Procedure : 2015/2162(DEC)
Document stages in plenary
Document selected : A8-0109/2016

Texts tabled :

A8-0109/2016

Debates :

PV 27/04/2016 - 17
CRE 27/04/2016 - 17

Votes :

PV 28/04/2016 - 4.22
Explanations of votes

Texts adopted :

P8_TA(2016)0158

REPORT     
PDF 357kWORD 92k
8.4.2016
PE 571.507v02-00 A8-0109/2016

on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section IX – European Data Protection Supervisor

(2015/2162(DEC))

Committee on Budgetary Control

Rapporteur: Monica Macovei

 1. PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION


1. PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION

on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section IX – European Data Protection Supervisor

(2015/2162(DEC))

The European Parliament,

–  having regard to the general budget of the European Union for the financial year 2014(1),

–  having regard to the consolidated annual accounts of the European Union for the financial year 2014 (COM(2015)0377 – C8‑0207/2015)(2),

–  having regard to the Court of Auditors’ annual report on the implementation of the budget concerning the financial year 2014, together with the institutions’ replies(3),

–  having regard to the statement of assurance(4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

–  having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(5), and in particular Articles 55, 99, 164, 165 and 166 thereof,

–  having regard to Rule 94 of and Annex V to its Rules of Procedure,

–  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0109/2016),

1.  Grants the European Data Protection Supervisor discharge in respect of the implementation of the budget of the for the financial year 2014;

2.  Sets out its observations in the resolution below;

3.  Instructs its President to forward this decision and the resolution forming an integral part of it to the European Data Protection Supervisor, the European Council, the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman, and the European External Action Service, and to arrange for their publication in the Official Journal of the European Union (L series).

2. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

with observations forming an integral part of the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section IX – European Data Protection Supervisor

(2015/2162(DEC))

The European Parliament,

–  having regard to its decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section IX – European Data Protection Supervisor,

–  having regard to Rule 94 of and Annex V to its Rules of Procedure,

–  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0109/2016),

1.  Notes the conclusion of the Court of Auditors (“the Court”) that the payments as a whole for the year ended 31 December 2014 for administrative and other expenditure of the European Data Protection Supervisor ("the Supervisor") were free from material error and that the examined supervisory and control systems for administrative and other expenditure were effective;

2.  Notes that in the Court’s annual report on the implementation of the Supervisor’s budget concerning the financial year 2014 (“the Court’s report”), the Court observed that no serious weaknesses had been identified in respect to the audited topics related to the human resources and procurement for the Supervisor;

3.  Notes that in 2014 the Supervisor had a total allocated budget of EUR 8 012 953 (EUR 7 661 409 in 2013) and that the implementation rate was 92 % (84,7 % in 2013); welcomes the improved result;

4.  Regrets that the Court’s report was stated as being confidential in the Supervisor’s annual activity report (“AAR”) for 2014;

5.  Stresses that the Supervisor's budget is purely administrative, with a large amount being used for expenditure relating to persons working within the institution and the remaining amount relating to buildings, furniture, equipment and miscellaneous running costs;

6.  Notes that all open recommendations made by the Internal Audit Service were closed in 2014, including that on securing the data contained in complaints;

7.  Notes that further to internal audit recommendations and according to the Supervisor's Strategic Internal Audit Plan, a Procurement Plan was adopted for the first time for the year 2014; encourages the Supervisor to improve its financial autonomy;

8.  Regrets that the Supervisor did not make available full information about its policy on conflicts of interest; urges the Supervisor to adhere to the rules covered by Article 16 of the Staff Regulations and to lay down clear binding rules regarding "revolving doors" in accordance with the guidelines published by the Commission and to inform Parliament in its AAR for 2015;

9.  Notes that a decision on internal rules concerning whistleblowing was adopted by the Supervisor in 2015; asks the Supervisor to include that information in its AAR for 2015 and to ensure full compliance with Article 22c of the Staff Regulations, which came into force on 1 January 2014;

10.  Notes that very limited information is available on procurement procedures and selection criteria of contractors; observes that only one contract award decision for 2014 is published on the Supervisor´s website; calls on the Supervisor to include a list of all contracts awarded in which it has participated, even if launched by other institutions, and their procedures and selection criteria on their website and in itsAAR for 2015;

11.   Notes the agreement achieved at the end of 2015 by Parliament and the Council on the new data protection legal framework, proposed by the Commission on 25 January 2012;

12.   Reiterates its call to be informed about the use of videoconferencing facilities in 2014; welcomes the information on the use of new devices, such as Parliament’s voxbox;

13.  Endorses the use of key performance indicators to assess the efficient use of resources; calls on the Supervisor to continue to provide the scoreboard in its AARs;

14.  Reiterates Parliament's request made last year for the Supervisor's building policy to be attached to its AAR, especially given that it is important that the costs of such a policy be properly rationalised and not excessive; calls, therefore, on the Supervisor to provide the discharge authority with its building policy in its AAR for 2015;

