On discharge in respect of the implementation of the budget of the EU agencies for the financial year 2023

PA_NonLegDec

OPINION

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

Part I – Discharge in respect of the implementation of the budget of the European Union Agency for Criminal Justice Cooperation for the financial year 2023

1. Notes the emphasis of matter to the annual accounts issued by the Court of Auditors (the ‘Court’); acknowledges the response of the European Union Agency for Criminal Justice Cooperation (Eurojust), notably that the high rate of late payments were due to technical difficulties in processing the transactions when using SUMMA, a new budgetary, accounting and financial system still in a pilot phase;

2. Welcomes the fact that the casework carried out by Eurojust is steadily increasing, in 2023 by 14%, more than 13 000 cases were handled by Eurojust, which also organised 577 Coordination Meetings and 21 Coordination Centres, provided legal, technical, financial and/or operational support to 288 Joint Investigation Teams, facilitated the execution of 1 259 European Arrest Warrants, contributed to the arrest of more than 4 200 suspects and the seizure and/or freezing of criminal assets worth over EUR 1 billion, drafted 1 013 operational deliverables in support to cases (analyses, legal notes etc.) and enabled the use of 6 299 European Investigation Orders;

3. Commends Eurojust’s efforts towards the digitalisation of justice, namely the implementation of a new Case Management System following the latest amendment to the Eurojust Regulation, the implementation of the new JITs Collaboration Platform, and its efforts to fulfil its role as the contact point for third countries and international organisations regarding ECRIS-TCN requests in the context of criminal proceedings;

4. Appreciates Eurojust’s continued support to Ukraine, by the JIT investigating alleged core international crimes committed in Ukraine, by operating the Core International Crimes Evidence Database (CICED) to preserve, store and analyse evidence of core international crimes in a single, secure, central database, by ensuring a safe digital data transmission method for the evidence submission, and its analysis; further welcomes the launching of the new International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA) at Eurojust with the aim to support national investigations and agree on common investigative and prosecution strategies, and by actively contributing to the work of the Seize and Freeze taskforce in order to ensure the effective implementation of EU sanctions across the European Union;

5. Notes with satisfaction the strong collaboration with the Justice and Home Affairs Agencies, notably the conclusion of a new working arrangement with European Anti-Fraud Office (OLAF), the opening of 15 new cases where Eurojust supported European Public Prosecutor’s Office (EPPO) as well as the cooperation on 42 cases with European Union Agency for Law Enforcement Cooperation (Europol) including on a pilot project for the systematic and structural exchange of data for link detection purposes;

6. Notes with satisfaction that Eurojust continues to support the Commission in the revision of the negotiations of the international agreements on cooperation with Eurojust, between the Union and 13 third countries.

Part II – Discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights for the financial year 2023

1. Notes the Court’s observation on recurrent high rates of carry-overs related to operational activities amounting to EUR 6,4 million (23 %) of available 2023 commitment appropriations to 2024; notes that it is a lower rate than in 2022, when the rates of carry-overs were 26%;

2. Commends the European Union Agency for Fundamental Rights’ (FRA) assistance to policymakers implementing existing EU law and policies in the field of equality and anti-discrimination, such as EU law and policies combating racism and antisemitism, supporting the collection of equality data and the implementation of national Roma strategic frameworks, and providing input for to the mid-term review of the 2020–2025 LGBTIQ equality strategy, the protection of civil society and of human rights defenders at risk, as well as supporting the revision of the victims’ rights directive, and advising on the implementation of the horizontal enabling conditions related to fundamental right for the use of EU funds;

3. Emphasises FRA’s guidance and engagement in the area of asylum and migration, including cooperation with the European Union Asylum Agency (EUAA) to enhancing the understanding of guardians and legal representatives assisting unaccompanied children seeking international protection within the Union and the training provided to staff of Europol enhancing awareness and understanding of fundamental rights considerations in relevant operational contexts; welcomes FRA’s timely input on the temporary protection directive implementation in the context of refugees fleeing from Ukraine, as well as on identifying the challenges with regard to the implementation of Union law on long-term residence, and the list of actions the Union and its Member States can take to reduce fatalities at sea;

