What changed between the draft committee report and the plenary report

Changed:2. Notes with concern that the Agency’sAuthority’s budget for 2022 was adopted by its management board on 17 December 2021, but it was not published in the Official Journal of the European Union (OJEU) until 31 May 2023; recalls that this contravenes Article 31 of the Agency’sAuthority’s financial rules and the principle of transparency it establishes;

Removed:3. Observes that the Court reports that the Agency had carried over EUR 21,8 million (65 %) of available 2022 commitment appropriations to 2023 including EUR 3,4 million (or 79,6 %) of appropriations under Title II, related to administrative expenditure (63,2 % in 2021) and 16,4 million (or 90,6 %) of appropriations under Title III operational expenditure (37,7 % in 2021); recalls that recurrent high rates of carry-overs contradict the budgetary principle of annuality and are indicative of structural issues in the budget process and implementation cycle; takes note of the Agency reply on this matter highlighting that under Title III a significant part of the carry overs come from the high uncertainty related to the EURES portal and budget planning should be more effective following the adoption of the EURES portal strategy 2023-2030 and that at the end of June 2023 more that 80 % of carry overs from Titles I and II were already contracted;

Added:3. Highlights the fact that this is the Authority's second discharge report; underlines that the Authority is still in its early stages, undergoing its formative phase; recalls that the Authority started its operations in 2019 and achieved financial autonomy in 2021; highlights that further development and integration of internal processes are essential in the upcoming period until the Authority achieves full operational status in 2024;

Added:4. Observes that the Court reports that the Authority had carried over EUR 21,8 million (65 %) of available 2022 commitment appropriations to 2023 including EUR 3,4 million (or 79,6 %) of appropriations under Title II, related to administrative expenditure (compared to 63,2 % in 2021) and 16,4 million (or 90,6 %) of appropriations under Title III operational expenditure (compared to 37,7 % in 2021); recalls that recurrent high rates of carry-overs contradict the budgetary principle of annuality and are indicative of structural issues in the budget process and implementation cycle; takes note of the Authority’s reply on this matter highlighting that under Title III a significant part of the carry overs come from the high uncertainty related to the EURES portal and budget planning should be more effective following the adoption of the EURES portal strategy 2023-2030 and that at the end of June 2023 more that 80 % of carry overs from Titles I and II were already contracted;

Added:5. Emphasises that after gaining financial autonomy in May 2021, the Authority has accumulated substantial amounts of carry-over; underscores that the Authority, as an Authority engaged in operational activities, relies heavily on the involvement of Member States, and the extent of their participation significantly influences the execution and scope of these activities; underlines that due to the voluntary nature of most activities, not all Member States partake in every activity, and some participate only to a limited extent; calls on the Member States to acknowledge the enhanced benefits provided by the Authority and to enhance collaboration between their competent authorities and the Authority;

Changed:4.6. Notes that in 2022,the Agency,Authority, for the first time, presented a work programme within a multiannual framework (the single programming document for 2022–2024 and continued to improve its programming documents; notes further morefurthermore that the AgencytheAuthority identified the main strategic areas of work and its objectives and developed a new set of KPIs linked with the strategic areas; observes that thesethose indicators, included in its single programming document for 2023–2025, will be used as of 2023;

Changed:5.7. Welcomes the Authority’s achievements in fulfilling its mandate and meeting the objectives of the 2022-2024 Singlesingle Programmingprogramming Document,document, especially the work for 2022, despite the challenges arising from the continued growth and development of the organisation;

Changed:6.8. Notes that the Authority has successfully implemented the Roadroad Transporttransport Actionaction Frameworkframework and the related #Road2FairTransport campaign, in cooperation with other Member State authorities, social partners and stakeholders, among others; further notes that the Authority executed 33 concerted and joint inspections with the participation of 25 Member States and assisted a roadside demonstration inspection;

Changed:7.9. Commends the Authority’s commitment in expanding its capacity-building activities, with the launch of IMI-PROVE programme and in facilitating digital technologies and innovation, with the organisation of ELAthe Authority’s TECH conference 2022; notes furthermore the Authority’s launch of its mediation service, having dealt with its first cases;