15.  Reiterates Parliament's request made last year to have an exhaustive table of all the human resources at the Supervisor's disposal, with a break-down according to grade, sex and nationality; notes that that table should be automatically included in the Supervisor’s AARs; calls, therefore, on the Supervisor to provide Parliament with an exhaustive table of all human resources as detailed in this paragraph in its AAR for 2015;

16.  Notes that appropriations allocated to missions, travels and other ancillary expenditure of its Members and staff were kept unchanged in 2014; calls on the Supervisor to reduce that expenditure, where possible, without undermining its role;

17.  Calls on the Supervisor to provide, by the end of May 2016, detailed information on missions undertaken by its Members and staff in its AARs, including the cost of each mission;

18.  Notes the cut to the budget lines for translation, publications and activities of the Supervisor.

19.2.2016

OPINION of the Committee on Civil Liberties, Justice and Home Affairs

for the Committee on Budgetary Control

on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section IX – European Data Protection Supervisor

(2015/2162(DEC))

Rapporteur: Monica Macovei

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.  Notes that the ECA did not identify in its 2014 report any serious weaknesses in respect of the topics audited for the European Data Protection Supervisor (EDPS);

2. Regrets that ECA report was stated as being confidential in the Annual Activity Report;

3.  Notes that further to internal audit recommendations and according to the EDPS Strategic Internal Audit Plan, a Procurement Plan was adopted for the first time for the year 2014; encourages the EDPS to improve its financial autonomy;

4.  Stresses that little to no information is available on the website of the Agency on procurement procedures, exclusion and selection criteria; observes that only one contract award decision is published on the website and asks the EDPS to publish all contracts awarded;

5.  Calls on the EDPS to make available full information about its policy on conflict of interest; notes that CVs and Declarations of Interest for staff in the organizational chart and for national experts are not published in accordance with the guidelines of the Commission from December 2013; asks the EDPS to take corrective measures and to lay down severe and clear rules against "revolving doors";

6.  Notes that a Decision on whistleblowing rules was adopted by the EDPS in 2015; urges the EDPS to publish this Decision and ensure full and binding compliance with Article 22c of the EU Staff Regulations, which came into force on 1 January 2014.

RESULT OF FINAL VOTE IN COMMITTEE ASKED FOR OPINION

Date adopted

16.2.2016

 

 

 

Result of final vote

+:

–:

0:

53

2

0

Members present for the final vote

Jan Philipp Albrecht, Gerard Batten, Michał Boni, Caterina Chinnici, Ignazio Corrao, Rachida Dati, Agustín Díaz de Mera García Consuegra, Frank Engel, Cornelia Ernst, Tanja Fajon, Laura Ferrara, Monika Flašíková Beňová, Lorenzo Fontana, Kinga Gál, Nathalie Griesbeck, Sylvie Guillaume, Jussi Halla-aho, Monika Hohlmeier, Brice Hortefeux, Sophia in ‘t Veld, Eva Joly, Sylvia-Yvonne Kaufmann, Timothy Kirkhope, Barbara Kudrycka, Kashetu Kyenge, Juan Fernando López Aguilar, Monica Macovei, Roberta Metsola, Claude Moraes, József Nagy, Péter Niedermüller, Soraya Post, Judith Sargentini, Birgit Sippel, Branislav Škripek, Traian Ungureanu, Bodil Valero, Udo Voigt, Josef Weidenholzer, Cecilia Wikström, Kristina Winberg, Tomáš Zdechovský

Substitutes present for the final vote

Marina Albiol Guzmán, Carlos Coelho, Anna Maria Corazza Bildt, Pál Csáky, Daniel Dalton, Dennis de Jong, Gérard Deprez, Anna Hedh, Petr Ježek, Emil Radev, Christine Revault D’Allonnes Bonnefoy, Barbara Spinelli, Elissavet Vozemberg-Vrionidi

RESULT OF FINAL VOTE IN COMMITTEE RESPONSIBLE

Date adopted

4.4.2016

 

 

 

Result of final vote

+:

–:

0:

16

4

1

Members present for the final vote

Louis Aliot, Inés Ayala Sender, Dennis de Jong, Martina Dlabajová, Ingeborg Gräßle, Verónica Lope Fontagné, Monica Macovei, Dan Nica, Gilles Pargneaux, Georgi Pirinski, Petri Sarvamaa, Claudia Schmidt, Bart Staes, Marco Valli, Derek Vaughan, Anders Primdahl Vistisen, Tomáš Zdechovský

Substitutes present for the final vote

Marian-Jean Marinescu, Miroslav Poche

Substitutes under Rule 200(2) present for the final vote

Birgit Collin-Langen, Bodil Valero

(1)

OJ L 51, 20.2.2014.

(2)

OJ C 377, 13.11.2015, p. 1.

(3)

OJ C 373, 10.11.2015, p. 1.

(4)

OJ C 377, 13.11.2015, p. 146.

(5)

OJ L 298, 26.10.2012, p. 1.

Legal notice