Date: 2019-09-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Resolution (EU) 2019/1510 of the European Parliament of 26 March 2019 with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Agency for Safety and Health at Work for the financial year 2017
**Executive Summary:**
This resolution from the European Parliament concerns the discharge in respect of the implementation of the budget of the European Agency for Safety and Health at Work (EU-OSHA) for the financial year 2017. It acknowledges the Court of Auditors' reasonable assurances regarding the reliability of the Agency's accounts and the legality/regularity of underlying transactions. The resolution notes areas of both satisfactory performance and areas needing improvement, calling for specific actions and reporting to the discharge authority.
**Key Points / Main Content:**
* **Budget and Financial Management:**
* The budget implementation rate for 2017 was 96.03%, a slight decrease from 2016.
* The payment appropriations execution rate was 72.23%, a slight increase from the previous year.
* Cancellation of carryovers from 2016 to 2017 amounted to EUR 194,467.98, representing 4.93% of the total amount carried over.
* There were relatively high unplanned carryovers from 2017 to 2018 for title II, amounting to EUR 200,000, mainly related to internal office space reorganisation.
* **Performance:**
* The Agency uses key performance indicators to measure its performance and enhance budget management.
* A revised performance management framework is planned for introduction in 2018 to provide more meaningful performance indicators.
* Web communications and work programme delivery were slightly below targets.
* Three external evaluations concluded in 2017 yielded positive results, and their recommendations have been implemented.
* The Agency proactively shares tasks with other agencies and plans to increase collaboration.
* **Staff Policy:**
* The establishment plan was 97.5% executed, with 39 temporary agents appointed out of 40 authorised.
* 24 contract agents worked for the Agency in 2017.
* One investigation on harassment was initiated in 2016 and concluded in 2017, revealing a breach of Article 12a(3) of the Staff Regulations.
* **Procurement:**
* The Agency was not using the Commission's e-procurement tools by the end of 2017.
* The Agency launched its first etender successfully in November 2018.
* A framework contract for IT consultancy services, with prices contingent on time spent rather than delivery, raised monitoring concerns.
* **Prevention and Management of Conflicts of Interests and Transparency:**
* The Agency has existing measures and ongoing efforts to secure transparency and prevent/manage conflicts of interest.
* The Agency plans to adopt the model decision on whistleblowing.
* There is a need to strengthen the accounting officer's independence.
* **Other Comments:**
* The Agency carried out an analysis of the likely impact of the United Kingdom's withdrawal from the Union.
**Impact Analysis:**
**European Agency for Safety and Health at Work (EU-OSHA):**
* *Impact:* Subject to scrutiny regarding budget implementation, performance, staff policy, procurement practices, and transparency. Required to address identified shortcomings and implement recommended improvements.
* *Action Required:* Report to the discharge authority on the implementation of the revised performance management framework, disciplinary measures taken regarding the harassment case, progress in implementing e-procurement tools, measures taken regarding the IT consultancy services contract, steps taken to strengthen the accounting officer's independence, and the outcome of the analysis of the impact of the United Kingdom's withdrawal from the Union.
**Discharge Authority (European Parliament):**
* *Impact:* Responsible for assessing the Agency's performance and ensuring accountability in budget implementation and management.
* *Action Required:* Review reports from the Agency on various issues, including the implementation of the revised performance management framework, disciplinary measures, e-procurement tools, IT consultancy services contract, accounting officer independence, and the impact of the United Kingdom's withdrawal.
**Accounting Officer:**
* *Impact:* Current structure impacts independence.
* *Action Required:* Agency to take steps to enhance independence, potentially through outsourcing the position to DG BUDG.
Key Entities Referenced
Union budget: The budget of the European Union.
European Agency for Safety and Health at Work: An agency of the European Union focused on occupational safety and health.
European Parliament: The parliamentary body of the European Union.
Court of Auditors: The European Court of Auditors, responsible for auditing the finances of the European Union.
Multiannual Strategic Programme 2014 to 2020: A strategic program with a midterm evaluation in 2017
European Union Intellectual Property Office (EUIPO): An agency of the European Union responsible for the registration of trademarks and designs.
Eurofound: The European Foundation for the Improvement of Living and Working Conditions.
