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Document 52023BP1878

    Resolution (EU) 2023/1878 of the European Parliament of 10 May 2023 with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Fisheries Control Agency (EFCA) for the financial year 2021

    OJ L 242, 29.9.2023, p. 286–290 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    ELI: http://data.europa.eu/eli/res/2023/1878/oj

    Date of document:
    10/05/2023; Date of vote
    Date of vote:
    10/05/2023
    Author:
    European Parliament
    Form:
    Resolution
    Parliamentary term:
    Ninth legislature
    Treaty:
    Treaty on the Functioning of the European Union
    Legal basis:
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    Instruments cited:
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    29.9.2023   

    EN

    Official Journal of the European Union

    L 242/286

    RESOLUTION (EU) 2023/1878 OF THE EUROPEAN PARLIAMENT

    of 10 May 2023

    with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Fisheries Control Agency (EFCA) for the financial year 2021

    THE EUROPEAN PARLIAMENT,

    —

    having regard to its decision on discharge in respect of the implementation of the budget of the European Fisheries Control Agency for the financial year 2021,

    —

    having regard to Rule 100 of and Annex V to its Rules of Procedure,

    —

    having regard to the opinion of the Committee on Fisheries,

    —

    having regard to the report of the Committee on Budgetary Control (A9-0112/2023),

    A.

    whereas, according to its statement of revenue and expenditure (1), the final budget of the European Fisheries Control Agency (the ‘Agency’) for the financial year 2021 was EUR 21 621 000, representing an increase of 22,99 % compared to 2020 due to additional activities assigned to the Agency in the framework of the Trade and Cooperation Agreement (TCA) with the United Kingdom; whereas the budget of the Agency derives from the Union budget and earmarked revenue;

    B.

    whereas the Court of Auditors (the ‘Court’) states in its report on the Agency’s annual accounts for the financial year 2021 (the ‘Court’s report’) that it has obtained reasonable assurance that the Agency’s annual accounts are reliable and that the underlying transactions are legal and regular;

    Budget and financial management

    1.

    		 Expresses its satisfaction with the Court’s statement that the Agency’s accounts for the year ended 31 December 2021 are in compliance with the Union’s Financial Regulation and with the accounting rules adopted by the Commission’s accounting officer;

    2.

    		 Notes that the Agency received a EUR 21 million contribution under the general budget of the Union in 2021, representing an increase of 24,3 % in respect of 2020; points out that both the Agency’s annual budget and its complement of staff are among the lowest among Union agencies;

    3.

    		 Welcomes the additional EUR 4 million subsidy from the Commission in the framework of the TCA with the United Kingdom through an amended budget allocated to the Agency with a view to handling the increased workload caused by the withdrawal of the United Kingdom from the Union and any potential consequences of the new relationship for the fisheries control framework;

    4.

    		 Notes that the budget monitoring efforts during the financial year 2021 resulted in a budget implementation of current year commitment appropriation rate of 99,07 %, representing a slight increase of 1,80 % compared to 2020; notes that the current year payment appropriations execution rate was at 74,48 %, representing a decrease of 6,70 % compared to 2020;

    Performance

    5.

    		 Recalls the Agency’s vital contribution to implementing the objectives of the common fisheries policy (CFP), and in particular of fisheries control; stresses that the revision of the Regulation governing fisheries control will increase the Agency’s supportive workload; emphasises the incoherence of seeking to tackle growing obligations without sufficient resources to do so; stresses, therefore, that the financial and human resources available to the Agency need to be sufficient in the coming years;

    6.

    		 Notes with satisfaction that the Agency uses key performance indicators to assess the results provided by its activities, such as on inspections and infringements trends, on the evolution of compliance levels, on training provided and on budget implementation, amongst others; notes, moreover, that the Agency implemented 98,6 % of the Annual Work Programme, despite the challenges still caused by the COVID-19 pandemic;

    7.

    		 Notes that, in 2021, the Agency reported 53 567 inspections (at sea and ashore), which led to the detection of 4 928 suspected infringements, representing an increase, respectively, of 39 % and 109 % on the 2020 figures; believes that those figures show that inspections and follow-up activities remain a key tool for ensuring that the rules of the CFP are observed; points out, however, that that increase conceals disparities between areas, with a decrease in the North Sea (– 67 %) and the Black Sea (– 1 %) and an increase in Western Waters (+ 24 %), the Mediterranean Sea (+ 82 %), the Baltic Sea (+ 14 %) and NAFO-NEAFC (+ 163 %); takes note of the fact that the significant decrease in the North Sea is mainly driven by the absence of inspections that were previously conducted by the United Kingdom, which constituted 70 % of inspections in 2020; invites the Agency to provide more detailed information on the reasons for those changes; points out that inspections and other follow-up activities play a key role not only in the proper management of fish stocks but also in ensuring a level playing field for Union fishers;

    8.