4. Welcomes FRA's contribution to the evaluation of the European Border and Coast Guard Regulation (‘the EBCG Regulation’), participation in European Border Coast Agency (Frontex) Management Board meetings and co-chairing the Frontex Consultative Forum on Fundamental Rights, and cooperation with the Fundamental Rights Office at Frontex;

5. Notes with satisfaction that FRA provided fundamental rights analysis and expertise to support the activities and work of other EU justice and home affairs (JHA) agencies, including the EUAA, Frontex, Europol, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and European Union Agency for Law Enforcement Training (CEPOL);

6. Welcomes FRA’s cooperation with the European Union Agency for Cybersecurity (ENISA) on safeguarding privacy and data protection throughout the development and implementation of cybersecurity initiatives, and with eu-LISA on guaranteeing that the design and use of IT systems adheres to fundamental rights standards.

Part III – Discharge in respect of the implementation of the budget of the European Union Asylum Agency for the financial year 2023

1. Notes that in 2023, over 1,1 million applications for international protection (+18 % compared to 2022) were submitted, and more than 1 million decisions granting temporary protection were issued in 29 EU+ countries; highlights the substantial support EUAA has provided to Member States in that context;

2. Welcomes the fact that the Asylum Reserve Pool became operational and, by the end of 2023, included close to 350 experts; regrets that due to delays in nominations by some Member States of their respective experts, the envisaged number, 500, was not yet reached;

3. Welcomes the fact that the EUAA’s first fundamental rights officer (FRO) took office on 16 May 2023; appreciates the concept of a visible and easily accessible complaints mechanism developed by the FRO in consultation with the Commission and the Consultative Forum;

4. Welcomes the adoption of the EUAA revised external cooperation strategy and strategy on vulnerability; underlines that both should serve as a guarantee for the protection of fundamental rights in the asylum and reception systems of EU+ countries;

5. Appreciates the efforts of EUAA to move towards digitalisation, including by adopting the strategy on digital innovation in asylum procedures and reception systems;

6. Notes with satisfaction that 1 000 training sessions were organised by EUAA, and that there is a constant increase in terms of the number of asylum and reception officials and civil society actors trained (+6 % compared to 2022); welcomes the further development of the European asylum curriculum, with training modules such as the ones addressing gender-based violence and the situation of children in the asylum process;

7. Reiterates its call from last year that the EUAA should keep Parliament regularly updated on all OLAF investigations.

Part IV – 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 for the financial year 2023

1. Regrets that in 2023, an amount of EUR 12,6 million, representing 3,2 % of the total payment appropriations available, was non-compliant expenditure which exceeded the materiality threshold set for the audit and therefore resulted a qualified opinion on the legality and regularity of payments by the Court;

2. Notes with concern the emphasis of matter to the annual accounts issued by the Court due to two active framework contracts; reiterates its concern that several observations form the Court from previous years are still ongoing; calls on eu-LISA to follow up on the observations from the Court and to step up efforts to implement corrective actions in all remaining cases of non-compliance and to report to the discharge authority on the progress achieved;

3. Acknowledges eu-LISA’s efforts to achieve the objectives set for 2023 in the Single Programming Document 2023–2025; notes with satisfaction the full implementation of the renewed Schengen Information System (SIS) in March and the smooth integration of Cyprus to SIS in July 2023 and the integration of Croatia into Visa Information System (VIS);

4. Notes the new Interoperability roadmap; regrets that the new timeline for the roll-out and interoperability of EU information systems was necessary due to delays in development of the Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS) and European Criminal Records Information System on third-country nationals (ECRIS-TCN); underlines that swift, effective, and reliable information exchange is critical for sustaining and strengthening the Union’s area of freedom, security, and justice;

5. Welcomes the fact that eu-LISA also focused on cybersecurity and combating threats in the cyber domain, in particular making necessary preparations for obligations stemming from the new Union regulations on information security and cybersecurity; highlights the fact that eu-LISA operates and maintains a security monitoring platform, cybersecurity incident plan, response playbooks, and 24/7 stand-by duty arrangements to ensure timely identification of and response to cyber threats; welcomes the role of eu-LISA in supporting inter-agency cybersecurity exercises in cooperation with the JHA Agencies Network (JHAAN);

6. Welcomes the fact that eu-LISA started preparations for taking over the operational management of the e-CODEX system (e-Justice Communication via Online Data Exchange) and that also commenced preparations for the design and development of the Joint Investigation Teams collaboration platform (JITs CP) to provide secure electronic information exchange for cross-border criminal investigations.

