title: 2012/592/EU: Decision of the European Parliament of 10 May 2012 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 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/258

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   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 2010
   (2012/592/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 2010,

               —

               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 2010, together with the Foundation’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 (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 (A7-0116/2012),

               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 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 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 150.

      (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.
   ANNEX

      EUROPEAN PARLIAMENT RECOMMENDATIONS OVER THE PREVIOUS YEARS

               European Foundation for the Improvement of Living and Working conditions

               2006

               2007

               2008

               2009

               Performance

               n.a.

               n.a.

               Calls on the Foundation to set out a diachronic analysis of operations carried out in this and previous years, similarly to the ex-post analysis done in the previous years

                           —

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

                           —

                           Supports the external evaluators recommendation to better define the Foundations target audiences at national level & to set up a network of focal points based on national authorities represented on its Governing Board

               Operating appropriations carried over

               The implementation rate for 2006 commitment appropriations was more than 97 %. Carryover rates were 43 % for operating activities. Thus, the budgetary principle of annuality was not strictly observed

               n.a.

               The Foundation should take action to prevent shortcomings in the planning and programming, in order to fulfil the principle of annuality

                           —

                           Calls on the Foundation to make sure appropriations are made available only when the corresponding assigned revenue has been received

                           —

                           Notes that the Court of Auditors was compelled to comment on the budgetary & financial statement of the Foundation which contained serious shortcomings, signally weaknesses in the financial organisation of the Foundation

               Budget transfers without supporting documents

               n.a.

               n.a.

               Budget transfers were not properly justified

               n.a.

               Procurement procedures

               n.a.

               Anomalies regarding the financial evaluation procedure and selection criteria not allowing proper performance of an evaluation of the final capacity of the candidates

               Calls on the Foundations to take steps to improve the monitoring of its contracts and the programming of its procurement procedures

               Calls on the Foundation to take steps to improve its evaluation & review procedure to avoid repetition of errors in its procurement procedure in the future

               Human Resources

               The recruitment procedure are not completely transparent and non-discriminatory

               The recruitment procedure are not completely transparent and non-discriminatory

                           —

                           Calls on the Foundations to take steps to make better provision in advance for the departure of key staff member; to enter staff number in the activity report in a transparent manner

                           —

                           Improvements have been undertaken in the Foundation’s recruitment procedures

               Calls on the Foundation to provide evidence of its staff selection decisions to guarantee the transparency of the recruitment procedures. Urges the Foundation to rapidly redress the situation & inform the discharge authority as to the progress made.

               Internal Audit

               Calls on improving the financial management: i.e. two contracts were not charged to the budget of the related year

                           —

                           Calls on improving the financial management: i.e. recoverable VAT for the 2007 financial year of EUR 376 611 was not claimed by the end of the year

                           —

                           Calls on the Foundation to take steps to improve its financial statements

                           —

                           Calls on the Foundation to take steps to fulfil 28 out of 54 recommendations made by the Internal Audit Service → i.e. to put in place the internal control standards; to follow up the implementation of other internal control standards; to introduce an effective planning and monitoring system

                           —

                           2 out of the 8 recommendations of the IAS have been implemented

                           —

                           Urges the Foundation to implement the recommendations of the IAS Financial Management report without delay & inform the discharge authority on the progress made in this respect

          ---documentbreak---

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/259

         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 Foundation for the Improvement of Living and Working Conditions for the financial year 2010
   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 2010,

               —

               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 2010, together with the Foundation’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 (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 (A7-0116/2012),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 10 May 2011 Parliament granted the Director of the European Foundation for the Improvement of Living and Working Conditions discharge for the implementation of the Foundation’s budget for the financial year 2009 (5), and in its Resolution accompanying the discharge decision, inter alia:

                           —

                           called 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,

                           —

                           called on the Foundation to make sure appropriations are made available only when the corresponding assigned revenue has been received,

                           —

                           noted that the Court of Auditors was compelled to comment on the budgetary and financial statement of the Foundation which contained serious shortcomings, signalling weaknesses in its financial organisation,

               C.

               whereas the overall Agency budget for the financial year 2010 was EUR 20 900 000, which represents an increase of 3,4 % over the financial year 2009; whereas the initial contribution of the Union to the budget of the Agency for 2010 was EUR 19 067 159 compared to EUR 19 450 000 in 2009 (6), which represents a decrease of 0,97 %,

      Follow-up of the Court of Auditors’ observations of 2009

               1.

