title: 2012/602/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/298

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2010
   (2012/602/EU)
   THE EUROPEAN PARLIAMENT,

               —

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

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European GNSS 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 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 (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency (3), and in particular Article 14 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 (A7-0127/2012),

               1.

               Grants the Executive Director of the European GNSS 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 GNSS 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. 112.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 276, 20.10.2010, p. 11.

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

      EUROPEAN PARLIAMENT RECOMMENDATIONS OVER THE PAST YEARS

               European GNSS Agency

               2006

               2007

               2008

               2009

               Budgetary and financial management

                           —

                           Weaknesses in the operation of the management and control systems: in 12 cases, the initiating official for the transaction did not have the delegated authority and the appropriate financial circuit was not followed

                           —

                           Uncertainties with regard to Galileo and EGNOS project assets

                           —

                           Weaknesses in the management of the budget: absence of a clear link between the Authority’s work programme and the budget, transfers neither adequately justified nor documented, repeated late booking of recovery orders in the budgetary accounts and inconsistent presentation of the budget’s implementation

                           —

                           Even with a de facto 50 % budget reduction, the consumption level of commitment and payment appropriations for operational activities was low: 63 % for commitments an 51 % for payments

                           —

                           Regrets that the Court of Auditors nuanced its statement of assurance on the reliability of the annual accounts for the financial year 2007 and on the legality and regularity of the underlying transactions

                           —

                           Uncertainties with regard to Galileo and EGNOS project assets

                           —

                           Weaknesses in the management of the budget: No proper amending budget was established

                           —

                           Regrets that the Court of Auditors nuanced its statement of assurance on the reliability of the annual accounts for the financial year 2008 and on the legality and regularity of the underlying transactions

                           —

                           Uncertainties with regard to Galileo and EGNOS project assets

                           —

                           The exclusion criteria for the framework programme 7 were not published and checked and the Authority did not systematically evidence that it had verified that the small and medium enterprises criteria for the potential beneficiaries participating in one of the topics were not met

                           —

                           The final budget published by the Authority on 31 March 2010 did not reflect the final budget for 2009 approved by the Administrative Board and did not include its revenue, urges the Authority therefore to remedy the situation and inform the discharge authority of the change

               Human resources

               n.a.

               n.a.

               n.a.

                           —

                           Deficiencies in staff selection procedures

                           —

                           The need to remedy deficiencies which infringe the principle of equal treatment in the application of the eligibility criteria in recruitment procedures open to both internal and external candidates

               Internal audit

               n.a.

               n.a.

               Calls on the Agency to fulfil the last two recommendations made by the Internal Audit Service in 2007: i.e. sensitive posts and job description

               Acknowledges two remaining important IAS recommendations yet to be implemented relate to sensitive posts and job descriptions

          ---documentbreak---

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/299

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

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

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European GNSS 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 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 (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency (3), and in particular Article 14 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 (A7-0127/2012),

               A.

               whereas the European GNSS Agency (‘the Agency’) became financially autonomous in 2006,

               B.

               whereas the Court of Auditors stated that it was unable to form an opinion on the accounts of the Agency for the financial year 2007 and points out that the entire architecture of the Galileo project was being revised in 2007 and that the Agency’s accounts were prepared in an uncertain legal environment,

               C.

               whereas the Court of Auditors nuanced its statement of assurance on the reliability of the annual accounts of the Agency for the financial year 2008 and on the legality and regularity of the underlying transactions,

               D.

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

               E.

               whereas the Court of Auditors in its report on the annual accounts of the Agency for the financial year 2010 qualified its opinion with regard to the reliability of its annual accounts for 2010,

               F.

               whereas on 10 May 2011 Parliament granted the Executive Director of the Agency discharge for implementation of the Agency’s budget for the financial year 2009 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           urged the Agency to remedy the deficiencies in the final budget published by the Agency on 31 March 2010 as it did not reflect the final budget for 2009 approved by the Administrative Board and did not include revenue,

                           —

                           urged the Agency to remedy the deficiencies in staff selection procedures which infringe the principle of equal treatment in the application of the eligibility criteria in recruitment procedures open to both internal and external candidates,

                           —

                           called on the Agency to remedy the exclusion criteria for the seventh research framework programme (FP7) which were not published and checked,

                           —

                           noted that the discharge authority did not systematically prove that small and medium enterprises criteria, for the potential beneficiaries in one of the topics which were not met, had been verified,

               G.

               whereas in 2011 the Agency took the steps required by Parliament to guarantee transparency, equal treatment, and effectiveness in its staff selection procedures,

               H.

               whereas the budget of the Agency for the financial year 2010 was EUR 15 900 000 compared to EUR 44 400 000 in 2009, which represents a decrease of 64,19 %; whereas the Agency reported a contribution of the Union to its budget for 2010 of EUR 8 690 000,

      Reliability of the accounts

               1.

               Notes that, in keeping with the accounting practice of the Galileo programme, components in the amount of EUR 4 400 000, namely Satellite magneto-torquers, satellite propulsion thrusters, satellite fuel tanks (In Orbit Validation) and ground rubidium atomic clocks (Full Operational Capability), were recorded by the Agency in 2010 as research expenditure;

               2.

               Notes that these assets have been recorded as research expenditure instead of being classified as assets held for transfer by the Agency to the Commission; points out that this accounting practice is in line with the Union requirements for the accounting treatment of Galileo components;

               3.

               Notes that, in the report sent to Parliament on 28 February 2012, the Agency explained why these components were dealt with in its accounts as described above;

               4.

               Takes notes of the Agency’s reply to the Court of Auditors on this respect and acknowledges that the Agency justified not having recorded this equipment as assets in its accounts for the following reasons:

                           —

                           the objective of the IOV/FOC phase is to assess the technical feasibility of the system, which was not validated in 2010, given that the Commission, which administers, and is in charge of, the Galileo programme, does not intend to carry out the validation until later,

                           —

                           according to the Matimop Arrangement the equipment was never intended to be acquired by the Agency and was never and shall never be under its control; this is one of the main conditions for recognition of an asset according to Union accounting standards,

                           —

                           from an accounting perspective it was found to be not prudent to recognise an asset without any economic benefit/value for the Agency,

                           —

                           based on the above and in line with a Commission’s consistent accounting practice in such a situation, the costs for the equipment were booked as research expenditure in 2010;

               5.