Part V – Discharge in respect of the implementation of the budget of the European Border and Coast Guard Regulation, the participation in European Border Coast Agency for the financial year 2023

1. Notes the significant increase in returns, with Frontex exceeding its target of 20 000 by assisting 39 239 returns in total, including an impressive 87% increase in voluntary returns and a 20% rise in forced returns compared to 2022; welcomes the enhanced support provided to Member States in post-return and post-arrival assistance, with Frontex exceeding its target of 5 000 cases in the Joint Reintegration System, successfully managing 6 438 cases in 2023;

2. Notes the progressive expansion of cooperation with third countries throughout 2023, marked by a variety of activities such as familiarisation visits, identification missions, and workshops, totalling 36 initiatives aimed at strengthening collaboration;

3. Acknowledges the essential role Frontex plays in Search and Rescue (SAR) operations, with maritime and aerial assets deployed in joint operations responding to 785 incidents involving 43 508 migrants, underscoring the critical contribution of Frontex to humanitarian efforts;

4. Highlights the positive progress in implementing Fundamental Rights targets, including the ongoing execution of the Fundamental Rights Action Plan and the independent evaluation of the Agency’s compliance with the Fundamental Rights Framework, in line with the EBCG Regulation; welcomes the proactive follow-up by Frontex on complaints related to fundamental rights, with the majority being dismissed for non-admissibility; welcomes Frontex's reinforced commitment to transparency and accountability;

5. Supports Frontex’s continued efforts to strengthen its FRO, noting the employment of 46 Fundamental Rights Monitors (FRM) in 2023; stresses the importance of ensuring that all FRMs are recruited in AD grade, to further enhance their capacity and independence; recognises that Frontex has taken significant steps in responding to the opinions of the FRO, particularly on issues such as gender mainstreaming and human trafficking;

6. Notes with appreciation that most Fundamental Rights targets were met in 2023, contributing to a more robust and rights-based approach to Frontex operations; calls for continued focus on implementing concrete actions based on the recommendations of the FRO and for further strengthening Frontex’s human rights framework;

7. Acknowledges the submission of 104 serious incident reports in 2023, 48 of which were related to fundamental rights, which also highlights Frontex's commitment to transparency, accountability, and continuous improvement;

8. Calls on Frontex to prioritise the full implementation of all outstanding recommendations from European audit and scrutiny bodies, particularly those from the European Parliament’s Frontex Scrutiny Working Group, the European Ombudsman, the Court, and the Frontex Working Group on Fundamental Rights and Legal Operational Aspects of Operations (WG FRaLO);

9. Notes the Court’s observations regarding the calculation of contributions from Schengen associated countries (SAC), which were raised in 2022; acknowledges the clarification of Frontex that these calculations follow established practices endorsed by the Management Board and the Commission; encourages the Commission to review these agreements to ensure greater consistency in the method of setting contributions to the Union and its agencies;

10. Calls on the Commission, in light of the challenging migration crisis, to follow up on Commission President Ursula von der Leyen’s statement of July 2024 declaring that Frontex is well-positioned to further increase its staff to up to 30 000 agents; underlines that this expansion would significantly enhance Frontex’s capacity to manage migration flows and ensure security at the Union’s external borders, reinforcing its vital role in the Union’s broader migration strategy.

Part VI – Discharge in respect of the implementation of the budget of the European Union Agency for Law Enforcement Training for the financial year 2023

1. Acknowledges that CEPOL intensified its efforts to provide a comprehensive training portfolio on all areas of the European Multidisciplinary Platform Against Criminal Threats (EMPACT); notes that Serious and Organised Crime and Cybercrime were the most popular topics attended by almost 62% of total number of participants in 2023;

2. Welcomes that CEPOL published the EU Strategic Training Needs Assessment 2022-2025 mid-term review, which identifies newly emerged strategic and EU-level training needs of law enforcement officials;

3. Welcomes the fact that CEPOL continued to provide a cyber training portfolio through its CEPOL Cybercrime Academy; welcomes the fact that the dedicated training activities improved cybercrime knowledge and cyber capacities in Europe in the fields of the fight against child sexual exploitation, online fraud schemes and cyber-attacks and that CEPOL developed its first ever dedicated workshop on artificial intelligence;

4. Notes with regret that the training activities in the area of fundamental rights and data protection decreased in 2023 (when 19 activities were implemented with 2063 participants) in comparison to 2022 (30 activities with 4 014 participants); underlines that the core objective of CEPOL is to support, develop, implement and coordinate training for law enforcement officials, while putting particular emphasis on the protection of human rights and fundamental freedoms in the context of law enforcement; acknowledges at the same time that the total number of participants increased to 46 431.