               Acknowledges from its Annual Activity Report (AAR) that the Foundation undertook the commitments and actions below following the Court of Auditors’ observations of 2009:

                           —

                           the Foundation committed itself to pay closer attention to the fact that, in future, appropriations are only to be made available when the corresponding assigned revenue has been received,

                           —

                           the Foundation committed to substantially improve the efforts for the closure of the 2010 accounts through additional training and resources; it was ensured that all deadlines were kept with regard to the 2010 accounts and that no major weaknesses were detected in the provisional 2010 accounts,

                           —

                           the missing Register of Exceptions was implemented on 1 July 2010,

                           —

                           for staff selection procedures no evidence was found that thresholds which the candidates had to meet for invitation to interviews and for being part of the reserve list were set before examining applications; the Foundation has now included these thresholds in the reports of its Selection Committee,

                           —

                           the Foundation took measures to further strengthen evaluation and review procedures in an effort to avoid errors in the procurement procedure in the future;

               2.

               Calls on the Court of Auditors to confirm to the discharge authority that these actions and commitments are sufficient to redress the deficiencies found in the Foundation by the Court in 2009;

      Budget and Financial management

               3.

               Recalls that the initial Union contribution to the Agency for 2010 amounted to EUR 19 067 159; notes however that EUR 762 841, which came from the recovery of surplus, was added to this which, as a result, makes a total Union contribution of EUR 19 830 000 for 2010;

               4.

               Takes note from entries in its Annual Accounts that the Foundation published an amended budget totalling EUR 20 848 000 very close to the year-end 2010; regrets the absence of information from the Agency on the reasons behind these changes; calls on the Agency to remedy the situation and inform the discharge authority about this matter;

               5.

               Notes from its AAR that the Foundation had an execution rate of 98 % in terms of committed appropriations; notes in particular from the Annual Accounts that the utilisation rate of the Foundation under Title I (Staff expenditures), Title II (Administration) and Title III (Operational expenditures) were respectively of 99,8 %, 95,1 % and 96 %;

               6.

               Establishes from the Annual Accounts of the Foundation that the utilisation of appropriations carried over from 2009 to 2010 amounted to 96,1 % in payment terms compared to 94,2 % in 2009;

      Human Resources

               7.

               Observes from the Foundation’s AAR that the percentage of staff posts filled, 91 %, has improved in 2010 compared to 2009 (78 %);

      Performance

               8.

               Underlines that the main activity of the Foundation is to contribute to the establishment of better living and working conditions by increasing and disseminating knowledge relevant to this subject through networks and surveys; observes that 68 % of the Foundation’s staff is allocated to these operative activities while the rest of staff is allocated to administrative tasks; considers it therefore of high importance for the discharge authority to assess the efficiency and the effectiveness of the surveys’ management process in the Foundation;

               9.

               Notes in particular that in 2010 the Foundation has undertaken the following activities within its Network of European Observatories and surveys:

                           —

                           within its European Industrial Relations Observatory (EIRO): 357 information updates added; five representativeness studies; annual updates on pay and working time and industrial action; annual review on industrial relations; six comparative analytical reports,

                           —

                           within its European Working Conditions Observatory (EWCO): 107 information updates added; six comparative analytical reports on occupational promotion of migrant workers and the self-employed,

                           —

                           within its European Restructuring Monitor (ERM): 1 258 restructuring fact sheets added; four comparative analytical reports,

                           —

                           within its second European Quality of Life Survey: secondary analysis report on family life and work,

                           —

                           within its third European Quality of Life Survey: preparation of field work,

                           —

                           within its fifth European Working Conditions Survey: field work with 44 000 interviews in 34 countries; publication of first findings (résumé),

                           —

                           within its European Company Survey: overview report published, secondary analysis on flexibility profiles of companies and on part-time work;

               10.

               Urges the Foundation to register all the decisions of the Governing Board on surveys as the efficiency and effectiveness in communicating these decisions may be affected in the absence of proper standards for documenting decisions made; acknowledges, in particular, that the Foundation is deficient in this respect and that the Chairperson of the Governing Board does not necessarily sign and date the decisions taken;

               11.

               Notes, in addition, that the Foundation’s Advisory Committees, responsible for the Governing Board giving input to the preparation and evaluation phases of surveys, do not have Terms of Reference nor Rules of Procedure for the organisation of their meetings; considers that these deficiencies may lead to a misunderstanding of the roles and responsibilities of the Advisory Committees with detrimental effects on the preparation of the surveys; calls therefore on the Foundation to address this situation and inform the discharge authority on the measures taken in this respect;

               12.

               Calls also on the Foundation to put in place written procedures describing its core activities; underlines that this could help the Foundation use its resources effectively and identify possible weaknesses;

               13.