               Acknowledges in addition the Court of Auditors’ observations that, following the entry into force of Regulation (EC) No 683/2008 of the European Parliament and of the Council of 9 July 2008 on the further implementation of the European satellite navigation programmes (EGNOS and Galileo) (6), most of the activities and assets related to the EGNOS and Galileo programmes were transferred to the Commission in December 2009 but at 31 December 2010 the status of EUR 2 000 000 held by the Agency in respect of technical support from the European Space Agency had still to be determined; notes from the Agency that the transfer of EUR 2 000 000 was finalised on 3 October 2011;

      Budget and financial management

               6.

               Takes note from the Agency that the final contribution made by the Union to the Agency for 2010 amounted to EUR 8 690 000 and that this amount includes the initial budget of EUR 5 135 000 complemented by the recovery of surplus of EUR 2 755 000 and an additional amount of EUR 800 000 of payment appropriations to reinforce Title III (Operational expenditure);

               7.

               Acknowledges from its Report on Budgetary and Financial Management (RBFM) that the budget of the Agency for the financial year 2010 was subject to one amendment by the Administrative Board; takes note that the amending budget reflected a decision from DG ENTR to reinforce the Agency’s payment appropriations on budget line 3100 ‘Expenditure for studies’ by EUR 800 000 in order to maintain payment capacity on commitments carried over from previous years and on those entered into in 2010;

               8.

               Establishes its RBFM that the budget execution rate of the Agency reached 97 % for expenditure financed by the Union operation subsidy and 89 % for the operational activities financed from earmarked revenue; notes in particular that the budget execution rate of the Agency reached:

                           —

                           96 % in terms of commitments and 89 % in terms of payments under Title I (Staff expenditure),

                           —

                           99 % in terms of commitments and 78 % in terms of payments under Title II (Administration expenditure),

                           —

                           99 % in terms of commitments and 60 % in terms of payments under Title III (Operational expenditure),

                     is concerned that under Title III the Agency’s execution rate in terms of payments was only of 60 % compared to 97 % in 2009; welcomes the fact that the Agency has taken the necessary measures to remedy this situation, which have in fact translated into a high out-turn of payments in 2011 (90 % for Title III and 94 % for the budget as a whole);

               9.

               Ascertains from the RBFM that two internal transfers of a total value of EUR 205 000 were authorised by the Executive Director in 2010;

               10.

               Takes note from its Annual Activity Report (AAR) that the Agency received pre-financing from the Commission amounting to EUR 2 606 675 and EUR 4 556 158 in accordance with the FP7 Delegation Agreement;

      Grant procedures

               11.

               Calls on the Agency to rectify the deficiencies identified by the Court of Auditors in the evaluation process as regards the FP7/Galileo/Second Call grant procedures which has a budget of EUR 26 000 000; acknowledges in particular the Court of Auditors’ observations according to which the criteria for assessing the applicants’ financial capacity were not defined and although the status of the applicant determined the maximum reimbursement rate, such status was not verified by the Agency;

               12.

               Urges the Agency, in addition, to remedy the weaknesses found by the Court of Auditors on two grant agreements within the sixth research framework programme (FP6)/Third Call; notes in particular that the cost claims submitted by the beneficiaries were based on standard rates, instead of actual costs; reminds the Agency that this is not in compliance with the non-profit principle for Union financial contributions and that the Agency should promptly redress the situation;

               13.

               Acknowledges, in addition, the Court of Auditors’ observations according to which five audited grants, related to the FP6, showed delays of between one and three years in their implementation and successive increases in the initial value of the contracts were noted; notes that the Agency justified those delays by stating that the technological leading-edge nature of the activities is subject to constant change and therefore the Agency decided that those amendments and extensions were necessary and useful for the entire Galileo programme; notes that, in any case, the Agency states that it never exceeded the limit laid down in the budget for contracts as a whole;

      Procurement activities

               14.

               Notes from its AAR that the Agency had the following procurement activities in 2010:

                           —

                           65 purchase orders corresponding to an overall amount of approximately EUR 900 000,

                           —

                           six negotiated procedures corresponding to an overall amount of EUR 470 000,

                           —

                           three open calls corresponding to an overall amount of EUR 9 400 000;

      Consistency of the Annual Work Programme (AWP) and the AAR

               15.

               Notes that the Agency’s AAR does not necessarily mirror its AWP; establishes, in addition, that the objectives of its AWP are rather vague and therefore is quite difficult to assess and check whether they have been fulfilled; urges the Agency, therefore, to improve its AWP in order to allow the discharge authority to better evaluate the efficiency of the Agency; points out that the Agency has taken note of the Court of Auditors’ recommendations, and welcomes the fact that, as a result, the format of the next AWPs will conform to the requirements;

      Human resources

               16.

               Urges the Agency to improve the selection procedures in order not to jeopardise the transparency of recruitment; acknowledges the Court of Auditors’ observations according to which in the staff selection procedures audited, threshold scores were not determined for admission to written tests and interviews or for inclusion in the list of suitable candidates;

               17.

               Notes from its AAR that the Agency launched 16 recruitment processes and reached a total headcount of 40 by the end of 2010;

               18.

               Notes also from its AWP that the Agency provided for 42 total staff, whereas the total staff in employment as at 31 December 2010 were 40 (five more than in 2009): 18 operational, 14 administrative and eight mixed;

      Internal audit

               19.

               Acknowledges from its AAR that the Agency finalised its risk management policy and a risk register was developed;

               20.

               Notes in addition from the Agency’s AAR that at the end of 2010 there were no critical recommendations open by the Internal Audit Service, but there were five open recommendations related to:

                           —

                           the disclosure of objectives and performance indicators in the AWP,

                           —

                           the need to formalise the appointment of the Accounting Officer by the Administrative Board,

                           —

                           the establishment of adequate financing decisions,

                           —

                           the reinforcement of key controls in grant management,

                           —

                           the update of financial delegations and the regular assessment of ABAC users’ rights;

               21.

               Welcomes the fact that, according to the Agency’s annual implementation review of recommendations issued in December 2011, the above mentioned five open recommendations have been implemented;

               22.

               Draws attention to its recommendations from previous discharge reports, as set out in the Annex to this resolution;

               23.

               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 (7) on the performance, financial management and control of the agencies.

      (1)  OJ C 366, 15.12.2011, p. 112.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 276, 20.10.2010, p. 11.

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

      (5)  OJ L 250, 27.9.2011, p. 232.

      (6)  OJ L 196, 24.7.2008, p. 1.

      (7)  Texts adopted, P7_TA(2012)0164 (see page 388 of this Official Journal).


