title: 2011/530/EU: Council Decision of 31 March 2011 on the signing, on behalf of the Union, and provisional application of a Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation#Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation

text:
               9.9.2011

               EN

               Official Journal of the European Union

               L 232/1

         COUNCIL DECISION
   of 31 March 2011
   on the signing, on behalf of the Union, and provisional application of a Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation
   (2011/530/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) and Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Commission has negotiated a Memorandum of Cooperation with the International Civil Aviation Organization providing a framework for enhanced cooperation (Memorandum of Cooperation) in accordance with the mandate adopted by the Council on 17 December 2009 authorising the Commission to open negotiations.

               (2)

               The Memorandum of Cooperation was initialled by both parties on 27 September 2010 during the course of the 37th Assembly of the International Civil Aviation Organization in Montréal.

               (3)

               The Memorandum of Cooperation should be signed and applied on a provisional basis, pending the completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation (Memorandum of Cooperation) is hereby approved on behalf of the Union, subject to the conclusion of the said Memorandum of Cooperation.
   The text of the Memorandum of Cooperation is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Memorandum of Cooperation on behalf of the Union.
   Article 3
   The Memorandum of Cooperation shall be applied on a provisional basis as from the date of signature thereof pending the completion of the procedures for its conclusion (1).
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 31 March 2011.

            For the Council

            The President

         VÖLNER P.

      (1)  The date of signature of the Memorandum of Cooperation will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      MEMORANDUM OF COOPERATION
      between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation
      THE EUROPEAN UNION (EU),
      and
      THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO),
      hereafter referred to as ‘the Parties’,
      RECALLING the Convention on International Civil Aviation signed at Chicago on 7 December 1944 (hereinafter referred to as the ‘Chicago Convention’) and in particular Articles 55(a) and 65 thereof,
      RECALLING the Treaty on the Functioning of the European Union and in particular Articles 218 and 220 thereof,
      BEARING IN MIND ICAO Assembly Resolution A1-10, which authorised the ICAO Council to make appropriate arrangements with public international organisations whose activities affect international civil aviation, particularly with regard to technical collaboration, exchange of information and documents, attendance at meetings, and such other matters as may promote effective cooperation,
      RECALLING the ICAO Policy and Framework for Cooperation with respect to Regional Civil Aviation Bodies and Regional Organizations aimed at, inter alia, concluding cooperation agreements with such bodies and organisations, as recommended by an EC/ICAO Symposium on regional organisations, which took place on 10-11 April 2008 in Montréal,
      TAKING INTO ACCOUNT that most ICAO Standards in the fields of aviation safety, aviation security, air traffic management and environmental protection are addressed in relevant EU law,
      TAKING INTO ACCOUNT the Memorandum of Cooperation (MOC) between the European Aviation Safety Agency (EASA) and the International Civil Aviation Organization (ICAO) Regarding Safety Oversight Audit and Related Matters, signed in Montréal on 21 March 2006,
      TAKING INTO ACCOUNT the Memorandum of Cooperation between the European Community and the International Civil Aviation Organization Regarding Security Audits/Inspections and Related Matters, signed in Montréal on 17 September 2008,
      WHEREAS the European Community and the United Nations signed on 29 April 2003 a new Financial and Administrative Framework Agreement (FAFA) to which ICAO adhered through an Agreement with the European Community signed on 7 December 2004,
      WHEREAS this Memorandum of Cooperation does not supersede or prejudge existing forms of cooperation between the Parties as long as they remain in force,
      HAVING REGARD to ICAO Assembly Resolution A36-2 which, inter alia, recognises that the establishment of regional and sub-regional safety oversight systems, including regional safety oversight organisations, has great potential to assist States in complying with their obligations under the Chicago Convention through economies of scale and harmonisation on a larger scale, and which also requests the Secretary General to continue to foster coordination and cooperation between ICAO Universal Safety Oversight Audit Programmes (USOAP) and audit programmes of other organizations related to aviation safety, and furthermore directs the Council to promote the concept of regional and sub-regional safety oversight systems, including regional safety oversight organisations,
      WHEREAS the Parties share the vision of achieving the highest degree of uniformity of European operational regulations, requirements and procedures with a view to achieving compliance with ICAO standards contained in the Annexes to the Chicago Convention for the sake of aviation safety, aviation security, air traffic management and environmental protection,
      WHEREAS each Party plays an important role in achieving this goal,
      WHEREAS the Parties wish to engage and communicate with each other on regional cooperation,
      WHEREAS the EU has adopted common rules in the fields of aviation safety and aviation security and the European Aviation Safety Agency (EASA) and the European Commission conduct inspections in Member States of the EU to monitor the application of those rules,
      CONSIDERING that in the EU, the European Commission has enforcement powers to ensure the implementation of EU legislation in the fields of aviation safety, aviation security, air traffic management and environmental protection,
      CONSIDERING that the primary objectives of the ICAO audit programmes and the EU’s inspection programmes are to enhance aviation safety and security by evaluating the implementation of respective standards, identifying deficiencies, if any, and ensuring the rectification of deficiencies in the EU, where necessary,
      WHEREAS the EU has established an office in Montréal with a view to facilitating the strengthening of relations and cooperation between the EU and ICAO and enabling increased participation and contributions by the EU in ICAO’s activities at ICAO Headquarters,
      CONSIDERING that, without prejudice to the rights or obligations of EU Member States under the Chicago Convention or to the relationship between EU Member States and ICAO resulting from their membership of ICAO, it is desirable to establish mutual cooperation between the EU and ICAO in the areas of aviation safety, aviation security, air traffic management and environmental protection in a manner ensuring greater harmonisation of standards and closer coordination of respective activities and with a view to achieving better use of limited resources and avoiding duplication of efforts while preserving the integrity of both Parties,
      WHEREAS the Parties recognise the necessity to protect, to the extent required under their respective rules, classified information received from the other Party,
      HAVE AGREED AS FOLLOWS:
      1.   General provisions
      The Parties agree to strengthen their relationship and establish closer cooperation in the fields of aviation safety, aviation security, air traffic management and environmental protection and facilitate, in accordance with established rules of procedure, their participation in activities and attendance at meetings as observer through the signing of this Memorandum of Cooperation (MOC) for the benefit of international civil aviation.
      This MOC is without prejudice to the rights or obligations of EU Member States under the Chicago Convention or to the relationship between ICAO and the EU Member States resulting from Member States’ membership of ICAO.
      This MOC shall not cover or extend to any ICAO or EU decision-making, including on standardisation or rule-making matters, but shall establish regulatory cooperation in the preparation stages of such activities.
      The Office of the European Union in Montréal, which represents the EU at ICAO’s Headquarters, shall facilitate EU-ICAO relations and serve as the main EU contact point for ICAO in all matters relating to the implementation of this MOC.
      2.   Objectives