               Notes, nevertheless, the Foundation’s efforts to strengthen control measures to improve the quality of its surveys; notes, in particular, that its staff visit some countries where the surveys are carried out to assess how contractors conduct interviews and its staff test the questionnaire used for conducting the surveys by carrying out cognitive interviews on a limited number of elements of the sample in some countries;

      Internal audit

               14.

               Notes that, since February 2010, the Foundation’s Deputy Director fulfils the role of Internal Control Coordinator; takes note that the annual work plan for internal control is monitored in quarterly meetings of an Internal Control committee with the Head of Administration, Head of Human Resources and Head of Operations;

               15.

               Acknowledges from the Foundation’ AAR that the internal audit activities in 2010 were built on the strategic audit plan 2009-2011 which is based on the 2008 risk assessment; notes also that a new risk assessment was carried out in February 2011 resulting in a new strategic audit plan for 2011-2013 with the following topics:

                           —

                           Audit on Surveys Management – second phase (2011),

                           —

                           Reporting/Building Blocks of Assurance (2012);

               16.

               Notes, moreover, that for 2012/2013 the prospective topics are:

                           —

                           HR Management: Recruitment, Training, Appraisal and Promotion System,

                           —

                           Products Quality Management/Customer relations/Stakeholders relations management,

                           —

                           Document Management,

                           —

                           Management of meetings;

               17.

               Notes that the Internal Audit Service (IAS) planed to perform in 2010 an audit on the Foundation’s surveys management; is concerned that due to limited availability of key Foundation staff during the audit engagement and incomplete documentation of the surveys management, the IAS was unable to collect sufficient audit evidence with regard to some modules of the risk-based scope; notes, however, that an additional phase of this audit was conducted at the beginning of 2011 and that the results will be presented in the annual internal audit report for 2011; calls on the Foundation to provide the discharge authority with this report in a timely manner;

               18.

               Is concerned that the IAS recommendation on the validation of Accounting Systems has been delayed; notes in particular that this recommendation is considered by the IAS as ‘critical’; urges the Foundation, therefore, to take immediate steps in this regard and to inform the discharge authority of the measures taken to redress this deficiency;

               19.

               Establishes that five ‘very important’ recommendations of the IAS were still open at year-end 2010; notes that these recommendations relate to the need to:

                           —

                           document the procedure for surveys management,

                           —

                           ensure that the information for the planning of surveys is accurate and of good quality and monitor the planned activities,

                           —

                           update procedures manual for procurement and re-enforce compliance and good practice,

                           —

                           document financial circuits,

                           —

                           put in place ex-post controls methodology,

                     notes from the Foundation’s AAR that the three ‘very important’ recommendations on Financial Management are reported as implemented by the Foundation while the Annual Internal Audit Report establishes that they suffer delay with respect to the original action plan of the Foundation; calls, therefore, on the Foundation and IAS to inform the discharge authority of the actual status of these particular recommendations;

               20.

               Urges the Foundation to properly address the recommendations issued by the IAS and to inform the discharge authority about the measures taken in this respect;

               21.

               Observes, nevertheless, in the Foundation’s AAR that following the IAS recommendation on Financial Management in 2009, the procedure for the ex-post verification was reviewed and updated with a risk assessment for the justification of the sample size selection;

               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. 150.

      (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 250, 27.9.2011, p. 210.

      (6)  OJ L 64, 12.3.2010, p. 505.

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


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:
               3.10.2008

               EN

               Official Journal of the European Union

               C 252/1

      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
   (2008/C 252/01)
   THE BUREAU,
   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 (1), and in particular Article 9(1) 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 (2) (hereinafter the Financial Regulation), Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (3) (hereinafter the regulation laying down detailed implementing rules),
   Having regard to Rule 22(10) 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 and political foundations at European level;

               (2)

               Financial support for political parties at European level and for political foundations at European level constitute an operating grant within the meaning of Article 108 et seq. of the Financial Regulation,

               (3)