Important legal notice

|

52007BP0117(01)

1. European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of the European Environment Agency for the financial year 2005 (C6-0391/2006 - 2006/2158(DEC))

Official Journal 074 E , 20/03/2008 P. 0208 - 0208

		1.European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of the European Environment Agency for the financial year 2005 (C6-0391/2006 — 2006/2158(DEC))The European Parliament,- having regard to the final annual accounts of the European Environment Agency for the financial year 2005 [1],- having regard to the Court of Auditors' report on the final annual accounts of the European Environment Agency for the financial year 2005, together with the Agency's replies [2],- having regard to the Council's recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),- having regard to the EC Treaty, and in particular Article 276 thereof,- 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 Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation network [4], and in particular Article 13 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 [5], and in particular Article 94 thereof,- having regard to Rule 71 of and Annex V to its Rules of Procedure,- having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0103/2007),1. Grants the executive director of the European Environment Agency discharge for the implementation of the Agency's budget for the financial year 2005;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 Environment 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).[1] OJ C 266, 31.10.2006, p. 1.[2] OJ C 312, 19.12.2006, p. 36.[3] OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).[4] OJ L 120, 11.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 1641/2003 (OJ L 245, 29.9.2003, p. 1).[5] OJ L 357, 31.12.2002, p. 72.--------------------------------------------------


title: Decision of the Bureau of the European Parliament of 29 March 2004 laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the Regulations governing political parties at European level and the rules regarding their funding

text:
               4.3.2014

               EN

               Official Journal of the European Union

               C 63/1

      DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT

   of 29 March 2004 (1)

   laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the Regulations governing political parties at European level and the rules regarding their funding
   2014/C 63/01
   THE BUREAU OF THE EUROPEAN PARLIAMENT,
   Having regard to the Treaty establishing the European Community, and in particular Article 191 thereof,
   Having regard to Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding (2), and in particular Article 9(1) thereof,
   Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3) (the ‘Financial Regulation’) and Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (4) (the ‘Rules of Application of the Financial Regulation’),
   Having regard to Rule 23(11) of Parliament’s Rules of Procedure,
   Whereas:

               (1)

               There is a need to lay down the procedures for awarding and managing grants intended to contribute to the funding of political parties at European level (‘parties’) and political foundations at European level (‘foundations’),

               (2)

               Financial support for parties and foundations constitute an operating grant within the meaning of Article 121 of the Financial Regulation,

               (3)

               Financial support for foundations is accessory to financial support for parties, as it is conditioned on the foundation’s affiliation to a party and on the complementary role of the foundation in achieving the long-term objectives of the party. For reasons of sound financial management and transparency, each award of financial support shall be the subject of a Bureau decision of which the beneficiary shall be notified,

         HAS ADOPTED THIS DECISION:
   Article 1
   Subject matter
   This Decision lays down the procedures for implementing Regulation (EC) No 2004/2003.
   Unless explicitly stated otherwise, this Decision applies both to parties, and to foundations.
   Article 2
   Call for proposals
   The European Parliament shall publish each year, before the end of the first half of the year preceding the year in respect of which the grant is being requested, a call for proposals with a view to the awarding of grants to parties and foundations.
   Article 3
   Funding application
   1.   For the purposes of implementing Article 4 of Regulation (EC) No 2004/2003, any organisation wishing to receive a grant from the general budget of the Union shall submit a written application to the President of the European Parliament prior to the 1 October preceding the financial year in respect of which the grant is being requested. The conditions laid down in Article 3 of Regulation (EC) No 2004/2003 shall be met on the date when the application is submitted and be maintained throughout the entire funding period.
   2.   The grant application form is set out in Annex 1. It is available on Parliament’s website.
   3.   In the grant application the General Conditions as set out in Annex 2a (parties) and Annex 2b (foundations) shall be accepted.
   4.   All notifications pursuant to Article 4(3) of Regulation (EC) No 2004/2003 shall be forwarded to the President of the European Parliament.
   Article 4
   Decision on the funding application
   1.   On a proposal from the Secretary-General, the Bureau shall assess funding applications on the basis of the criteria laid down in Articles 3 and 4 of Regulation (EC) No 2004/2003 with a view to determining which applications are eligible for funding. The Bureau and, when the Bureau decision is being prepared, the Secretary-General may ask an applicant to submit further supporting documents or to clarify the supporting documents attached to the application, by a deadline which they shall lay down.
   2.   Before 1 January of the financial year in respect of which the grant is being requested, the Bureau shall draw up the list of beneficiaries and the amounts of the grants awarded. Should a funding application not be approved, the Bureau shall set out in the same decision the grounds for rejecting the application, in particular in the light of the criteria laid down in Articles 3 and 4 of Regulation (EC) No 2004/2003.
   The deadline laid down in the first subparagraph may exceptionally be extended, should it not be possible, on account of the date of the last Bureau meeting before Parliament’s Christmas recess period or due to a delay in the Union budgetary procedure, to draw up in due time the list of beneficiaries and the amounts of the grants awarded.
   The Bureau decision shall be adopted on the basis of the assessment provided for in paragraph 1. It shall take account of any changes which have occurred in an applicant’s situation following submission of the application, on the basis of notifications received pursuant to Article 4(3) of Regulation (EC) No 2004/2003 and changes which are common knowledge.
   Pursuant to point (b) of Article 10(1) of Regulation (EC) No 2004/2003, the grant amount to be awarded to each party shall be determined on the basis of the number of Members of the European Parliament being a member of the applicant party on the final date for submission of applications, except where the number of Members has increased following the accession of new Member States.
   When, due to a change in the number of organisations applying for funding or the number of Members having joined an applicant party, the amounts for the applicants are significantly different from those which could be expected at the moment of the publication of the call for proposals, the Secretary-General shall inform the Bureau, which may invite the President of the European Parliament to submit a proposal to the competent committee with a view to adapting the available appropriations.
   3.   The Secretary-General, or a person duly authorised by him, shall inform applicants in writing of the decision taken on their applications. In cases where an application has been approved, the notification shall incorporate, as an annex, the grant award decision of the Bureau. Where an application has not been approved, the notification shall include the grounds for rejection set out by the Bureau. Applicants whose applications have been rejected by the Bureau shall be informed of that fact within 15 calendar days following notification to beneficiaries of the decision to award a grant.
   Article 5
   Grant award decision
   A grant awarded to a beneficiary shall be the subject of a grant award decision made by the Bureau and notified to the beneficiary, pursuant to Article 121(1) of the Financial Regulation. The models for a draft grant award decision are set out in Annexes 2a and 2b.
   Article 6
   Payment
   1.   Unless the Bureau decides otherwise, grants shall be paid to beneficiaries in the form of pre-financing in one instalment of 80 % of the maximum amount of the grant within 15 days following the date of the grant award decision. 100 % pre-financing of the maximum grant amount shall be permitted provided the beneficiary supplies a pre-financing guarantee pursuant to Article 206 of the Rules of Application of the Financial Regulation covering 40 % of the grant awarded.
   2.   The balance shall be paid once the period of eligibility for Union funding has come to an end, on the basis of the expenditure actually incurred by the beneficiary in implementing the work programme. If the total amount of the preceding payments exceeds the figure determined for the final grant, Parliament shall recover the sums unduly paid.
   3.   By 15 May and at the latest by 30 June following the end of the financial year, the beneficiary shall submit a final report with a view to enabling Parliament to pay the balance of the grant. The final report shall be composed of the following documents:

               (a)

               a report on the implementation of the work programme, as defined in Annex 1, Section II(2.1);

               (b)

               a financial statement of the eligible expenditure actually incurred, based on the structure of the provisional budget;

               (c)

               a comprehensive summary of revenue and expenditure corresponding to the beneficiary’s accounts for the period of eligibility covered by the grant award decision, specifying, where parties are concerned, the amount of the surplus carried over by the party to the next financial year and the amount to be provided for the specific reserve;

               (d)

               the list provided for in point (b) of Article 6(1) of Regulation (EC) No 2004/2003, specifying the donors and their respective donation exceeding EUR 500 per year and per donor;

               (e)

               a list of contracts, with the exception of lease contracts for the bureaux and the employment contracts of the salaried personnel, exceeding EUR 10 000, with specification of the contractual partner and the address thereof and the scope of the goods or services;

               (f)

               a report on an external audit of the beneficiary’s accounts carried out by an independent body or expert authorised under national law to audit accounts and appointed by Parliament for all parties and foundations.

         4.   The purpose of the external audit conducted in accordance with International Standards on Auditing shall be to certify that:

               (a)

               the financial statements have been prepared in accordance with the national law applicable to the beneficiary, are free of material misstatement and show a true and fair view of the financial position and the operating results;

               (b)

               the financial documents submitted by the beneficiary to the European Parliament are consistent with the financial provisions of the Bureau’s grant award decision;

               (c)

               the expenditure declared was actually incurred;

               (d)

               the statement of revenue is exhaustive;

               (e)

               the obligations arising from Regulation (EC) No 2004/2003 have been met;

               (f)

               the obligations arising from the grant award decision, in particular from Article II.7 and Article II.11, have been met;

               (g)

               (for parties) any surplus carried over to the next financial year has been used in the first quarter of the financial year, pursuant to Article 6a of this Bureau decision;

               (h)

               the obligations arising out of Article 125(5) and (6) of the Financial Regulation have been met;

               (i)

               the contributions in kind have actually been provided to the beneficiary and have been valued in compliance with the applicable rules.

         The auditor shall be mandated by Parliament, subject to the tender procedures in force under the Financial Regulation. The auditor’s fees shall be paid by Parliament.
   5.   Upon receipt of the documents referred to in paragraph 3, and of any additional information needed by Parliament, the Bureau, acting on a proposal from the Secretary-General, shall approve within three months the final report.
   The Bureau and, when the Bureau decision is being prepared, the Secretary-General may ask the beneficiary to supply supporting documents or any further information it regards as necessary to enable it to approve the final report.
   After hearing the representatives of the beneficiary concerned, the Bureau may reject the final report and call for the submission of a fresh report within a period of 15 days.
   Should Parliament not respond in writing within the three-month period referred to in subparagraph 1, the final report shall be deemed to have been approved. Should additional information be requested, the time limit for scrutiny shall be extended by the time needed to obtain and evaluate the information concerned.
   Article 6a
   Surplus of income, carry-over and specific reserve
   The surplus of income of financial year N may, in accordance with Article 125 of the Financial Regulation, be carried over to the next financial year and/or entered in a specific reserve. It is constituted by the difference between the total eligible expenditure and:

               (a)

               the amount of the initial grant awarded by Parliament for financial year N, pursuant to Article 4(2); and

               (b)

               the party’s own resources earmarked to cover eligible expenditure, the party having previously covered non-eligible expenditure using own resources only; and

               (c)

               any surplus carried over from financial year N-1.

               (a)

               The surplus of income that may be carried over to financial year N+1 may not exceed 25 % of the total income referred to in points (a) and (b) of paragraph 1.

               (b)

               The amount actually carried over shall be entered on the closing balance sheet for financial year N as a ‘provision to be carried over to financial year N+1 to cover eligible costs to be incurred in the first quarter of N+1’. The allocation to that provision shall constitute an eligible cost coming under financial year N.

               (c)

               The provision in question shall be recorded in the profit and loss account for financial year N+1. An interim settlement of accounts to be made on 31 March of year N+1 at the latest shall determine the eligible expenditure actually incurred as at that date. If the provision is greater than that expenditure, the difference between the two amounts shall be deducted from the grant when the final grant for year N is laid down in accordance with Article 7.

               (a)

               The closing balance sheet liabilities may include a specific reserve account to which the sole funds credited shall be the surplus of income referred to in paragraph 1.

               (b)

               The surplus of income assignable to the specific reserve account shall not exceed the difference between the income referred to in point (b) of paragraph 1 and the minimum notional portion (15 %) of own resources necessary to cover eligible expenditure actually incurred or included in the provision to be carried over to financial year N+1.

               (c)

               The specific reserve account for parties may not be credited with any sum bringing its total amount above the reference amount provided for in the third subparagraph of Article 125(6) of the Financial Regulation, defined as the arithmetic mean of the total income of the last three financial years.

               (d)

               The specific reserve account for foundations is governed by the provisions of Article 125(5) of the Financial Regulation and Article 184 of the Rules of Application of the Financial Regulation.

         Article 7
   Determining the final grant
   1.   Irrespective of the information obtained subsequently in connection with the checks and audits, after hearing the representatives of the beneficiary making the request to be heard, the Bureau shall determine the amount of the final grant to be awarded to the beneficiary on the basis of the documents referred to in Article 6(3) which it has approved.
   2.   Under no circumstances shall the total amount paid to the beneficiary by Parliament exceed:

               (a)

               the maximum amount of the grant laid down in Article I.3.2 of the grant award decision;

               (b)

               85 % of the eligible expenditure actually incurred.