Part VII – Discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2023

1. Notes that on 1 July 2023, the new Regulation of the European Union Drugs Agency (EUDA), repealing and replacing the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) Regulation, entered into force and welcomes the new, broader mandate for the EMCDDA;

2. Welcomes the contribution of EMCDDA to the EMPACT and to the operational action plans (OAPs) of the EU policy cycle on organised and serious international crime; appreciates the contribution provided by EMCDDA to new EU Roadmap to step up the fight against drug trafficking and criminal networks;

3. Welcomes the fact that EMCDDA continued to implement the EU Early Warning System (EWS) in collaboration with partners in Member States and, as a result, 26 new psychoactive substances (NPS) were notified; notes that the total number of NPS currently monitored is approximately 950; appreciates the technical report on Hexahydrocannabinol (HHC) and related substances;

4. Acknowledges that EMCDDA produced 30 scientific and institutional publications in 2023, and also authored or co-authored 14 scientific articles and book chapters, enhancing the agency’s scientific reputation;

5. Welcomes the launch of the digital-first, modular, European Drug Report 2023, and the launch of the modules on amphetamine and cannabis of the joint EMCDDA-Europol report EU Drug Markets: In-depth Analysis;

6. Notes with satisfaction that EMCDDA provided regular support and information on cannabis policies to national policymakers and coordinated preparatory scientific reviews of cannabis-related harm, treatment and harm-reduction practices;

7. Highlights that EMCDDA trained more than 3 300 professionals working in the drugs field, including health workers, law enforcement officers and policymakers within and outside the Union and that the eight webinars organised by EMCDDA were attended by approximately 4 800 professionals; welcomes the cooperation with CEPOL and Europol.

Part VIII – Discharge in respect of the implementation of the budget of the European Union Agency for Law Enforcement Cooperation for the financial year 2023

1. Recalls the Court’s observation on the legality and regularity of transactions connected to an operational grant intended to fund the activities of a national police force in a Member State; notes that the Court highlighted that part of the grant, amounting to EUR 279 000, was irregular; welcomes Europol’s decision to ensure that VAT will no longer be considered an eligible cost for operational grants, reinforcing its commitment to financial transparency;

2. Notes with satisfaction that, in 2023, Europol accepted 107 856 operational contributions, supported 3 155 operations, established 27 Operational Task Forces, delivered 21 096 first line SIENA responses, and provided increased operational information capabilities to national authorities, Member States and third parties;

3. Commends the successful deployment of PERCI (EU Platform on Illegal Content Online), particularly with the full implementation of the European Data Protection Supervisor (EDPS) recommendations; appreciates the strong cooperation with EDPS and the joint working group established with Frontex to follow up on EDPS’ recommendations in relation to Frontex’s PeDRA (Processing personal data for risk analysis) programme where both agencies share a strong interest in protecting fundamental rights while advancing security;

4. Welcomes the implementation of the Europol Regulation as amended in 2022, especially the swift appointment of an FRO in January 2023, marking a significant step towards enhancing Europol’s commitment to human rights in its operations;

5. Appreciates Europol’s ongoing and invaluable support to Ukraine, particularly through its participation in the Joint Investigation Team focused on investigating alleged core international crimes committed in Ukraine; notes with satisfaction the creation of an Operational Task Force (OTF) aimed at providing targeted support to ongoing investigations into war crimes, showcasing Europol’s crucial role in international justice and accountability;

6. Further acknowledges the Commission's efforts towards a stronger and more secure Europe, as outlined by President Ursula von der Leyen in her statement of 2024; calls on the Commission to double Europol's staff and recognise Europol’s central role in ensuring security across the Union and its capacity to respond to emerging threats; further underlines that this expansion will further enhance Europol's ability to support Member States in combating serious and organised crime, both online and offline, thereby contributing to a safer and more secure Europe for all.