               Financial support for political foundations at European level is accessory to financial support for political parties at European level, as it is conditioned on the former’s affiliation to a political party at European level and on the former’s complementary role in achieving the long-term objectives of the latter. For reasons of sound financial management and transparency, each award of financial support shall be the subject of an individual grant agreement,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject-matter
   These rules lay down the procedures for implementing 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.
   Unless explicitly stated otherwise, these rules apply both to political parties at European level, hereinafter ‘parties’, and to political foundations at European level, hereinafter ‘foundations’.
   Article 1a
   For the funding of parties and foundations, the Bureau shall adopt at the beginning of every parliamentary term an indicative multiannual financial framework, based on reference values for the basic amount per party and for the additional amount linked to the number of MEPs being a member of the party concerned. This framework will constitute the prime reference for the budgetary authority of the European Parliament during the annual budgetary procedure, without affecting the powers of the budgetary authority as defined by the Treaty.
   Article 2
   Call for proposals
   The European Parliament shall publish each year, before the end of the first half of the year, a call for proposals with a view to the awarding of grants to fund parties and foundations. The published document shall set out the eligibility criteria, the arrangements for the provision of Community funding and the proposed timetable for the award procedure.
   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 European Union shall submit a written application to the President of the European Parliament prior to the 1 November 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 must be met on the date when the application is submitted and be maintained throughout the entire funding period.
   2.   The grant application form is annexed to these rules (Annex 1). It is available on Parliament’s Internet site.
   3.   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 February 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 grant 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 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 Article 10(1)(b) 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 MEPs being a member of the applicant party on the final date for submission of applications, except where the number of MEPs increases following the accession of new Member States.
   When, due to a change in the number of organisations applying for funding or the number of MEPs having joined an applicant party, the reference amounts for the applicants are significantly different from those which could be expected under Article 1a, the Secretary-General shall immediately inform the Bureau, which may invite the President to submit a proposal to the competent committee with a view to adapting the available appropriations.
   3.   The President shall inform applicants in writing of the action taken on their applications. In cases where an application has been approved, the notification shall incorporate, as an annex, the draft grant agreement to be signed by the beneficiary. In cases 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 agreement
   A grant awarded to a beneficiary shall be the subject of a written agreement between the European Parliament, represented by the President or his or her delegate, and the beneficiary. A copy of the draft grant agreement is annexed to these rules (Annex 2). The agreement must be duly completed and signed by the two parties to the agreement within 30 days following the Bureau decision referred to in Article 4. The wording of the grant agreement shall not be thereafter amended.
   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 when the last of the two parties to the agreement signs the agreement.
   2.   The balance shall be paid once the period of eligibility for Community funding has come to an end, on the basis of the expenditure actually incurred by the beneficiary in implementing the programme of activities. If the total amount of the preceding payments exceeds the figure determined for the final grant, the European 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 the following documents with a view to enabling Parliament to pay the balance of the grant:

               —

               a final report on the implementation of the programme of activities,

               —

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

               —

               a comprehensive summary of revenue and expenditure corresponding to the beneficiary’s accounts for the period of eligibility covered by the grant agreement, 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 financial reserve,

               —

               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.

         4.   The purpose of the external audit shall be to certify that:

               —

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

               —

               the financial documents submitted by the beneficiary to Parliament are consistent with the financial provisions of the grant agreement,

               —

               the expenditure declared was actually incurred,

               —

               the statement of revenue is exhaustive,

               —

               the obligations arising out of Articles 6, 7, 8 and 10(2) of Regulation (EC) No 2004/2003 have been met,

               —

               where grants to parties are concerned, any surplus carried over to the next financial year has been used in the first quarter of the financial year, pursuant to Article 6a,

               —

               where grants to parties are concerned, the obligations arising out of Article 109(4) of the Financial Regulation have been met.

         If the beneficiary has submitted the report on an external audit from the same independent body or from the same expert for five consecutive financial years, it shall submit the subsequent report from a different independent body or from a different expert.
   5.   Upon receipt of the documents referred to in paragraph 3, and within two months, the Bureau, acting on a proposal from the Secretary-General, shall approve the final report on the implementation of the programme of activities and the final financial statement.
   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 and the final financial statement. The beneficiary shall have 15 days in which to submit the supporting documents concerned.
   After hearing the representatives of the beneficiary concerned, the Bureau may reject the final report and the final financial statement and call for the submission of a fresh report and a fresh financial statement. The beneficiary shall have 15 days in which to submit a fresh report and a fresh financial statement.
   Should Parliament not respond in writing within the two-month period referred to above, the final report and the final financial statement shall be deemed to have been approved.
   6.   The beneficiary shall notify Parliament of the amount of interest or equivalent benefits generated by the pre-financing received from Parliament. The notification must be forwarded with the application for payment of the balance which settles the pre-financing procedure. That interest shall be the subject of a recovery order issued by the Secretary-General or his delegate.
   Article 6a
   Carry-over to the next financial year and reserve account (applicable to parties only)
   1.   Revenue surplus
   The revenue surplus of financial year N that may, under the terms of Article 109(4) of the Financial Regulation, be carried over to the next financial year and entered in a specific reserve is constituted by the difference between the total eligible expenditure and:

               (a)

               the amount of the initial grant awarded by the European 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.