                  2.1.

                  This MOC shall:

                              (a)

                              establish a framework for enhanced relations between the Parties;

                              (b)

                              strengthen cooperation between the Parties;

                              (c)

                              identify areas of mutual cooperation between the Parties; and

                              (d)

                              establish the terms, conditions and mechanisms for implementing cooperation between the Parties.

            3.   Scope

                  3.1.

                  This MOC shall establish cooperation between the Parties in the following areas:

                              (a)

                              aviation safety;

                              (b)

                              aviation security;

                              (c)

                              air traffic management; and

                              (d)

                              environmental protection.

                  3.2.

                  Each of the areas referred to in paragraph 3.1 of this Article shall be the subject of separate Annexes to the MOC.

                  3.3.

                  The Parties may establish working arrangements specifying the mutually agreed mechanisms and procedures necessary to effectively implement cooperation activities established in the Annexes to this MOC.

                  3.4.

                  The Annexes adopted pursuant to this MOC shall form an integral part of this MOC.

            4.   Forms of cooperation

                  4.1.

                  The Parties shall:

                              (a)

                              establish mechanisms for consultation, coordination and cooperation and exchange of information;

                              (b)

                              facilitate the harmonisation of performance requirements and interoperability of new technologies and systems;

                              (c)

                              coordinate respective audit and inspection programmes and results and technical assistance activities with a view to making better use of limited resources and avoiding duplication of efforts;

                              (d)

                              exchange information on compliance with ICAO Standards;

                              (e)

                              establish arrangements for the EU to offer expertise and resources to ICAO, including in the form of secondments under the exclusive authority of the Secretary General, technical assistance and specialised training, where practicable;

                              (f)

                              allow participation by one Party in the activities of the other Party relating to audit and inspection programmes and training programmes, as appropriate, while EU observers may participate in ICAO audit missions of EU States only with the consent of the latter, EU experts participating in ICAO audits under secondment as ICAO auditors shall keep any information related to the audit mission as strictly confidential in accordance with applicable ICAO rules; and

                              (g)

                              without prejudice to non-disclosure obligations of either party and subject to the application of respective confidentiality rules as laid down in Article 6, share electronic information, data and official publications and provide mutual access to databases and strengthen links between them in order to complement each other’s existing databases.

            5.   Cooperation activities

                  5.1.

                  The Parties agree, as specified in the Annexes to this MOC, to jointly execute the following cooperation activities. The Parties shall:

                              5.1.1.

                              Establish mechanisms for consultation, cooperation and information sharing, including the following:

                                          (a)

                                          establish and implement joint mechanisms for regular dialogue, consultation and information sharing;

                                          (b)

                                          ensure that each Party is kept informed, in a timely manner, about decisions, activities, initiatives, meetings and events of relevance to this MOC in the areas of aviation safety, aviation security, air traffic management and environmental protection, and receives relevant documentation. Where appropriate, briefings may be conducted;

                                          (c)

                                          provide access free of charge to all official documents and publications;

                                          (d)

                                          make databases and information on websites available to the other Party; and

                                          (e)

                                          ensure that the EU receives and has electronic access to all ICAO State letters whose subject matter is relevant to the scope of this MOC and its Annexes.

                              5.1.2.

                              Establish cooperative frameworks to better coordinate audit and inspection programmes with a view to making better use of limited resources and avoiding duplication of efforts.

                              5.1.3.

                              Establish joint mechanisms for close coordination of programme planning and technical assistance.

                              5.1.4.

                              Cooperate in promoting global interoperability of new technologies and systems and establish joint mechanisms to strengthen cooperation with regard to the use of new technologies.

                              5.1.5.

                              Ensure timely mutual consultation with a view to achieving improved coordination and coherence between regulations, policies, approaches and ICAO Standards and Recommended Practices (SARPs).

                              5.1.6.