         3.   The grant shall be limited to the amount needed to balance own resources and eligible expenditure in the operating budget of the beneficiary which implemented the work programme. Under no circumstances shall it produce a profit for the beneficiary, as defined in Article 125 of the Financial Regulation. Any surplus shall give rise to a corresponding reduction in the amount of the grant.
   4.   On the basis of the amount of the final grant determined in accordance with paragraphs 1 to 3 and the cumulative amount of the payments previously made under the grant award decision, the Bureau shall lay down the amount of the balance to be paid, which shall be equal to the amounts still due to the beneficiary. If the cumulative amount of the payments previously made exceeds the amount of the final grant, the Secretary-General or his delegate shall issue a recovery order in respect of the excess amount.
   Article 8
   Suspension and reduction of the grant
   On a proposal from the Secretary-General, the Bureau shall suspend payments and reduce the grant, and, if appropriate, shall revoke the grant award decision, and may request appropriate repayment:

               (a)

               in the event of the grant being used to cover expenditure not authorised by Regulation (EC) No 2004/2003;

               (b)

               in the event of failure to provide the notification laid down in Article 4(3) of Regulation (EC) No 2004/2003;

               (c)

               in the event of failure to meet the conditions and obligations laid down in Articles 3 and 6 respectively of Regulation (EC) No 2004/2003;

               (d)

               should one of the circumstances described in Article 106 or 107 of the Financial Regulation arise.

         Before taking a decision, the Bureau shall give the beneficiary the chance to comment on the irregularities established.
   Article 9
   Recovery
   1.   If amounts have been unduly paid to the beneficiary or if a recovery procedure is justified under the terms of the grant award decision, the beneficiary shall repay the amounts concerned to Parliament, in accordance with the terms and by the deadline laid down by Parliament.
   2.   Should the beneficiary fail to make the repayment by the deadline laid down by Parliament, the latter shall charge on the sums due late-payment interest at the rate laid down in Article II.13.3 of the grant award decision. The late-payment interest shall cover the period between the deadline laid down for repayment, exclusive, and the date on which Parliament receives full repayment of the sums due, inclusive.
   Article 10
   Checks and audits
   1.   The regular verification pursuant to Article 5(1) of Regulation (EC) No 2004/2003 shall be carried out by the Secretary-General.
   2.   The beneficiary shall supply all the detailed information requested to Parliament, or to any other external body authorised by Parliament, so that Parliament can verify the proper implementation of the work programme and the provisions of the grant award decision.
   3.   The beneficiary shall keep at Parliament’s disposal all the original documents, in particular accounting, bank and tax documents, or, in duly substantiated exceptional cases, certified true copies of the original documents, relating to the grant award decision. The period of retention terminates after five years from the date on which the balance of the amounts due, as referred to in Article I.4.2 of the grant award decision, is paid.
   4.   The beneficiary shall facilitate the performance by Parliament, either directly by Parliament staff or by any other external body Parliament has authorised to that effect, of an audit of the way the grant has been used. Such audits may be carried out throughout the lifetime of the grant award decision, and until the end of a period of five years as from the date on which the balance of the amounts due, as referred to in Article I.4.2 of the grant award decision, is paid. If appropriate, the audit findings may give rise to recovery decisions by the Bureau.
   5.   The grant award decision shall expressly provide for auditing by Parliament and the Court of Auditors, on the basis of records and on the spot, of the beneficiary which has received a grant from the general budget of the Union.

      Ex post checks may be conducted by the authorising officer by delegation as established in Article 66(6) of the Financial Regulation.
   6.   Pursuant to Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (5), OLAF may also carry out checks and verifications on the spot, in accordance with the procedures laid down by Union law with a view to protecting the financial interests of the Union against fraud and other irregularities. If appropriate, the findings may give rise to recovery decisions by the Bureau.
   Article 11
   Technical assistance
   1.   On a proposal from the Secretary-General, the Bureau may grant parties and foundations technical assistance, in accordance with the Bureau decision of 14 March 2000 governing the use of Parliament’s premises by outside bodies, as amended, and any other form of technical assistance provided for by rules adopted subsequently by the Bureau. The Bureau may delegate to the Secretary-General the power to take certain types of decisions concerning the granting of technical assistance.
   2.   Each year, within three months following the end of the financial year, the Secretary-General shall submit to the Bureau a report setting out details of the technical assistance provided by Parliament to each party and foundation. The report shall then be published on Parliament’s website.
   Article 11a
   Rules for election campaigns
   In due time before elections to Parliament, the Bureau may adopt rules on the eligibility of parties’ expenses in connection with campaigns conducted by parties in the context of those elections.
   Article 12
   Publicity
   1.   Parliament shall publish on its website at least the information referred to in Article 9a of Regulation (EC) No 2004/2003 and in Article 191(1) of the Rules of Application of the Financial Regulation, during the first six months of the following financial year.
   2.   The beneficiary shall publish on its website or, where there is no such site, in an appropriate media at least the information detailed in Article 6(1) of the Regulation (EC) No 2004/2003 by 30 September following the financial year in respect of which the grant has been awarded.
   Article 13
   Right of appeal
   Decisions taken pursuant to this Decision may be the subject of an appeal to the Court of Justice of the European Union, in accordance with the conditions laid down by the Treaty on the Functioning of the European Union.
   Article 14
   Entry into force
   The amendments to this Decision adopted by the Bureau on 13 January 2014 shall apply as from the grant award procedure for 2014.
   Article 15
   Publication
   This Decision shall be published in the Official Journal of the European Union and on the website of the European Parliament.

      (1)  Amended by the Bureau decisions of 1 February 2006, 18 February 2008, 2 February 2011 and 13 January 2014. The present publication concerns a consolidated version of the Bureau decision of 29 March 2004, as last amended by Bureau decision of 13 January 2014.

      (2)  OJ L 297, 15.11.2003, p. 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 362, 31.12.2012, p. 1.

      (5)  Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

      ANNEX 1

      ANNEX 2A
      (party)

         ANNEX

            Breakdown of the provisional operating budget

                        Expenditure

                     Eligible expenditure

                     Budget

                     Actual

                        A.1:   Personnel costs

                                 1.

                                 Salaries

                                 2.

                                 Contributions

                                 3.

                                 Professional training

                                 4.

                                 Staff missions expenses

                                 5.

                                 Other personnel costs

                        A.2:   Infrastructure and operating costs

                                 1.

                                 Rent, charges and maintenance costs

                                 2.

                                 Costs relating to installation, operation and maintenance of equipment

                                 3.

                                 Depreciation of movable and immovable property

                                 4.

                                 Stationery and office supplies

                                 5.