United Kingdom: Country that withdrew from the European Union
27.9.2019 EN Official Journal of the European Union L 249/277
RESOLUTION (EU) 2019/1510 OF THE EUROPEAN PARLIAMENT
of 26 March 2019
with observations forming an integral part of the decision on discharge in respect of the
implementation of the budget of the European Agency for Safety and Health at Work 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 Agency
for Safety and Health at Work for the financial year 2017,
— 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 and the opinion of the Committee on
Employment and Social Affairs (A8-0138/2019),
A. whereas, according to its statement of revenue and expenditure (1), the final budget of the European Agency for
Safety and Health at Work (the ‘Agency’) for the financial year 2017 was EUR 15 656 308, representing a decrease
of 6,10 % compared to 2016; whereas the budget of the Agency derives mainly from the Union budget;
B. whereas the Court of Auditors (the ‘Court’) in its report on the Agency's annual accounts for financial year 2017
(the ‘Court's report’), has stated that it obtained reasonable assurances that the Agency's annual accounts are reliable
and that the underlying transactions are legal and regular;
Budget and financial management
1. Notes that the budget monitoring efforts during the financial year 2017 resulted in a budget implementation rate of
96,03 %, representing a slight decrease of 0,28 % compared to 2016; notes with concern that the payment
appropriations execution rate was at 72,23 %, representing only a slight increase of 1,88 % compared to the
previous year;
Cancellation of carry-overs
2. Notes that the cancellations of carry-overs from 2016 to 2017 amounted to EUR 194 467,98 representing 4,93 %
of the total amount carried over, showing an increase of 1,17 % in comparison to 2016; notes, furthermore, the
relatively high level of unplanned carry-overs from 2017 to 2018 for title II, amounting to EUR 200 000, relating
mainly to internal office space re-organisation;
Performance
3. Notes that the Agency uses certain key performance indicators to measure its performance and to enhance its
budget management; notes furthermore with satisfaction that the Agency plans to introduce a revised performance
management framework in 2018, which aims to provide more meaningful performance indicators to better assess
the added value provided by the Agency's activities; calls on the Agency to report to the discharge authority on the
implementation of this framework;
4. Notes that, although the Agency performed well in making use of the available resources, the items related to web
communications and work programme delivery were slightly below the targets set;
5. Supports the Agency's activities and analysis on occupational safety and health which contribute to the Union
policy aiming to promote healthy and safe workplaces across the Union and stresses to this end the importance of
ensuring adequate staff and financial resources allowing the Agency to implement its tasks;
6. Welcomes the Agency's strong commitment to ensure that all workers enjoy the same occupational health and
safety rights regardless of the size of the company, the type of contract or the employment relationship;
7. Appreciates the Agency's sustained support to medium, small and micro enterprises, in the form of practical tools
and guidelines to enable them to comply with Occupational Safety and Health (OSH) legislation; welcomes the
finalisation of the project ‘Healthy Workplaces for All Ages’ that promotes safe and healthy conditions throughout
working life;
(1) OJ C 248, 29.7.2017, p. 3L 249/278 EN Official Journal of the European Union 27.9.2019
8. Notes that three external evaluations ended in 2017: a mid-term evaluation of the Multi-annual Strategic
Programme 2014 to 2020, an ex-post evaluation of the safer and healthier work at any age, and an ex-post
evaluation of the European Survey of Enterprises on New and Emerging Risks II; acknowledges that all of them
obtained a positive result and the recommendations made have already been implemented;
9. Welcomes the Agency's efforts to streamline multilingualism into its products acknowledged by the European
Ombudsman in 2017 by awarding the Agency together with the European Union Intellectual Property Office
(EUIPO) and the Translation Centre for the Bodies of the European Union (CdT) with the Ombudsman's Award for
Good Administration in the category ‘Excellence in citizen/customer focused services delivery’ for their jointly
developed innovative project that facilitates the translation management of multilingual websites;
10. Notes with satisfaction that the Agency proactively shares tasks with other agencies in subjects such as security,
facilities management or banking services, and is planning to further increase collaboration in the future; highlights
the importance of good cooperation between Agencies working in the field of employment, social affairs and
inclusion and particularly the cooperation between the Agency, Eurofound, Cedefop and European Institute for
Gender Equality (EIGE);
Staff policy
11. Notes that, on 31 December 2017, the establishment plan was 97,5 % executed, with 39 temporary agents
appointed out of 40 temporary agents authorised under the Union budget (compared with 41 authorised posts in
2016); notes that, in addition, 24 contract agents worked for the Agency in 2017;
12. Notes that the Agency has a policy on protecting the dignity of the person and preventing harassment in place;
notes with concern that one investigation on harassment was initiated in 2016 and concluded in 2017; regrets that
the result showed a breach of Article 12a (3) of the Staff Regulations; calls on the Agency to report to the discharge
authority on the disciplinary measures taken and on the measures foreseen in order to mitigate such risks in the
future;
Procurement
13. Notes from the Court's report that by the end of 2017 the Agency was not yet using any of the tools launched by
the Commission aimed to introduce a single solution for the electronic exchange of information with third parties
participating in public procurement procedures (e-procurement); calls on the Agency to implement all the necessary
tools and report to the discharge authority on the progress made in that regard;
14. Welcomes the fact that the Agency launched its first e-tender successfully in November 2018;
15. Notes with concern from the Court's report that the Agency signed a framework contract for the provision of IT
consultancy services from 2014 to 2017, for which prices were set contingent to the time spent on the projects
and not linked to the delivery, and over which the Agency has limited monitoring possibilities, since for example in
2016 half of the services were carried out offsite its premises; calls on the Agency to report to the discharge
authority on the measures taken in this regard;
Prevention and management of conflicts of interests and transparency
16. Acknowledges the Agency's existing measures and ongoing efforts to secure transparency and the prevention and
management of conflict of interest; notes furthermore from the Agency that it plans to adopt the model decision
on whistle-blowing for which the Commission has given an ex ante agreement (2);
17. Notes from the Court's report that there is a need to strengthen the accounting officer's independence by making
him directly responsible to the Agency's Executive Director and management board; calls on the Agency to report
to the discharge authority on the steps taken in this direction; recognises that in response to this recommendation
by the Court, the Agency is currently preparing a decision for the Governing Board to outsource the position of
Accounting Officer to DG BUDG
18. Calls on the Agency to use the new Founding Regulation as an opportunity to further enhance the independence of
the Accounting Officer;
(2) Commission Decision C(2018) 1362 of 27 February 2018.27.9.2019 EN Official Journal of the European Union L 249/279
Other comments
19. Notes that the Agency carried out an analysis of the likely impact of the United Kingdom's decision to withdraw
from the Union on its organisation, operations and accounts; calls on the Agency to report to the discharge
authority on the outcome of that analysis;
20. Refers, for other observations of a cross-cutting nature accompanying its decision on discharge, to its resolution of
26 March 2019 (3) on the performance, financial management and control of the agencies.
(3) Texts adopted, P8_TA(2019)0254. See page 361 of this Official Journal.