                              Establish working arrangements to facilitate the exchange of expertise and resources as follows:

                                          (a)

                                          ICAO shall provide the EU with expertise and advice on best practices to implement SARPs;

                                          (b)

                                          the EU shall provide expertise to ICAO, including in the form of secondments to the ICAO Secretariat;

                                          (c)

                                          the EU shall endeavour to provide ICAO with a financial contribution to cover costs incurred pursuant to the implementation of this MOC, including administrative costs, supply of documentation and publications and related services, use of room facilities at ICAO Headquarters and information technology costs;

                                          (d)

                                          the EU shall endeavour to provide ICAO with financial contributions for supporting ICAO technical cooperation programmes and for other ICAO activities to be agreed within the Joint Committee, consistent with the Financial and Administrative Framework Agreement (FAFA); and

                                          (e)

                                          any new framework and terms and conditions for secondments and financial contributions to ICAO in the framework of this MOC shall be established in working arrangements for that purpose agreed in the Joint Committee. These working arrangements shall include the possibility for the EU to request ICAO for financial information in the framework of those contributions.

                              5.1.7.

                              Inform each other about any relevant training programmes and facilitate participation by the other Party, as appropriate.

                              5.1.8.

                              Organise relevant events jointly and coordinate events, where appropriate.

            6.   Confidentiality

                  6.1.

                  Each Party shall take all reasonable precautions necessary to protect information received under this MOC and its Annexes from unauthorised disclosure. A Party may, upon providing information to the other Party, designate the portions of the information that it considers to be exempt from disclosure.

                  6.2.

                  The Parties agree to safeguard, to the extent required under their respective rules, regulations and legislation, the protection of classified information received from the other Party in application of this MOC and its Annexes.

                  6.3.

                  In particular, subject to their respective rules, regulations and legislation, the Parties shall not disclose information received from each other under this MOC and its Annexes that is considered proprietary. Such information shall be appropriately marked as such in accordance with their respective rules.

                  6.4.

                  The Parties shall agree on working arrangements on further procedures for the protection of classified information provided pursuant to this MOC and its Annexes, as required. Such procedures shall include the possibility for each Party to verify which protection measures have been put in place by the other Party.

            7.   Joint Committee of the Parties

                  7.1.

                  A Joint Committee is established, composed of representatives of each Party. The Joint Committee shall be co-chaired by one representative of each Party. The Joint Committee shall be responsible for the effective functioning of the Annexes to this MOC, including the adoption of the Annexes.

                  7.2.

                  A meeting of the Joint Committee shall be convened at least once a year to review the implementation of the Annexes to this MOC and shall be organised cost-effectively. Either Party may request a meeting of the Joint Committee at any time.

                  7.3.

                  The Joint Committee may consider any matter related to the functioning and implementation of the Annexes to this MOC. In particular, it shall be responsible for:

                              (a)

                              resolving any question relating to the application and implementation of the Annexes to this MOC;

                              (b)

                              considering ways to enhance the operation of the Annexes to this MOC and make, as appropriate, recommendations to the Parties for their amendment;

                              (c)

                              adopting Annexes to this MOC and working arrangements within the scope of the Annexes or amendments thereto;

                              (d)

                              considering financial and resource-related issues related to the implementation of the MOC and its Annexes; and

                              (e)

                              resolving any difference or dispute concerning the interpretation or application of this MOC and its Annexes.

                  7.4.

                  The Joint Committee shall operate on the basis of agreement between the chairpersons of each Party.

            8.   Dispute resolution

                  8.1.

                  Either Party may request consultations with the other Party on any matter related to this MOC. The other Party shall reply promptly to such a request and shall enter into consultations at a time agreed by the Parties within 45 days.

                  8.2.

                  The Parties shall make every effort to resolve any differences between them arising from their cooperation under this MOC at the lowest possible technical level by consultation.

                  8.3.

                  In the event that any difference is not resolved as provided for in paragraph 8.2 of this Article, either Party may refer the dispute to the Joint Committee, which shall consult on the matter, in accordance with Article 7 of this MOC, with a view to resolving it by negotiation.

                  8.4.

                  Notwithstanding paragraphs 8.1 to 8.3 of this Article, the dispute resolution provisions of the FAFA shall be applied when addressing any dispute arising from an issue of financial management.

                  8.5.

                  Nothing in this MOC shall be deemed as a waiver of any privilege or immunity of the Parties.

            9.   Entry into force, amendments and termination

                  9.1.

                  Pending its entry into force, this MOC shall be applied provisionally from the date of signature.

                  9.2.

                  This MOC shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed and shall remain in force until terminated.

                  9.3.

                  This MOC may be terminated at any time by either Party. Such termination shall be effected by 6 months’ written notice to the other Party unless the said notice of termination has been withdrawn by mutual consent of the Parties before the expiry of this period.