    		 Notes the amendment of the work programme in relation to the monitoring, control and surveillance regime under the CFP, the measures entailed by the TCA with the United Kingdom, and the anticipation of projects under the European Maritime, Fisheries and Aquaculture Fund;

    9.

    		 Highlights, in relation to the fight against illegal, unreported and unregulated (IUU) fishing, that the Agency has an important role to encourage an increased and harmonised application of the Union control systems in place to combat illegal fishing;

    10.

    		 Welcomes the Agency’s continued cooperation with the European Border and Coast Guard Agency (Frontex) and the European Maritime Safety Agency (EMSA) to support national authorities carrying out coastguard functions; considers that cooperation to be an example of synergy between Union agencies that should inspire agencies in other areas; calls on the Agency to continue its efforts in that regard and considers it appropriate also to increase the cooperation between the Agency and the European Environment Agency;

    11.

    		 Highlights the role of the Agency in offering capacity-building and training to third countries and the Agency’s crucial role in securing a level playing field with all coastal states;

    Staff policy

    12.

    		 Notes with satisfaction that, on 31 December 2021, the establishment plan was 100 % filled, with 65 temporary agents appointed as authorised under the Union budget (61 authorised posts in 2020); notes that, in addition, 11 contract agents and six seconded national experts have worked for the Agency in 2021;

    13.

    		 Notes that the Agency was granted additional budget in the MFF 2021-2027 (increase of EUR 12 million in 2022), which includes 16 new establishment plan posts (four already granted under the 2021 budget) and six external staff (two already granted in 2021); takes note that the additional resources will provide the Agency the necessary operational capacity for assisting the Member States and the Commission in the monitoring, control and surveillance of fisheries as required by the CFP, including the measures entailed by the TCA with the United Kingdom;

    14.

    		 Takes note of the Agency’s policy of promoting equal treatment of staff and of its goal of gender equality in terms both of numbers and of grades and responsibility levels; deplores the fact that women account for only 38 % of staff employed at grade AD 8 or higher, while acknowledging that it represents an increase compared to 2020; notes that more must be done in order to attain parity at management level; calls on the Agency to step up its efforts with regard to its gender parity policy with a view to making progress towards parity at management level as well;

    15.

    		 Recalls the importance of developing a long-term HR policy on work-life balance, lifelong guidance and the offer of specific training possibilities for career development, gender balance at all staff levels, teleworking, the right to disconnect, the enhancement of a geographical balance to have an appropriate representation from all Member States, and the recruitment and integration of people with disabilities as well as ensuring that they are treated equally and that their opportunities are widely promoted;

    16.

    		 Welcomes the fact that the Agency has rules on anti-harassment in place, including confidential counsellors, and that dedicated information is available on its intranet; notes, moreover, that the Agency provides compulsory training for staff on anti-harassment and ethics and integrity;

    Procurement

    17.

    		 Notes that the Agency’s main procurement efforts in 2021 were targeted towards the launch of an open procedure in the field of chartering of three offshore patrol vessels (OPVs); notes, moreover, that the Agency signed contracts of procurement under framework contracts on services related to fisheries patrol, workplace improvement, language courses, marine surveying, and participated in inter-institutional framework contracts on outsourced services and Aerial Surveillance, amongst others; notes that in 2021, the Agency joined a total of nine different inter-institutional tenders with the Commission and other agencies;

    18.

    		 Stresses that the fight against IUU fishing requires adequate financial support; welcomes the strengthening of the Agency’s chartered OPV to carry out fisheries controls and inspections in Union and international waters and to support national authorities; notes that the increase in fuel prices affected the Agency’s operational capacity;

    19.

    		 Notes with appreciation that in 2021 the Agency onboarded the Public Procurement Management Tool (PPMT) (with a view to starting to use it in 2022), a component of the e-Procurement platform of the Commission that is integrated with other systems used by the Agency, such as e-Tendering and e-Submission;

    Prevention and management of conflicts of interest, and transparency

    20.

    		 Acknowledges the Agency’s existing measures and ongoing efforts to secure transparency, prevention and management of conflicts of interest, and whistle-blower protection; notes that the Agency publishes on its website the declaration of interests and CVs of its Administrative Board members and of senior management; notes, furthermore, that the Agency updates regularly the table with all the meetings convened between its Executive Director and staff with organisations and self-employed individuals engaged in Union policy-making and policy implementation so as to ensure full transparency and trust in the Agency’s activity and that is available through its website; recalls that the Agency is to regularly update the page so as to ensure full transparency and trust in the Agency’s activities;

    21.

