Procedure : 2016/2176(DEC)
Document stages in plenary
Document selected : A8-0115/2017

Texts tabled :

A8-0115/2017

Debates :

PV 26/04/2017 - 19
CRE 26/04/2017 - 19

Votes :

PV 27/04/2017 - 5.44
Explanations of votes

Texts adopted :

P8_TA(2017)0175

REPORT     
PDF 283kWORD 60k
29.3.2017
PE 593.869v02-00 A8-0115/2017

on discharge in respect of the implementation of the budget of the European Union Agency for Network and Information Security for the financial year 2015

(2016/2176(DEC))

Committee on Budgetary Control

Rapporteur: Inés Ayala Sender

1. PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION

1. PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION

on discharge in respect of the implementation of the budget of the European Union Agency for Network and Information Security for the financial year 2015

(2016/2176(DEC))

The European Parliament,

–  having regard to the final annual accounts of the European Union Agency for Network and Information Security for the financial year 2015,

–  having regard to the Court of Auditors’ report on the annual accounts of the European Union Agency for Network and Information Security for the financial year 2015, together with the Agency’s replies(1),

–  having regard to the statement of assurance(2) 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 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

–  having regard to the Council’s recommendation of 21 February 2017 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 – C8‑0062/2017),

–  having regard to Article 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(3), and in particular Article 208 thereof,

–  having regard to Regulation (EU) No 526/2013 of the European Parliament and of the Council of 21 May 2013 concerning the European Union Agency for Network and Information Security (ENISA) and repealing Regulation (EC) No 460/2004(4), and in particular Article 21 thereof,

–  having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(5), and in particular Article 108 thereof,

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

–  having regard to the report of the Committee on Budgetary Control (A8-0115/2017),

1.  Grants the Executive Director of the European Union Agency for Network and Information Security discharge in respect of the implementation of the Agency’s budget for the financial year 2015;

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 executive director of the European Union Agency for Network and Information Security, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

2. PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION

on the closure of the accounts of the European Union Agency for Network and Information Security for the financial year 2015

(2016/2176(DEC))

The European Parliament,

–  having regard to the final annual accounts of the European Union Agency for Network and Information Security for the financial year 2015,

–  having regard to the Court of Auditors’ report on the annual accounts of the European Union Agency for Network and Information Security for the financial year 2015, together with the Agency’s replies(6),

–  having regard to the statement of assurance(7) 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 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

–  having regard to the Council’s recommendation of 21 February 2017 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 – C8‑0062/2017),

–  having regard to Article 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(8), and in particular Article 208 thereof,

–  having regard to Regulation (EU) No 526/2013 of the European Parliament and of the Council of 21 May 2013 concerning the European Union Agency for Network and Information Security (ENISA) and repealing Regulation (EC) No 460/2004(9), and in particular Article 21 thereof,

–  having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(10), and in particular Article 108 thereof,

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

–  having regard to the report of the Committee on Budgetary Control (A8-0115/2017),

1.  Approves the closure of the accounts of the European Union Agency for Network and Information Security for the financial year 2015;

2.  Instructs its President to forward this decision to the executive director of the European Union Agency for Network and Information Security, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

3. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Union Agency for Network and Information Security for the financial year 2015

(2016/2176(DEC))

The European Parliament,

–  having regard to its decision on discharge in respect of the implementation of the budget of the European Union Agency for Network and Information Security for the financial year 2015,

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

–  having regard to the report of the Committee on Budgetary Control (A8-0115/2017),

A.  whereas, according to its financial statements, the final budget of the European Union Agency for Network and Information Security (the “Agency”) for the financial year 2015 was EUR 10 064 274, representing an increase of 3,37 % compared to 2014,

B.  whereas the Union's contribution to the Agency’s budget for the financial year 2015 amounted to EUR 9 155 661, representing an increase of 3,8 % compared to 2014,

C.  whereas the Court of Auditors (the “Court”), in its report on the Agency’s annual accounts for the financial year 2015 (the “Court's report”), stated that it has obtained reasonable assurances that the Agency’s annual accounts are reliable and that the underlying transactions are legal and regular,