                                 Postal and telecommunications charges

                                 6.

                                 Printing, translation and reproduction costs

                                 7.

                                 Other infrastructure costs

                        A.3:   Administrative expenditure

                                 1.

                                 Documentation costs (newspapers, press agencies, databases)

                                 2.

                                 Costs of studies and research

                                 3.

                                 Legal costs

                                 4.

                                 Accounting and audit costs

                                 5.

                                 Support to third parties (1)

                                 6.

                                 Miscellaneous administrative costs

                        A.4:   Meetings and representation costs

                                 1.

                                 Costs of meetings

                                 2.

                                 Participation in seminars and conferences

                                 3.

                                 Representation costs

                                 4.

                                 Costs of invitations

                                 5.

                                 Other meeting-related costs

                        A.5:   Information and publication costs

                                 1.

                                 Publication costs

                                 2.

                                 Creation and operation of internet sites

                                 3.

                                 Publicity costs

                                 4.

                                 Communications equipment (gadgets)

                                 5.

                                 Seminar and exhibitions

                                 6.

                                 Election campaigns (1)

                                 7.

                                 Other information-related costs

                                    A.6:

                                 Expenditure relating to contributions in kind

                                    A.7:

                                 Allocation to ‘Provision to cover eligible expenditure to be incurred in the first quarter of N+1’
                                  (1)

                                 A.

                                 TOTAL ELIGIBLE EXPENDITURE

                        B.1   Non-eligible expenditure

                                 1.

                                 Allocations to other provisions

                                 2.

                                 Financial charges

                                 3.

                                 Exchange losses

                                 4.

                                 Doubtful claims on third parties

                                 5.

                                 Others (to be specified)

                                 B.

                                 TOTAL NON-ELIGIBLE EXPENDITURE

                                 C.

                                 TOTAL EXPENDITURE

                        Revenue

                     Budget

                     Actual

                                 D.1

                                 Dissolution of ‘Provision to cover eligible costs to be incurred in the first quarter of N’ (1)

                                 D.2

                                 European Parliament grant

                                 D.3

                                 membership fees

                                 3.1

                                 from member parties

                                 3.2

                                 from individual members

                                 D.4

                                 Donations

                                 4.1

                                 exceeding 500 EUR

                                 4.2

                                 not exceeding 500 EUR

                                 D.5

                                 Other own resources (to cover eligible expenditure) (to be listed)

                                 D.6

                                 Contributions in kind

                                 D.

                                 REVENUE (to cover eligible expenditure)

                                 E.1

                                 Additional other own resources (to cover non-eligible expenditure) (to be listed)

                                 E.

                                 REVENUE (to cover non-eligible expenditure

                                 F.1

                                 Interest from pre-financing

                                 F.

                                 TOTAL REVENUE

                                 G.

                                 profit/loss (F-C)

                                 H.1

                                 Allocation of own resources to the specific reserve account

                                 H.

                                 Profit/loss for verifying compliance with the no-profit rule (G-H.1)

            (1)  Not applicable to political foundations at European level.

      ANNEX 2B
      (foundation)

         ANNEX

            Breakdown of the provisional operating budget

                        Expenditure

                     Eligible expenditure

                     Budget

                     Actual

                        A.1:   Personnel costs

                                 1.

                                 Salaries

                                 2.

                                 Contributions

                                 3.

                                 Professional training

                                 4.

                                 Staff missions expenses

                                 5.

                                 Other personnel costs

                        A.2:   Infrastructure and operating costs

                                 1.

                                 Rent, charges and maintenance costs

                                 2.

                                 Costs relating to installation, operation and maintenance of equipment

                                 3.

                                 Depreciation of movable and immovable property

                                 4.

                                 Stationery and office supplies

                                 5.

                                 Postal and telecommunications charges

                                 6.

                                 Printing, translation and reproduction costs

                                 7.

                                 Other infrastructure costs

                        A.3:   Administrative expenditure

                                 1.

                                 Documentation costs (newspapers, press agencies, databases)

                                 2.

                                 Costs of studies and research

                                 3.

                                 Legal costs

                                 4.

                                 Accounting and audit costs

                                 5.

                                 Support to third parties (1)

                                 6.

                                 Miscellaneous administrative costs

                        A.4:   Meetings and representation costs

                                 1.

                                 Costs of meetings

                                 2.

                                 Participation in seminars and conferences

                                 3.

                                 Representation costs

                                 4.

                                 Costs of invitations

                                 5.

                                 Other meeting-related costs

                        A.5:   Information and publication costs

                                 1.

                                 Publication costs

                                 2.

                                 Creation and operation of internet sites

                                 3.

                                 Publicity costs

                                 4.

                                 Communications equipment (gadgets)

                                 5.

                                 Seminar and exhibitions

                                 6.

                                 Election campaigns (1)

                                 7.

                                 Other information-related costs

                                    A.6:

                                 Expenditure relating to contributions in kind

                                    A.7:

                                 Allocation to ‘Provision to cover eligible expenditure to be incurred in the first quarter of N+1’
                                  (1)

                                 A.

                                 TOTAL ELIGIBLE EXPENDITURE

                        B.1   Non-eligible expenditure

                                 1.

                                 Allocations to other provisions

                                 2.

                                 Financial charges

                                 3.

                                 Exchange losses

                                 4.

                                 Doubtful claims on third parties

                                 5.

                                 Others (to be specified)

                                 B.

                                 TOTAL NON-ELIGIBLE EXPENDITURE

                                 C.

                                 TOTAL EXPENDITURE

                        Revenue

                     Budget

                     Actual

                                 D.1

                                 Dissolution of ‘Provision to cover eligible costs to be incurred in the first quarter of N’ (1)

                                 D.2

                                 European Parliament grant

                                 D.3

                                 membership fees

                                 3.1

                                 from member parties

                                 3.2

                                 from individual members

                                 D.4

                                 Donations

                                 4.1

                                 exceeding EUR 500

                                 4.2

                                 not exceeding EUR 500

                                 D.5

                                 Other own resources (to cover eligible expenditure) (to be listed)

                                 D.6

                                 Contributions in kind

                                 D.

                                 REVENUE (to cover eligible expenditure)

                                 E.1

                                 Additional other own resources (to cover non-eligible expenditure) (to be listed)

                                 E.

                                 REVENUE (to cover non-eligible expenditure

                                 F.1

                                 Interest from pre-financing

                                 F.

                                 TOTAL REVENUE

                                 G.

                                 profit/loss (F-C)

                                 H.1

                                 Allocation of own resources to the specific reserve account

                                 H.