            За Европейския съюз
            Por la Unión Europea
            Za Evropskou unii
            For Den Europæiske Union
            Für die Europäische Union
            Euroopa Liidu nimel
            Για την Ευρωπαϊκή Ένωση
            For the European Union
            Pour l'Union européenne
            Per l'Unione europea
            Eiropas Savienības vārdā –
            Europos Sąjungos vardu
            Az Európai Unió részéről
            Għall-Unjoni Ewropea
            Voor de Europese Unie
            W imieniu Unii Europejskiej
            Pela União Europeia
            Pentru Uniunea Europeană
            Za Európsku úniu
            Za Evropsko unijo
            Euroopan unionin puolesta
            För Europeiska unionen
            Per la Unió Europea

            За Международната организация за гражданско въздухоплаване
            Por la Organización Internacional de Aviación Civil
            Za Mezinárodní organizaci pro civilní letectví
            For Organisationen for International Civil Luftfart
            Für die Internationale Zivilluftfahrt-Organisation
            Rahvusvahelise Tsiviillennunduse Organisatsiooni nimel
            Για τη Διεθνή Οργάνωση Πολιτικής Αεροπορίας
            For The International Civil Aviation Organisation
            Pour l’Organisation de l’aviation civile internationale
            Per l’Organizzazione internazionale dell’aviazione civile
            Starptautiskās Civilās aviācijas organizācijas vārdā
            Tarptautinės Civilinės aviacijos organizacijos vardu
            A Nemzetközi Polgári Repülési Szervezet részéről
            Għall-Organizzazzjoni tal-Avjazzjoni Ċivili Internazzjonali
            Voor de Internationale Burgerluchtvaartorganisatie
            W imieniu Organizacji Międzynarodowego Lotnictwa Cywilnego
            Pela Organização da Aviação Civil Internacional
            Pentru Organizația Aviației Civile Internaționale
            Za Medzinárodnú organizáciu civilného letectva
            Za Mednarodno organizacijo civilnega letalstva
            Kansainvälisen siviili-ilmailujärjestön puolesta
            För internationella civila luftfartsorganisationen


title: 2012/802/EU: Decision of the European Parliament of 23 October 2012 on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2010#Resolution of the European Parliament of 23 October 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2010

text:
               20.12.2012

               EN

               Official Journal of the European Union

               L 350/82

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 October 2012
   on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2010
   (2012/802/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Medicines Agency for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Medicines Agency for the financial year 2010, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

               having regard to its Decision of 10 May 2012 (2) postponing the discharge decision in respect of the implementation of the budget of the European Medicines Agency for the financial year 2010, its accompanying Resolution and the replies by the Executive Director of the Agency,

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council (4) establishing a European Medicines Agency, and in particular Article 68 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to the Joint Statement on decentralised agencies and the Common Approach annexed thereto, agreed in June 2012 by the European Parliament, the Council and the Commission, resulting from the work of the Inter-Institutional Working Group on decentralised agencies created in March 2009, and in particular the sections on governance, operation, programming, accountability and transparency of the Common Approach,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the second report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0298/2012),

               1.

               Grants the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Medicines Agency, 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).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 27.

      (2)  OJ L 286, 17.10.2012, p. 377.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 136, 30.4.2004, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 23 October 2012
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2010
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Medicines Agency for the financial year 2010,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Medicines Agency for the financial year 2010, together with the Agency’s replies (1),

                  —

                  having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

                  —

                  having regard to its Decision of 10 May 2012 (2) postponing the discharge decision in respect of the implementation of the budget of the European Medicines Agency for the financial year 2010, its accompanying Resolution and the replies by the Executive Director of the Agency,

                  —

                  having regard to Article 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

                  —

                  having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council (4) establishing a European Medicines Agency, and in particular Article 68 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

                  —

                  having regard to the Joint Statement on decentralised agencies and the Common Approach annexed thereto, agreed in June 2012 by the European Parliament, the Council and the Commission, resulting from the work of the Inter-Institutional Working Group on decentralised agencies created in March 2009, and in particular the sections on governance, operation, programming, accountability and transparency of the Common Approach,

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the second report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0298/2012),

                  A.

                  whereas on 10 May 2012, the European Parliament postponed its decision on the discharge and closure of the accounts of the European Medicines Agency (‘the Agency’) for the financial year 2010,

                  B.

                  whereas the Agency addressed to a large extent the weaknesses highlighted in the report of 10 May 2012 and provided the discharge authority with substantial information by letters of 2 and 6 July 2012 and of 2, 7 and 24 August 2012,

                  C.

                  whereas the discharge is a valid instrument of the European Parliament, which requires a decision based on factual and substantive arguments; recalling, in this context, the existing rules, i.e. the Staff Regulations for Officials and Conditions of Employment of Other Servants of the European Community, the Financial Regulation applicable to the general budget of the European Communities, the Agency’s founding regulation and the specific policies and procedures set up by the Agency,

                  1.

                  Recalls the importance of the work of the Agency by providing the best possible scientific advise on any question relating to the evaluation of the quality, the safety and the efficacy of medicinal products for human and veterinary use to the Member States and the institutions;

         Follow-up of 2009 discharge

                  2.

                  Notes that on 7 June 2012 the Management Board endorsed the new structure and scope of the Advisory Committee on Procurement and Contract; welcomes that the Agency put in place a multiannual procurement plan for 2012-2014 as requested by the discharge authority in its report on the discharge for the financial year 2009;

         Carryover appropriations and cancellations

                  3.

                  Reminds that the Court of Auditors reported a high level of carryovers for the financial year 2010 as well as a lack of compliance with the budgetary principle of annuality; welcomes the fact that the Agency has strengthened its procedures of fee revenue forecasting by creating a team which analyses, in close cooperation with the pharmaceutical industry, the status of pharmaceutical product research before submission to the Agency; notes the Agency’s firm commitment to work with Directorate-General Budget of the Commission in order to achieve a stable framework with the current revision of the Framework Financial Regulations;

                  4.

                  Gives full support to all efforts at the executive and administrative levels of the Agency to reform the payment system for services provided by Member States’ authorities which should clearly be based on the real costs; welcomes therefore the Agency’s initiative to prepare a new proposal to be submitted to the Management Board; urges and expects the Management Board to discuss and decide on this payment system without delay;

         Transparency and management of conflict of interest

                  5.