D.  whereas in the context of the discharge procedure, the discharge authority stresses the particular importance of further strengthening the democratic legitimacy of the institutions of the Union by improving transparency and accountability, implementing the concept of performance based budgeting and good governance of human resources,

Follow-up 2014

1.  Acknowledges the fact that the Agency:

−  will include a standard chapter on transparency, accountability and integrity in its 2016 annual report;

−  as a follow up to the 2013 and 2014 discharges, still make the payments of the rent for the offices in Athens by the Greek authorities with considerable delay, which in turn delays the payments to the landlords in Athens and Heraklion;

2.  Acknowledges the fact that the Agency made continued significant efforts in liaising with the Greek authorities in order to remedy the situation, given that no other solution appears to be currently possible, and the Commission, the Agency and the Greek authorities should find a solution for this issue in order to reduce significantly the risks to which the Agency is exposed;

Budget and financial management

3.  Notes that budget monitoring efforts during the financial year 2015 resulted in an exceptional budget implementation rate of 100 % and that the payment appropriations execution rate was 92,89 %, representing an increase of 7,28 % compared to 2014;

Commitments and carry-overs

4.  Notes that the carry-forwards of committed appropriations for Title II (administrative expenditure) were EUR 150 000 (22 %), which is lower compared to EUR 600 000 (49 %) in 2014; notes, furthermore, that those carry-overs were related mainly to investments in IT infrastructure that were ordered as planned at the end of 2015; points out that the overall rate of appropriations carried forward decreased from 15 % in 2014 to 7 % in 2015;

5.  Notes that carry-overs may often be partly or fully justified by the multiannual nature of the agencies’ operational programmes and do not necessarily indicate weaknesses in budget planning and implementation nor are they always at odds with the budgetary principle of annuality, in particular if they are planned in advance by the Agency and communicated to the Court;

Procurement and recruitment procedures

6.  Notes that at the end of 2015 the Agency employed 69 members of staff; notes furthermore that 4 members of staff left the Agency during 2015 and that it recruited 17 new members of staff;

7.  Notes that the Agency finds it difficult to recruit, attract and retain suitably qualified staff, mainly due to the types of post that are being offered (contract agents posts) and the low coefficient factor which applies to salaries of the Agency’s employees in Greece; calls on the Agency and the Commission to report back to the discharge authority on the possible solutions to the problem;

Prevention and management of conflicts of interest and transparency

8.  Notes that the Agency intends to adopt internal rules on whistleblowing during the first quarter of 2017; calls on the agency to adopt an internal whistleblowing policy that will foster a culture of transparency and accountability in the workplace, to inform and train employees regularly on their duties and rights, to ensure protection of whistleblowers from reprisals, to follow up the substance of whistleblowers' alerts in a timely manner, and put in place a channel for anonymous internal reporting; calls on the Agency to publish annual reports on the number of whistleblower cases and the follow-up received and to reported to the discharge authority; asks the Agency to report to the discharge authority when the whistleblowing rules are established and implemented;

9.  Notes with concern that the CVs and declarations of interest of the Agency’s management board members and of its executive board are not published on its website, except for the CV of the management board chair; notes with concern that the Agency has not provided for any arrangements for checking or updating of the declarations of interest; calls on the Agency to remedy the situation and publish those the documents without further delay to ensure necessary public oversight and scrutiny of its management; calls on the Agency to ensure that those declarations of interest are regularly checked and updated;

10.  Notes with concern that the Agency has not provided for any specific initiative to improve transparency in its contacts with lobbyists and stakeholders; calls on the Agency to enact a proactive lobby transparency policy;

Internal audit

11.  Notes that the Agency had one open recommendation by the Commission’s internal audit service (IAS) which was closed in January 2015; notes, moreover, that the IAS was to undertake a risk assessment for the Agency in 2016; looks forward to the Agency’s 2016 annual report and more information on the risk assessment undertaken;

