RESOLUTION (EU) 2019/2227 OF THE EUROPEAN PARLIAMENT

of 23 October 2019

with observations forming an integral part of the decision on discharge in respect of the implementation of the budget for the European Asylum Support Office for the financial year 2017

THE EUROPEAN PARLIAMENT,

— having regard to its decision on discharge in respect of the implementation of the budget of the European Asylum Support Office for the financial year 2017,

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

— having regard to the second report of the Committee on Budgetary Control (A9-0011/2019).

A. whereas all Union decentralised agencies ought to be transparent and fully accountable to the citizens of the Union for the funds entrusted to them as Union bodies;

B. whereas Parliament’s role in respect of the budget discharge is specified in the Treaty on the Functioning of the European Union (TFEU), in the Financial Regulation and in the Framework Financial Regulation;

1. Underlines the importance of acting responsibly and transparently in the implementation of the Union budget;

2. Recalls the role of Parliament within the discharge procedure, as governed by the TFEU, the Financial Regulation and its rules of procedure;

Basis for an adverse opinion on the legality and regularity of the payments underlying the accounts for the financial year 2017

3. Recalls that, according to the report of the Court of Auditors (the ‘Court’), the material and systematic instances of non-compliance of payments with the EASO Financial Regulation and other applicable rules and provisions mainly relate to public procurement and recruitment procedures underlying payments; regrets, furthermore, that the systematic nature of non-compliances demonstrates an inadequate internal control system; deeply regrets that the combined error from non-compliant payments amounts to at least EUR 7,7 million or 10,3 % of the total payments made by the European Asylum Support Office (the ‘Office’) in 2017;

The outcome of the investigation of the European Anti-Fraud Office (OLAF)

4. Deplores the findings of OLAF as regards irregularities surrounding the breach of procurement procedures, misappropriation of Union funds, mismanagement, abuse of position in human resources issues, breaches of data protection rules, harassment and inappropriate behaviour towards staff in 2017; reiterates its call on the Office to report to the discharge authority on the follow-up of the measures proposed by OLAF; understands the Office’s request to report in more detail in the appropriate setting due to confidentiality and data protection issues;

5. Welcomes the decision of the Office’s Management Board of 6 June 2018 to release the Executive Director from his duties with immediate effect; emphasises, however, that the budget for the 2017 financial year was implemented under the supervision of the Office’s previous management; highlights that this report concerns the discharge procedure for the 2017 financial year; welcomes the designation of an ad interim Executive Director on 6 June 2018 and the appointment of a new Executive Director on 16 June 2019; recognises the commitment of the new Executive Director to deliver significant reforms ensuring solid governance; appreciates the positive message and intention for future close cooperation expressed by the new Executive Director in the public hearing of 4 September 2019 ;

Follow-up to the 2016 discharge and to the 2017 first discharge report

6. Recalls European Parliament reasoned decision of 24 October 2018 ( 1 ) , refusing to grant the Office’s Executive Director discharge for the 2016 financial year; recalls that on 26 March 2019 Parliament decided to postpone the decision on the 2017 discharge of the Office;

7. Welcomes the follow-up report by the Office on the observations of Parliament for the 2017 financial year, in particular corrective measures taken by the Office’s Management Board, the ad interim Executive Director and the new Executive Director in order to improve the governance structure and efficiency of the Office, restore transparency and build trust; supports and appreciates the measures outlined by the 2019 EASO Governance Action Plan; urges the Office to regularly and publicly report to the discharge authority on the implementation of that Action Plan;

8. Acknowledges the efforts and appreciates the progress made on the implementation of internal control systems, including controls on procurement and expenditure operations; supports the decision to reduce and rapidly end outsourcing legal counselling by the establishment of an internal legal service; supports the Court’s observations on the need for further corrective actions;

9. Notes with satisfaction the implementation of two thirds of the corrective actions by the Office regarding procurement procedures, in particular regarding the payments under irregular procurement processes, and the completion of new open procedures, which were audited by the Court without raising any comments;

10. Welcomes the ambitious recruitment plan put in place and its positive impact on the filling of vacant managerial and other positions; notes with satisfaction the implementation of new measures aimed at preventing harassment, increasing staff well-being and reducing turnover; urges the Office to quickly finalise the recruitments in full compliance with the relevant legal procedures and to provide a regular follow up on the results achieved;

11. Notes with satisfaction that most members of the Management Board have published their declarations of interest and CVs on the Office’s website; calls on those outstanding members to publish their CVs as quickly as possible; welcomes the commitment of the new leadership to raise awareness, prevent, identify and address any potential situations of conflict of interest; calls on the office to develop and implement in this sense a comprehensive strategy outlining it in their next Governance Action Plan and to report to the discharge authority on the results achieved;

12. Notes with satisfaction the measures intended by the new Office leadership to encourage and protect whistleblowers; recalls that a safe environment for whistleblowers is a key element for preventing, exposing and addressing irregular and unlawful practices; expects a rapid adoption of internal rules and guidelines concerning whistleblowing and revolving doors and calls on the Office to further report on the results achieved;

13. Refers, for other observations of a cross-cutting nature accompanying its decision on discharge, to its resolution of 26 March 2019 ( 2 ) on the performance, financial management and control of the agencies.

(1) OJ L 331, 28.12.2018, p. 213.

(2) OJ L 249, 27.9.2019, p. 361.