                  Takes note that the Agency is organising for November 2012 a workshop gathering a broad range of interested parties in the view of developing the modalities of providing public access to clinical trial data, and that the selection and training of the Agency’s scientific staff aimed at strengthening the analysis of raw data is well advanced;

                  6.

                  Takes note that the Agency has improved the scope and methodology of the systematic ex-ante and ex post controls related to the screening of declaration of interest; also welcomes the Agency’s decision to perform a yearly evaluation of its revised policy on declaration of interest; invites therefore the Agency to keep the discharge authority informed on the implementation of its revised policy, and in particular of its systematic ex ante and ex post controls, on a six month basis;

                  7.

                  Notes with satisfaction that the Agency has started publishing the minutes of some scientific committees’ meetings, starting with the Paediatric Committee, in July 2012; takes note that the publication process of the minutes of all scientific committees’ meetings will be completed only by the end of 2013;

                  8.

                  Notes that the concerns raised with regard to the financial circuits and the potential conflicts of interests in processing payments due to insufficient segregation of duties were addressed by the Agency with the introduction of SAP accounting software as its central financial system;

                  9.

                  Underlines that in June 2012 a ‘revolving door’ case occurred in the Agency, as the former Head of the Legal Service joined as senior counsel a US-based law firm having a number of pharmaceutical industry companies as clients; takes note that the Executive Director of the Agency launched a review of the work performed by the former Head of the Legal Service; invites the Agency to inform the discharge authority on the outcomes of this review by the end of 2012;

                  10.

                  Takes note that the Agency proceeded to a screening process of the declarations of interest of its experts and committee members who have been actively involved in the Agency’s activities between 1 January and 31 May 2012 against their curriculum vitae; notes that around 54 % of the experts and committee members provided the Agency with updated curriculum vitae; calls on the Agency to inform the discharge authority on the timeframe and outcomes of the screening process for the remaining 46 % by the start of the next discharge procedure;

                  11.

                  Welcomes the Agency’s initiative to publish on its website the declarations of interests of its staff occupying management positions and of the experts involved in the evaluation of medicinal products; notes with interest that the list of experts also indicates their risk level in terms of conflict of interest; welcomes the Agency’s commitment to publish next to the declarations of interest the professional and educational profiles of the scientific experts belonging to its Expert Database from the first quarter of 2013 and will follow closely the publication process during the future discharge procedures;

                  12.

                  Welcomes the announcement by the Agency that it plans to introduce an ex ante and ex post system for declarations of interest, notably by means of random comparison with CVs and information provided by experts at national level; asks the Agency to provide the budgetary control authority with a precise timetable for the implementation of this new system;

                  13.

                  Agrees with the Agency that a high level of reliability and honesty concerning the declaration of interests can only be achieved if pharmaceutical companies themselves disclose the list of experts and research centres with which they work, and the sums concerned in their financial links with them; agrees with the Agency that thought should be given to whether a legislative initiative in this field would be pertinent;

                  14.

                  Acknowledges the Agency’s efforts to address the discharge authority’s concerns with regards to the prevention and management of conflict of interest; notes in particular the reports of 29 June 2012 and 7 August 2012 received by the discharge authority on the review of the conflict of interest management cases identified by the IAS and on the review of potential conflicts of interest of experts involved in assessing the medicinal product Pandemrix;

                  15.

                  Is firmly convinced that necessary steps have to be taken should cases of non-compliance with existing rules occur; believes that, in such cases, the Agency should draw up an action plan, accompanied by a precise timetable, aiming to remedy the shortcomings, that its implementation should be monitored by the European Parliament, and that these problems should be addressed by changing the existing rules and regulations in order to eliminate possible loopholes;

                  16.

                  Calls on the Agency to introduce in its annual activity reports a special section describing the actions taken to prevent and manage conflict of interest, which should include, inter alia:

                              —

                              the number of alleged cases of conflict of interest verified,

                              —

                              the number of revolving door cases,

                              —

                              the measures taken in each category of cases,

                              —

                              the number of breach of trust procedures launched and their outcomes,

                              —

                              the penalties applied;

                        requests the Agency to inform the discharge authority of the detailed measures taken;

                  17.

                  Considers it noteworthy that the committee responsible is in close contact with the Agency by inviting the Executive Director for an exchange of views at least once a year, by having appointed a contact person from amongst its members and by visiting the Agency every two years; recalls that the last visit took place in June 2011;

                  18.

                  Welcomes, in general, the Joint Statement and the Common Approach on decentralised agencies afore mentioned, which address and take up some elements important to the discharge procedure, and believes that the roadmap on the follow-up to the Common Approach, to be presented by the Commission by the end of 2012, will take due account of those issues;

                  19.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (6) on the performance, financial management and control of the agencies.

         (1)  OJ C 366, 15.12.2011, p. 27.

         (2)  OJ L 286, 17.10.2012, p. 377.

         (3)  OJ L 248, 16.9.2002, p. 1.

         (4)  OJ L 136, 30.4.2004, p. 1.

         (5)  OJ L 357, 31.12.2002, p. 72.