                                 Profit/loss for verifying compliance with the no-profit rule (G-H.1)

            (1)  Not applicable to political foundations at European level.


Avis juridique important

|

31997D0247

97/247/EC: Commission Decision of 4 April 1997 on setting up a special aquaculture section of the Advisory Committee on Fisheries

Official Journal L 097 , 12/04/1997 P. 0028 - 0029

COMMISSION DECISION of 4 April 1997 on setting up a special aquaculture section of the Advisory Committee on Fisheries (97/247/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas it is important to seek the views of the trade and of consumers on various aspects of a Community system for fisheries and aquaculture, in the aquaculture sector;Whereas an Advisory Committee on Fisheries was set up in the fisheries sector by Commission Decision 71/128/EEC (1), which text has last been replaced by Decision 89/4/EEC (2);Whereas in view of the development of the aquaculture industry, of its economic importance and of certain of its special features, a special aquaculture section of the Advisory Committee on Fisheries should be set up to improve opportunities for consulting the industry;Whereas, in order to ensure that consultation in the fisheries and aquaculture sector is coordinated, the section should be chaired by the chairman of the Advisory Committee on Fisheries, and joint meetings of the Advisory Committee of Fisheries and the special aquaculture section should be organized whenever necessary,HAS DECIDED AS FOLLOWS:Article 1 1. There shall be attached to the Commission a special aquaculture section of the Advisory Committee on Fisheries, hereinafter called 'the Section`.2. The Section shall be composed of representatives of the following interests, connected with the aquaculture sector: producers and cooperatives, credit institutions, trade and industry, workers and consumers.Article 2 1. The Section may be consulted by the Commission on any problem concerning aquaculture, and in particular on measures it is required to adopt for the aquaculture sector in the framework of the common policy on fisheries and aquaculture.2. The chairman of the Section may indicate to the Commission the desirability of consulting the Section on any matter within the latter's competence.3. He shall do so, in particular, at the request of one of the interests represented.Article 3 The Section shall consist of 20 members. Seats shall be apportioned as follows:- 13 to representatives of aquaculture producers and cooperatives, including at least four to representatives of producers and cooperatives engaged in the production of molluscs,- three to representatives of the trade in and processing of aquaculture products,- two to representatives of workers in the aquaculture sector,- one joint seat to a representative of commercial banks and specialized cooperative credit institutions,- one to a consumers' representative.Article 4 1. Members of the Section shall be appointed by the Commission on proposals from the trade organizations and other bodies set up at Community level which are most representative of the interests specified in Article 1 (2). Those bodies shall, for each seat to be filled, put forward the names of two candidates of different nationality.2. The term of office for members of the Section shall be three years, except the first term of office, which shall expire at the end of the term of office of the members of the Advisory Committee on Fisheries. Their appointments may be renewed. Members shall not be remunerated for their services.After expiry of the three years, members of the Section shall remain in office until they are replaced or until their appointments are renewed.A member's term of office may be terminated before expiry of the three years by death or resignation.It may also be terminated where the body which the member represents requests that he be replaced.A person shall be appointed, in accordance with the procedure laid down in paragraph 1, to replace such member for the remainder of the term of office.3. A list of the members of the Section shall be published by the Commission for information purposes, in the Official Journal of the European Communities.Article 5 The chairman of the Advisory Committee on Fisheries shall be chairman of the Section. The Section shall elect a vice-chairman for a period of three years, save that the first term of office shall expire at the end of the term of office of the members of the Section, as provided for in Article 4 (2). The vice-chairman shall be elected by a two-thirds majority of the members present. The Section may, be the like majority, elect further officers from among the other members. In that case, the officers other than the chairman shall consist at most of one representative of each interest represented in the Section. The officers shall prepare and organize the work of the Section.Article 6 At the request of any of the interests represented, the chairman may invite a person delegated by the interest concerned to be present at meetings of the Section. He may likewise on such request invite any person with special qualification in any subject on the agenda to take part in an except capacity in the deliberations of the Section. Experts shall take part in discussions only of those questions on account of which they were invited.Article 7 The Section may set up working groups to assist it in carrying out its work.Article 8 1. The Section shall be convened by the Commission and shall meet at Commission headquarters. Meetings of the officers shall be convened by the chairman by arrangement with the Commission.2. Joint meetings with the Advisory Committee on Fisheries shall be organized at the request of the chairman of that Committee or of the Commission.3. Representatives of the Commission departments concerned shall take part in meetings of the Section, its officers and working groups.4. Secretarial services for the Section, its officers and working groups shall be provided by the Commission.Article 9 The Section shall discuss matters on which the Commission has requested an opinion. No vote shall be taken.The Commission may, when seeking the opinion of the Section, set a time limit within which such opinion shall be given.The views expressed by the various interests represented shall be included in a report forwarded to the Commission.In the event of unanimous agreement being reached in the Section on the opinion to be given, the Section shall formulate joint conclusions and attach them to the report.Article 10 Without prejudice to the provisions of Article 214 of the Treaty, where the Commission informs them that the opinion requested or the question raised is on a matter of a confidential nature, members of the Section shall be under an obligation not to disclose information which has come to their knowledge through the work of the Section or of its working groups.In such cases, only Section members and representatives of the Commission departments concerned may be present at meetings.Article 11 This Decision shall enter into force on 4 April 1997.Done at Brussels, 4 April 1997.For the CommissionEmma BONINOMember of the Commission(1) OJ No L 68, 22. 3. 1971, p. 18.(2) OJ No L 5, 7. 1. 1989, p. 33.


title: Decision of the European Parliament of 23 April 2009 on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/167

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2007
   (2009/667/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Railway Agency for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Railway Agency for the financial year 2007, together with the Agency’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               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 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (4), and in particular Article 39 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 Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0165/2009),

               1.

               Grants the Executive Director of the European Railway Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2007;

               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 Railway 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

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 278, 31.10.2008, p. 53.

      (2)  OJ C 311, 5.12.2008, p. 92.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 164, 30.4.2004, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72.
   RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   with observations forming an integral part of the Decision on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2007
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Railway Agency for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Railway Agency for the financial year 2007, together with the Agency’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               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 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (4), and in particular Article 39 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 Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0165/2009),

               A.

               whereas the Court of Auditors (ECA) stated that it has obtained reasonable assurance that the annual accounts for the financial year 2007 are reliable, and the underlying transactions are legal and regular,

               B.

               whereas on 22 April 2008 Parliament granted the Executive Director of the European Railway Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2006 (6),

               1.