    		 Insists on the need to put in place more systematic rules on transparency, incompatibilities, conflicts of interest, and illegal lobbying; calls on the Agency to strengthen its internal control mechanisms, including the setting up of an internal anti-corruption mechanism; notes, however, that the Agency implemented its anti-fraud strategy, which was based on a risk assessment exercise, taking into account the OLAF guidelines;

    Internal control

    22.

    		 Notes that in 2021 the Commission’s Internal Audit Service (IAS), in line with the Strategic Internal Audit Plan 2021-2023, started the audit on the cooperation between the Agency and DG MARE on activities related to Article 30 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (2) (Compliance with international provisions); calls on the Agency to report to the discharge authority any development in that regard;

    23.

    		 Notes that the Agency performed an assessment of its Internal Control System and concluded that, overall, suitable controls are in place and working as intended, that risks are being appropriately monitored and mitigated, and that no significant control weaknesses were reported in 2021;

    Digitalisation and the green transition

    24.

    		 Notes that the Agency continues to introduce supporting electronic tools in the field of HR, procurement and budget monitoring, such as additional Sysper modules, a new enhanced integral financial system foreseen for 2024/2025, e-Procurement and contract management integrated tools, and the use of the Qualified Electronic Signature (EU Sign), amongst others; notes, moreover that the Agency follows Cloud-first with a secure hybrid multi-cloud as part of its strategy for a digital transformation, while also continuing to improve the digital workplace;

    25.

    		 Encourages the Agency to work in close cooperation with the European Union Agency for Cybersecurity (ENISA) and the Computer Emergency Response Team for the Union Institutions, bodies and agencies (CERT-EU) and to carry out regular risk assessments of its IT infrastructure and to ensure regular audits and tests are carried out on its cyber defences; suggests offering regularly updated cybersecurity-related training programmes to all staff members, including management, within the Agency;

    26.

    		 Welcomes the fact that the Agency is working towards obtaining the Eco-Management and Audit Scheme (EMAS) certification, and that the Agency has taken actions in order to reduce its environmental impact, such as including at least one criterion in procurement procedures focusing on the efficient environmental behaviour of the potential tenderers, reducing electricity consumption through LED lighting, and electronic circulation and digital signature for reducing paper and toner consumption;

    Business continuity during the COVID-19 crisis

    27.

    		 Notes that the Agency’s Business Continuity Management Team concluded that the Agency was well-prepared to continue its operations reliably via teleworking and did not recommend to the Executive Director to activate the Agency’s Business Continuity Plan at any point during 2021; notes that it suggested, however, some adaptations of the units’ individual Recovery Actions Plans and specific arrangements for back-up solutions, which were subsequently implemented; encourages the Agency to put the lessons learned regarding remote and hybrid working methods into practice, in order to better organise meetings and tasks that could be carried out more efficiently remotely than in-person in the future;

    28.

    		 Notes that during 2020 and 2021, and due to the COVID-19 pandemic, the operational planning had to be revised due to the closure of certain ports, and days of stand-by were needed as a preventive measure, as well as extension of the period of stay at sea; notes, moreover, that the OPVs maintained activities during the whole period of the crisis to perform fisheries control and inspection and to support other coast guard functions;

    29.

    		 Underlines that the Agency, in order to mitigate the impact of the COVID-19 pandemic on fisheries control, inspection and Member States enforcement, and as already implemented in 2020, focused more on other available instruments such as data monitoring and analysis, based on the Agency’s methodology for compliance indicators, and used available tools such as additional information from surveillance flights in cooperation with Frontex, deployment of drones within the cooperation with EMSA, and analysis of satellite images from Copernicus;

    Other comments

    30.

    		 Takes note of the Agency’s communication activities in relation to the general public, in cooperation with DG MARE; notes, in particular, the videos on the concept of Joint Deployment Plans and on Remote Electronic Monitoring in EU fisheries control produced in 2021; notes with appreciation, moreover, the Agency’s contribution to building a culture of compliance with the CFP through its communication with non-governmental stakeholders;

    31.

    		 Refers, for other observations of a cross-cutting nature accompanying its decision on discharge, to its resolution of 10 May 2023 (3) on the performance, financial management and control of the agencies.

    (1)   OJ C 141, 29.3.2022, p. 128.

    (2)  Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

    (3)  Texts adopted, P9_TA(2023)0190.

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