         (6)  OJ L 286, 17.10.2012, p. 388.


title: 2010/697/EU: Council Decision of 21 October 2010 on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, with regard to the adoption of provisions on the coordination of social security systems#Draft — Decision No …/… of the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, of … with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement

text:
               23.11.2010

               EN

               Official Journal of the European Union

               L 306/1

         COUNCIL DECISION
   of 21 October 2010
   on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, with regard to the adoption of provisions on the coordination of social security systems
   (2010/697/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 67 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (1) (the Agreement), provides that the Association Council shall adopt provisions to implement the principles on the coordination of social security systems as set out in Article 65 of the Agreement before the end of the first year following its entry into force.

               (2)

               Objective 29, third indent, of the EU-Morocco Action Plan adopted by the Association Council in the context of the European Neighbourhood Policy on 27 July 2005 calls for the adoption by the Association Council of a decision implementing Article 65 of the Agreement.

               (3)

               In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (4)

               In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of the said Protocol, these Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, concerning the implementation of Article 67 of the Agreement, shall be based on the draft decision of the Association Council attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 21 October 2010.

            For the Council

            The President

         J. MILQUET

      (1)  OJ L 70, 18.3.2000, p. 2.

      Draft
      DECISION No …/… OF THE ASSOCIATION COUNCIL
      set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part,
      of …
      with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement
      THE ASSOCIATION COUNCIL,
      Having regard to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (1), and in particular Article 67 thereof,
      Whereas:

                  (1)

                  Articles 65 to 68 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (the Agreement), provide for the coordination of the social security systems of Morocco and the Member States. Article 65 lays down the principles for such coordination.

                  (2)

                  Article 67 of the Agreement provides that the Association Council shall adopt a decision implementing the principles set out in Article 65 before the end of the first year following the entry into force of the Agreement.

                  (3)

                  Objective 29, third indent, of the EU-Morocco Action Plan, as adopted by the Association Council in the context of the European Neighbourhood Policy on 27 July 2005, calls for the adoption of a decision implementing Article 65 of the Agreement.

                  (4)

                  With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other contracting party, where such facts or events are not taken into account under the legislation of the first contracting party, other than the right to export certain benefits.

                  (5)

                  In applying this Decision, the right of Moroccan workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another State, for instance Morocco.

                  (6)

                  Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Moroccan workers in the various Member States regarding entitlement to certain benefits, as set out in Article 65(2) of the Agreement.

                  (7)

                  It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Morocco, in order to facilitate the application of the coordination rules.

                  (8)

                  To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Morocco, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Morocco as well as between the person concerned and the institution of the competent State.

                  (9)

                  Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force,

            HAS ADOPTED THIS DECISION:
      PART I

         GENERAL PROVISIONS

      Article 1
      Definitions
      1.   For the purposes of this Decision:

                  (a)

                  ‘Agreement’ means the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part;

                  (b)

                  ‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union;

                  (c)

                  ‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4);

                  (d)

                  ‘Member State’ means a Member State of the European Union;

                  (e)

                  ‘worker’ means,

                              (i)

                              for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

                              (ii)

                              for the purposes of the legislation of Morocco, a person pursuing an activity as an employed person within the meaning of that legislation;

                  (f)

                  ‘member of the family’ means,

                              (i)

                              for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

                              (ii)

                              for the purposes of the legislation of Morocco, a member of the family within the meaning of that legislation;

                  (g)

                  ‘legislation’ means,

                              (i)

                              in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation;

                              (ii)

                              in relation to Morocco, the corresponding relevant legislation as applicable in Morocco;

                  (h)

                  ‘benefits’ means,

                              (i)

                              in relation to the Member States, benefits within the meaning of Article 3 of the Regulation;

                              (ii)

                              in relation to Morocco, the corresponding benefits applying in Morocco;

                  (i)

                  ‘exportable benefits’ means,

                              (i)

                              in relation to the Member States:

                                          —

                                          old-age pensions,

                                          —

                                          survivors’ pensions,

                                          —

                                          pensions in respect of accidents at work and occupational diseases,

                                          —

                                          invalidity pensions related to accidents at work and occupational diseases,

                                    within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

                              (ii)

                              in relation to Morocco, the corresponding benefits provided under the legislation of Morocco, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision.

            2.   Other terms used in this Decision shall have the meaning which is assigned to them:

                  (a)

                  in relation to the Member States, in the Regulation and the implementing Regulation;

                  (b)

                  in relation to Morocco, in the relevant legislation as applicable in Morocco.

            Article 2
      Persons covered
      This Decision shall apply:

                  (a)

                  to workers who are Moroccan nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors;

                  (b)

                  to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State;

                  (c)

                  to workers who are nationals of a Member State who are or have been legally employed in the territory of Morocco and who are or have been subject to the legislation of Morocco, and their survivors; and

                  (d)

                  to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Morocco.

            Article 3
      Equality of treatment
      1.   Workers who are Moroccan nationals and are legally employed in a Member State and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.
      2.   Workers who are nationals of a Member State and are legally employed in Morocco and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to Moroccan nationals.
      PART II

         RELATIONS BETWEEN THE MEMBER STATES AND MOROCCO

      Article 4
      Waiving of residence clauses
      1.   Exportable benefits within the meaning of Article 1(1)(i) to which the persons as referred to in Article 2(a) and (c) are entitled shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary is residing,

                  (i)

                  for the purpose of a benefit under the legislation of a Member State, within the territory of Morocco; or

                  (ii)

                  for the purpose of a benefit under the legislation of Morocco, within the territory of a Member State.