               Welcomes the fact that, whereas for 2006 the ECA’s statement of assurance was partly qualified with regard to the underlying transactions, the ECA’s statement of assurance is positive for the financial year 2007;

               2.

               Notes that the Agency had EUR 16 645 000 in commitment and payment appropriations from the 2007 budget;

               3.

               Notes that, in its reply to the ECA’s 2006 annual report, the Agency estimated the extra costs resulting from its obligation to work in two different cities — the administrative seat being in Valenciennes whereas meetings are held in Lille — at EUR 450 000, not including indirect cost such as ‘wasted’ working hours due to travelling or additional administrative work;

               4.

               Regrets that the fact of having two seats hampers the Agency’s work and results in extra costs for European taxpayers; notes that in the draft host state agreement, it is foreseen that additional costs are covered by the host state;

               5.

               Welcomes the fact that the Agency followed up on the ECA’s criticism that a physical inventory of its fixed assets was missing and that a physical inventory was carried out in June 2008 and all fixed assets are now labelled and will be recorded in the inventory;

               6.

               Notes the ECA’s criticism that weaknesses were found in some selection procedures and that the Agency had not yet finalised its recruitment procedures;

               7.

               Calls on the Agency to follow up on its promise, in its replies to the ECA, to finalise a full description of procedures to be followed as regards recruitment in the first quarter of 2009;

         Budget planning and implementation

               8.

               Notes that the ECA, without qualifying its statement of assurance, draws particular attention to its observations concerning budget planning and implementation;

               9.

               Notes from the ECA’s annual report 2006 that the Agency’s final budget for 2007 amounted to EUR 16 600 000, including a reserve of EUR 1 900 000; further notes that at the end of 2007 EUR 3 400 000 had to be cancelled, including the reserve, and that, in addition, EUR 2 700 000 was carried over to 2008;

               10.

               Is concerned by the ECA’s conclusion that more than 35 % of final appropriations had not been used, which, according to the ECA, showed that the Agency’s programming and budgeting procedures were affected by serious weaknesses;

               11.

               Notes that the Agency, in its replies to the ECA, refers to the fact that the 2007 budget was prepared when it had just become financially independent and had no past experience on which to base estimates, and that the uncertainty as to if and when the reserve would be released made it necessary to plan activities without taking the reserve into account;

               12.

               Is worried by the ECA’s finding that, although the Agency’s budget implementation was low, the amount of cash it requested and received from the Commission greatly exceeded its actual cash needs;

               13.

               Notes that the cash available to the Agency at the beginning of 2007 was about EUR 2 300 000, and that, in addition, it requested and received EUR 17 000 000 in cash from the Commission; notes that the payments made in 2007 amounted to about EUR 12 500 000; concludes that the cash received exceeded actual cash needs by about EUR 6 800 000;

               14.

               Agrees with the ECA’s conclusion that the Agency’s cash forecasts had not been prepared rigorously, which is at odds with the principle of sound financial management;

               15.

               Notes that the Executive Director, in its written explanation to Parliament, acknowledged that the total amount of cash requested and received was in excess of what was eventually needed, and explained that this was related to low budget execution and the lack of experience to support forecasts of cash needs;

               16.

               Welcomes the Executive Director’s statement that, in the meantime, the procedure for collecting subsidies has been updated and the forecasting of cash needs improved;

               17.

               Calls on the Agency, on the basis of Article 15(5) of Regulation (EC) No 2343/2002, which has been in force since July 2008 and which obliges the agencies to implement rigorous cash management in order to ensure that their cash balances are limited to duly justified requirements, to pay particular attention to improving its cash management;

         Follow-up to the 2006 discharge exercise

               18.

               Recalls that the 2006 financial year was the first year the Agency was financially autonomous and subject to the discharge procedure;

               19.

               Recalls that for 2006, the ECA’s statement of assurance was qualified due to weaknesses in tendering procedures, and regrets that the ECA detected weaknesses in procurement again in 2007;

               20.

               Notes that the Agency, in its replies to the ECA, acknowledges that some improvements are still needed and that it is working on a procurement manual in order to standardise procedures;

               21.

               Notes that, as in 2006, the ECA criticised weaknesses in budget implementation, in particular with regard to the high level of appropriations carried over;

               22.

               Calls on the Agency to strive to increase the level of budget implementation and to report on the measures taken and results achieved in its report on budgetary and financial management 2008;

               23.

               Urges the Commission to ensure that the Agency maintains strict financial discipline in the future and always works within the agreed budgets;

               24.

               Refers for other observations accompanying its Decision on discharge which are of a horizontal nature to its Resolution of 23 April 2009 on financial management and control of EU agencies (7).

      (1)  OJ C 278, 31.10.2008, p. 53.

      (2)  OJ C 311, 5.12.2008, p. 92.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 164, 30.4.2004, p. 1.

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

      (6)  OJ L 88, 31.3.2009, p. 209.

      (7)  See page 206 of this Official Journal.


title: Decision (EU) 2017/341 of the European Parliament and of the Council of 14 December 2016 on the mobilisation of the European Globalisation Adjustment Fund following an application from Spain — EGF/2016/004 ES/Comunidad Valenciana automotive

text:
               28.2.2017

               EN

               Official Journal of the European Union

               L 50/51

         DECISION (EU) 2017/341 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 14 December 2016
   on the mobilisation of the European Globalisation Adjustment Fund following an application from Spain — EGF/2016/004 ES/Comunidad Valenciana automotive
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market.

               (2)

               The EGF is not to exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (3).

               (3)

               On 21 June 2016, Spain submitted an application to mobilise the EGF, in respect of redundancies in 29 enterprises in the automotive sector in Spain. It was supplemented by additional information provided in accordance with Article 8(3) of Regulation (EU) No 1309/2013. That application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013.

               (4)

               In accordance with Article 4(2) of Regulation (EU) No 1309/2013, the application from Spain is considered admissible since the redundancies have a serious impact on employment and the local, regional or national economy.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution of EUR 856 800 in respect of the application submitted by Spain.

               (6)

               In order to minimise the time taken to mobilise the EGF, this decision should apply from the date of its adoption,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the Union for the financial year 2016, the European Globalisation Adjustment Fund shall be mobilised to provide the amount of EUR 856 800 in commitment and payment appropriations.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 14 December 2016.

      Done at Strasbourg, 14 December 2016.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         I. KORČOK

      (1)  OJ L 347, 20.12.2013, p. 855.

      (2)  OJ C 373, 20.12.2013, p. 1.

      (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).