Internal control

12.  Notes that, according to the Agency, the extensive ex-post control of the financial year 2014, in line with internal control standard (ICS) No 8 “processes and procedures”, resulted in a number of recommendations, all of which were addressed during 2015; acknowledges, furthermore, that 174 financial transactions representing 70,99 % of the 2014 Agency’s budget were controlled, resulting in one issued recommendation regarding the delay of payments; acknowledges that the delay did not generate any interest to be paid;

Other comments

13.  Notes that, according to the Court’s report, the preamble to Regulation (EU) No 526/2013 states that the staff primarily engaged in the administration should be based in Heraklion; acknowledges the fact that, according to the settled case-law, the Agency did not consider the preamble of Regulation (EU) No 526/2013 to be a restrictive factor in the relocation;

14.  Acknowledges the fact that the Agency, in its communication with the local authorities and the Commission, has continued to emphasise the advantages of relocating the Agency to the single office in Athens; notes, furthermore, that the estimated cost regarding the relocation of the remaining 14 members of staff in Heraklion as well as of all the furniture is approximately EUR 360 000; encourages the Greek authorities, the Commission and the Agency to find a solution for the issue of the Agency’s two locations as soon as possible in order to ensure a much more efficient use of Union funds;

15.  Notes that 68 members of staff participated in 2015 in an away day for which the cost was EUR 9 585 (EUR 141 per person);

°

°  °

16.  Refers, for other observations of a cross-cutting nature accompanying its decision on discharge, to its resolution of [xx xxxx 2017](11) [on the performance, financial management and control of the agencies].).

INFORMATION ON ADOPTION IN COMMITTEE RESPONSIBLE

Date adopted

22.3.2017

 

 

 

Result of final vote

+:

–:

0:

23

5

0

Members present for the final vote

Inés Ayala Sender, Dennis de Jong, Tamás Deutsch, Martina Dlabajová, Luke Ming Flanagan, Ingeborg Gräßle, Cătălin Sorin Ivan, Jean-François Jalkh, Bogusław Liberadzki, Monica Macovei, Notis Marias, José Ignacio Salafranca Sánchez-Neyra, Petri Sarvamaa, Claudia Schmidt, Bart Staes, Hannu Takkula, Derek Vaughan, Joachim Zeller

Substitutes present for the final vote

Richard Ashworth, Gerben-Jan Gerbrandy, Benedek Jávor, Karin Kadenbach, Julia Pitera, Patricija Šulin

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

Raymond Finch, Jens Geier, Piernicola Pedicini, Janusz Zemke

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

23

+

ALDE

ECR

GUE/NGL

PPE

S&D

VERTS/ALE

Martina Dlabajová, Gerben-Jan Gerbrandy, Hannu Takkula

Monica Macovei

Luke Ming Flanagan, Dennis de Jong

Tamás Deutsch, Ingeborg Gräßle, Julia Pitera, José Ignacio Salafranca Sánchez-Neyra, Petri Sarvamaa, Claudia Schmidt, Joachim Zeller, Patricija Šulin

Inés Ayala Sender, Jens Geier, Cătălin Sorin Ivan, Karin Kadenbach, Bogusław Liberadzki, Derek Vaughan, Janusz Zemke

Benedek Jávor, Bart Staes

5

-

ECR

EFDD

ENF

Richard Ashworth, Notis Marias

Raymond Finch, Piernicola Pedicini

Jean-François Jalkh

0

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

(1)

OJ C 449, 1.12.2016, p. 138.

(2)

OJ C 449, 1.12.2016, p. 138.

(3)

OJ L 298, 26.10.2012, p. 1.

(4)

OJ L 165, 18.6.2013, p. 41.

(5)

OJ L 328, 7.12.2013, p. 42.

(6)

OJ C 449, 1.12.2016, p. 138.

(7)

OJ C 449, 1.12.2016, p. 138.

(8)

OJ L 298, 26.10.2012, p. 1.

(9)

OJ L 165, 18.6.2013, p. 41.

(10)

OJ L 328, 7.12.2013, p. 42.

(11)

Texts adopted of that date, P[8_TA(-PROV)(2017)0000].

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