            2.   Family members of a worker as referred to in Article 2(b) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the Member State concerned when these family members reside within the territory of Morocco.
      3.   Family members of a worker as referred to in Article 2(d) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of Morocco when these family members reside within the territory of a Member State.
      PART III

         MISCELLANEOUS PROVISIONS

      Article 5
      Cooperation
      1.   The Member States and Morocco shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.
      2.   For the purposes of this Decision, the authorities and institutions of the Member States and of Morocco shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of Morocco may agree to certain expenses being reimbursed.
      3.   The authorities and institutions of the Member States and of Morocco may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.
      4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.
      5.   The persons concerned must inform the institutions of the competent Member State or Morocco, where the latter is the competent State, and of the Member State of residence or Morocco, where the latter is the State of residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.
      6.   Failure to respect the obligation of information referred to in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.
      7.   The Member States and Morocco may provide for national provisions that establish conditions for the verification of entitlement to benefits to take into account the fact that the beneficiaries are staying or residing outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and in accordance with the principles of this Decision. Such provisions shall be notified to the Association Council.
      Article 6
      Administrative checks and medical examinations
      1.   This Article shall apply to the persons as referred to in Article 2 and in receipt of exportable benefits as referred to in Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.
      2.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing within the territory of a Member State when the debtor institution is located in Morocco or in Morocco when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of that institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.
      The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.
      The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.
      The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefit is staying or residing or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
      3.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the territory of a Member State when the debtor institution is located in Morocco or in Morocco when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.
      The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.
      The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
      4.   One or more Member States and Morocco may agree on other administrative provisions, subject to their informing the Association Council thereof.
      5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.
      Article 7
      Application of Article 90 of the Agreement
      Article 90 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations as laid down in Articles 5 and 6.
      Article 8
      Special provisions for the application of the legislation of Morocco
      The Association Council may, if necessary, lay down special provisions for the application of the legislation of Morocco in Annex II.
      Article 9
      Administrative procedures from existing bilateral agreements
      Administrative procedures contained in existing bilateral agreements between a Member State and Morocco may continue to apply provided that those procedures do not adversely affect the rights or obligations of the persons concerned established by this Decision.
      Article 10
      Agreements supplementing the procedures for implementing this Decision
      One or more Member States and Morocco may conclude agreements designed to supplement the administrative procedures for implementing this Decision especially with regard to preventing and combating fraud and error.
      PART IV

         TRANSITIONAL AND FINAL PROVISIONS

      Article 11
      Transitional provisions
      1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.
      2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.
      3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.
      4.   If a request as referred to in paragraph 3 is submitted within two years from the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from the date of entry into force of this Decision, and the legislation of any Member State or Morocco concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.
      5.   If a request as referred to in paragraph 3 is submitted after the expiry of the two-year period following the date of entry into force of this Decision, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or Morocco.
      Article 12
      Annexes to this Decision
      1.   The Annexes to this Decision constitute an integral part thereof.
      2.   At the request of Morocco, the Annexes may be amended by a decision of the Association Council.
      Article 13
      Entry into force
      This Decision shall enter into force on the first day of the first month following the date of its publication in the Official Journal of the European Union.

         Done at …, …

               For the Association Council

               The President

         (1)  OJ L 70, 18.3.2000, p. 2.

         (2)  OJ L 124, 20.5.2003, p. 1.

         (3)  OJ L 166, 30.4.2004, p. 1.

         (4)  OJ L 284, 30.10.2009, p. 1.

         ANNEX I

            LIST OF MOROCCAN SPECIAL NON-CONTRIBUTORY CASH BENEFITS

         …

         ANNEX II

            SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF MOROCCO

         …


title: 2011/598/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2009#Resolution of the European Parliament of 10 May 2011 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/210

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2009
   (2011/598/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2009, together with the Foundation’s replies (1),

               —

               having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

               —

               having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (3), and in particular Article 16 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI 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 (A7-0108/2011),

               1.

               Grants the Director of the European Foundation for the Improvement of Living and Working Conditions discharge in respect of the implementation of the Foundation’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Foundation for the Improvement of Living and Working Conditions, 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).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 155.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 139, 30.5.1975, p. 1.

      (4)  OJ L 357, 31.12.2002, p. 72.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2011
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2009
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2009,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2009, together with the Foundation’s replies (1),

                  —

                  having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

                  —

                  having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

                  —

                  having regard to Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (3), and in particular Article 16 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

                  —

                  having regard to Rule 77 of, and Annex VI 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 (A7-0108/2011),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2009 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas, on 5 May 2010, Parliament granted the Director of the European Foundation for the Improvement of Living and Working Conditions discharge for implementation of the Foundation’s budget for the financial year 2008 (5), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              deplored the fact that in 2008, 2007 and 2006, the Court of Auditors found weaknesses in recruitment procedures,

                              —

                              called on the Foundation to take steps to improve the monitoring of its contracts and the programming of its procurement procedures,

                              —

                              noted that the amount carried over represented more than 55 % of appropriations (EUR 4 900 000) for the financial year 2008,

                  C.

                  whereas the Agency’s budget for the year 2009 was EUR 20 200 000, which is a decrease of 3,8 % from the financial year 2008,

         Performance

                  1.

                  Welcomes the Foundation’s intention to set out, in 2010, in a table to be annexed to the Court of Auditors’ next report, a comparison of the operations that were carried out during the year for which discharge is to be granted and during the previous financial year, so as to enable the discharge authority to assess more effectively its performance from one year to the next;

                  2.