Added:12. Appreciates the fact that the Authority’s work to assist Member States and the Commission in ensuring a fair and effective enforcement of Union rules on labour mobility and coordination of social security systems, in facilitating effective labour mobility in Europe through EURES activities, and, effectively, making it easier for citizens and businesses to reap the benefits of the internal market; in this regard, welcomes the work of the Authority’s four working groups on information, inspections, mediation and European platform tackling undeclared work;

Added:13. Notes that one of the Authority’s objectives is to facilitate and enhance cooperation between Member States in the enforcement of relevant Union law across the Union, including facilitating concerted and joint inspections; looks forward to the forthcoming Commission evaluation in 2024 of the Authority’s performance in relation to its objectives, mandate and tasks; notes that the Commission on the basis of that evaluation may, as appropriate, submit a legislative proposals to review the scope of the Authority;

Changed:10.14. Observes that in 2022 the Authority has developed its cooperation with other Union bodies and organisations to avoid overlap and promote synergies; further notes that the Authority has signed a Memorandummemorandum of Understandingunderstanding with the European Commission, the European Foundation for the Improvement of Living and Working Conditions and the European Centre for the Development of Vocational Training; observes that the Authority has also signed a framework for cooperation with the European Agency for Safety and Health at Work and has started talks with the European Union Agency for Law Enforcement Cooperation;

Added:17. Notes that the Authority is among the Union agencies which yet has to established a corporate plan to improve the energy efficiency and climate neutrality of its operations;

Added:18. Encourages the Authority to develop an active cooperation with other agencies and to report regularly to Parliament on its progress made;

Changed:13.19. Notes that, on 31 December 2022, the establishment plan was 86 % implemented, with 49 temporary agents appointed out of 57 temporary agents authorised under the Union budget; notes that, in addition, 13 contract agents and 55 seconded national experts (including(SNEs), including 27 Nationalnational Liaisonliaison Officers)officers (NLOs) worked for the Authority in 2022; notes that the Authority achieved an important growth of its workforce after intensive recruitment efforts in 2022;

Changed:14.20. Notes the gender distribution within the Authority’s senior and middle management, with 4 out of 6 (67 %) being men; notes the gender balance within the Authority’s management board, with 20 out of 34 (59 %) being men; further notes the gender balance within the Authority’s overall staff, with 41 out of 65 (63 %) being womenwomen; ;recalls the importance to ensure gender balance and calls on the Authority to persist in taking this aspect into consideration with regard to future recruitments of staff and appointments especially within its senior and middle management; asks the Commission and the Member States to take into account the importance of ensuring gender balance when nominating their members to the Authority’s management board; observes with satisfaction that the Authority had 27 nationalities based on its establishment plan posts (statutory staff) at the end of 2022;

Changed:16.22. Observes that the end of 2022, the proportion of temporary workers (SNEs and interims) at the Authority was 58 %; draws attention to high reliance on temporary workers leads to a regular high staff turnover, entailing the risk of losing expertise (specialised knowledge, contact networks built with stakeholders), which could negatively affect its operational capabilities; takes note onappreciates the AgencyAuthority's call for the conversion of 15 SNEs posts into temporary agents posts (TAs), without the need to increase the budget envisaged in the multiannual financial statement, in order to assure the AgencyAuthority operational stability, knowledge retention and the effective implementation its objectives;

Changed:17.23. Takes note that the Authority hired an interim agent and a trainee for five months (November 2022 to March 2023) and granted them ABAC access rights allowing them to enter data and initiate operations to support the annual budget closure procedure; recalls that the use of interim workers to perform the Agency’sAuthority’s core financial activities associated with budget implementation contravenes Article 41(1) of its financial rules, which states that only staff members can be delegated the power of budget implementation; observes that according to the Authority and to ensure business continuity in case of lack of statutory staff and of abnormal workload exceptionally granted data entry agent and financial initiating agent roles to interim agent/trainee for a limited period, after receiving necessary training and having a supervising verifying agent for all financial transactions;

Changed:18.24. Welcomes the fact that the Authority continued in the adoption and implementation of human resources rules and regulations such as the policy on protecting the dignity of the person and preventing psychological harassment and sexual harassment, new human resources rules on work time and hybrid working and the learning development framework implementing the provisions on the conduct of administrative enquiries and disciplinary provisions;

