherlands in 2022.
  • 16 September 2022: date EDPS requested annulment of Articles 74a and 74b of the amended Europol Regulation.
  • 6 September 2023: date of General Court Order in Case T-578/22 deeming EDPS action inadmissible.
  • 3 January 2022: date of EDPS decision referenced regarding effects of contested provisions.
  • November 2023: postponed entry into operation of ETIAS.
  • 28 June 2022: date amended Europol Regulation entered into force.