                  Notes that the Foundation carried out another ex-post assessment exercise of its 2005-2008 work programme after the one already completed in 2007 assessing the Foundation’s 2001-2004 work programme; considers this exercise extremely useful for the Foundation, giving it helpful lessons and recommendations with regard to the challenges facing its future programming phase; congratulates the Foundation on demonstrating, by means of that assessment, that:

                              —

                              it deployed its financial resources efficiently in supporting implementation of its work programme,

                              —

                              it achieved the objectives of the 2005-2008 work programme;

                  3.

                  Encourages, nevertheless, the Foundation to further develop its ‘Eurofound Performance Monitoring System’ (EPMS) to ensure that the results of its performance monitoring are fed back into management decision-making and planning and that periodic surveys are carried out in order to obtain feedback from target audiences;

                  4.

                  Supports the external evaluator’s recommendation to better define the Foundation’s target audiences at a national level (i.e. whether the Foundation should go beyond national authorities and policy-makers and try and reach a broader group of employer bodies and employee bodies) and to set up a network of focal points based on the national authorities represented on its Governing Board;

         Governing Board

                  5.

                  Notes that the external evaluator of the ex-post assessment exercise of the Foundation’s 2005-2008 work programme reported that, because of its increased size following enlargement of the Union in 2004, the reduced number of meetings, and the relatively high turnover of members, Foundation’s Governing Board was not an effective decision-making body; calls, therefore, on the Foundation to take steps to strengthen the Governing Board’s role in providing overall direction to the Foundation; encourages, in particular, the Foundation’s Governing Board to make time available for discussion on strategic issues/priorities;

         Procurement procedures

                  6.

                  Notes that the Court of Auditors revealed errors and anomalies in the evaluation of one open procurement procedure which affected its quality; calls, therefore, on the Foundation to take steps to improve its evaluation and review procedure to avoid repetition of such errors in the future;

         Budgetary management

                  7.

                  Calls on the Foundation to make sure that appropriations are made available only when the corresponding assigned revenue has been received; notes, in fact, that the Court of Auditors reported that, contrary to its Financial Regulation (Article 19), the Foundation’s budget did not provide for specific headings for various programmes financed from assigned revenue; notes, moreover, that under a programme financed by assigned revenue, the Foundation committed EUR 184 000, although the assigned revenue actually received was only EUR 29 000;

                  8.

                  Regrets that the Court of Auditors was compelled to comment on the budgetary and financial statement of the Foundation, especially to the effect that the initial provisional accounts presented by the Foundation contained serious shortcomings, pointing to significant weaknesses in the financial organisation of the Foundation; welcomes the Foundation’s confirmation that it will ensure, through additional training and resources, that its implementation of year-end procedures and its adherence to the deadlines for the presentation of its accounts is correct;

         Human resources

                  9.

                  Calls on the Foundation to provide evidence of its staff selection decisions (e.g. evidence of candidate thresholds at the beginning of the recruitment process) in order to guarantee the transparency of the recruitment procedures; notes, in fact, that the Court of Auditors reported irregularities in this respect for seven audited staff selection procedures; acknowledges, in particular, that there was no evidence as to what thresholds candidates had to meet in order to be invited to interview and that those necessary for them to be put on the reserve list were set by the Selection Board even before examining the applications;

                  10.

                  Notes, in particular, that weaknesses on recruitment procedures have already been identified by the discharge authority since 2006; urges, therefore, the Foundation to rapidly redress the situation and inform the discharge authority as to the progress made;

                  11.

                  Welcomes nevertheless the Foundation’s confirmation that, in the future, it will strengthen the documentation of recruitment procedures.

         Internal audit

                  12.

                  Welcomes the Foundation’s implementation on 1 July 2010 of a system for recording and analysing the exceptions to its established policies and procedures (‘register of exceptions’);

                  13.

                  Acknowledges that, 2 out of the 8 recommendations of the Internal Audit Service (IAS)’s ‘follow-up of earlier recommendations’ have been implemented; notes that the recommendations that are considered to be ‘very important’ mainly relate to the effectiveness of the internal control system (i.e. ‘annual work plan for ensuring internal control’, ‘review sensitive posts’ and ‘procedures for communicating improprieties’); calls, therefore, on the Foundation to rapidly implement them;

                  14.

                  Notes also that in 2009 the IAS carried out an audit on Financial Management and put forward two ‘critical’ and six ‘very important’ recommendations out of 15; is concerned that the two critical findings relate to the accounting post (i.e. ‘position to be filled by a temporary agent or an official’, ‘powers to be aligned with recommendations of the Commission’s Accounting Officer’) and the validation of accounting systems, while the six ‘very important’ findings concern the need to better document its financial circuits, procurement design and planning, ex-post controls, reimbursement rules and exception reporting; urges, therefore, the Foundation to implement without delay the IAS’s recommendations and to inform the discharge authority on the progress made in this respect;

                  15.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (6) on the performance, financial management and control of the agencies.

         (1)  OJ C 338, 14.12.2010, p. 155.

         (2)  OJ L 248, 16.9.2002, p. 1.

         (3)  OJ L 139, 30.5.1975, p. 1.

         (4)  OJ L 357, 31.12.2002, p. 72.

         (5)  OJ L 252, 25.9.2010, p. 196.

         (6)  Texts adopted, P7_TA(2011)0163 (See page 269 of this Official Journal).