Changed:19.25. Notes that the Authority offered measures in support of integration, including team-building and social events and activities, information packages, various training sessions and support with the registration of staff and family members with the national authorities ; further notes that the Authority runs an annual wellbeingwell-being pulse survey to measure wellbeing, staff satisfaction and collect staff views; welcomes that the Authority carried out first elections for the staff committee and established it successfully in 2022;

Changed:23.29. Recalls that the objective of public procurement rules is to enable procuring entities to obtain the goods and services they need at best price, while ensuring fair competition between tenderers and compliance with the principles of transparency, proportionality, equal treatment and non-discrimination; calls on the AgencyAuthority to further improve its public procurement procedures, ensuring full compliance with the applicable rules, so that they achieve the best possible value for public resources;

Changed:25.31. Notes that the Authority publishes the CV of its Executiveexecutive Directordirector and is working on the publication of their members of the management board and middle management CVs in 2023; calls on the Authority to report to the discharge authority any development in that regard;

Changed:26.32. Is aware that in 2023 the Authority adopted a Decisiondecision of the Executiveexecutive Directordirector on the publication of information on meetings with interest representatives and other externals; notes that with this decision the Authority shall make public information on all meetings held by the Executiveexecutive Director,director, the Managementmanagement Boardboard Chairchair and Deputydeputy Chairchair when acting in this capacity and of Headsheads of Unitsunits with interest representatives and other externals;

Changed:27.33. Observes that the Authority has adopted in November 2022 a Conflictconflicts of Interestinterest Policy,policy, which covers members and observers of the Managementmanagement Board,board, the Stakeholderstakeholder Group,group, the Authority’s Workingworking Groupsgroups and Panels,panels, including the Platformplatform to enhance cooperation in tackling undeclared work, external experts and Seconded National Experts,SNEs, including National Liaison Officers;NLOs; further notes that no cases of conflictconflicts of interestsinterest or whistleblowing were reported in 2022;

Changed:28.34. Notes that the Authority has in place an ‘end of service checklist and confidentiality form for all its staff’ including references to Staffstaff Regulationsregulations obligations on end of service;

Changed:29.35. Notes with concern from the Court’s report that the Agency’sAuthority’s internal rules require seconded national experts (SNEs)SNEs and national liaison officers (NLOs)NLOs to reside in Bratislava; is aware that SNEs and NLOs receive daily and monthly allowances to cover living expenses in Bratislava and that in order to receive them, they must make a formal declaration that they actually live there, and commit to providing proof of residence on request; observes that the AgencyAuthority was unable to provide proof that a particular NLO lived in Bratislava in response to request by the Court, leading to the conclusion that the allowances received by this NLO, totalling EUR 83 734 – of which EUR 50 700 was paid in 2022 –.–, were irregular; considers that the Authority’s ex-ante checks on these declarations are weak as they are based solely on the declarations of the SNEs and NLOs, and not on documentary evidence; regrets the lack of ex-postex post checks and that this creates the risk that the amounts the Authority pays for these allowances may not be correct; takes note that as from 2023, the Authority has strengthened the management and control of the SNE file, especially for ex-anteex ante checks, where all SNEs are asked for proof of residence;

Added:38. Underlines the fact that from 2023 onwards, initiatives to enhance the Authority's ex ante controls have been implemented, including specialised training for staff on financial procedures and ex ante controls;

Changed:34.41. Recalls that the Authority has not adopted yet its business continuity plan which is under development,development and which will be finalised during 2023;

Changed:37.44. Notes that the Authority has implemented important measures to increase its cybersecurity such as CERT EU covering log, Doubledouble Keykey Encryptionencryption and connectivity to EC systems among others and to digitalised its procurement processes;

Changed:39.46. Notes that the Authority has adopted in early 2023 its new Communicationcommunication Strategystrategy 2023-2026 aiming to increase its visibility, reputation and awareness about its work; further notes that the Authority organised, jointly with other Agencies, and in cooperation with the European Parliament an event to explore the challenges and opportunities for young people;