         2.   Carry-over to the next financial year

               (a)

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

               (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 account to be made on 31 March of year N+1 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.

         3.   Specific reserve account

               (a)

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

               (b)

               The revenue surplus assignable to the specific reserve account may not exceed the difference between the revenue referred to in paragraph 1(b) 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 may not be credited with any sum bringing its total amount above the reference amount provided for in the third subparagraph of Article 109(4) of the Financial Regulation, defined as the arithmetic mean of the total revenue of the last three financial years.

         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 may the total amount paid to the beneficiary by Parliament exceed:

               —

               the maximum amount of the grant laid down in Article I.3.2 of the grant award agreement,

               —

               85 % of the eligible expenditure actually incurred.

         3.   The grant shall be limited to the amount needed to balance revenue and eligible expenditure in the operating budget of the beneficiary which implemented the programme of activities and under no circumstances shall it produce a profit for the beneficiary, after application of Article 109(4) of the Financial Regulation and Article 6a of these rules. 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 this way and the cumulative amount of the payments previously made under the grant agreement, 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 terminate the grant agreement, 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 93 or 94 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 agreement, 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.14.3 of the grant agreement. 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 the latter can verify the proper implementation of the programme of activities and the provisions of the grant agreement.
   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 agreement for a period of five years from the date on which the balance of the amounts due, as referred to in Article I.4 of the grant agreement, 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 agreement, up to the date on which the balance is paid, and for a period of five years as from the date on which the balance is paid. If appropriate, the audit findings may give rise to recovery decisions by the Bureau.
   5.   Each grant agreement shall expressly provide for auditing by the European 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 European Union.
   6.   Pursuant to Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (4), OLAF may also carry out checks and verifications on the spot, in accordance with the procedures laid down by Community law with a view to protecting the financial interests of the European Communities 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 technical assistance, in accordance with the Bureau decision of 14 March 2000 governing the use of Parliament’s premises by outside bodies, as amended by the decision of 2 June 2003, and any other form of technical assistance provided for by subsequent rules. 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. The report shall then be published on Parliament’s Internet site.
   Article 11a
   Rules for election campaigns
   In good time before the 2009 elections to the European Parliament, the Bureau may adopt rules on the eligibility of parties’ expenses in connection with campaigns conducted by parties in the context of the elections to the European Parliament.
   Article 12
   Publicity
   1.   The European Parliament shall publish on its Internet site at least the information referred to in Article 9a of Regulation (EC) No 2004/2003 and in Article 169 of Regulation (EC) No 2342/2002 during the first six months of the following financial year.
   2.   The beneficiary shall publish 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 on its Internet site, or where there is no such site, in an appropriate media.
   Article 13
   Right of appeal
   Decisions taken pursuant to these rules may be the subject of an appeal to the Court of Justice of the European Communities or the Court of First Instance of the European Communities, in accordance with the conditions laid down by the Treaty.
   Article 14
   Transitional rules for the financial year 2008
   1.   The European Parliament will communicate to the parties concerned, as soon as possible after adoption of the modifications to these rules on 18 February 2008, the information in respect of affiliated foundations referred to in Article 2.
   2.   Where a party submits, on the basis of the modifications introduced by the amendment of Regulation (EC) No 2004/2003 or by the present rules, a supplementary application, within the meaning of Article 2 of Regulation (EC) No 1524/2007:

               (a)

               for its own funding: the Authorising Officer by delegation is delegated to sign the corresponding amending grant agreement without a further Bureau decision;

               (b)

               for funding of a foundation: the dates of 1 November and 1 February, laid down in Article 3(1) and Article 4(2), are replaced by 28 March and 28 June.

         Article 15
   Revision of the rules
   Before 30 September 2010 the Secretary-General of Parliament shall submit to the Bureau a report on the implementation of these rules. If appropriate, that report shall set out any proposed changes to be made to these rules and to the arrangements for funding European political parties as laid down by Regulation (EC) No 2004/2003.
   Article 16
   Entry into force
   These rules shall enter into force on the day of their adoption by the Bureau. They will be published in the Official Journal of the European Union and on the website of the European Parliament.

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

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 357, 31.12.2002, p. 1.

      (4)  OJ L 136, 31.5.1999, 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 affiliated organisations and subsidies to third parties

                                 6.

                                 Miscellaneous administrative costs

                        A.4:   Meetings and representation costs

                                 1.

                                 Costs of meetings of the political party

                                 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

                                 H.1

                                 Allocation of own resources to the specific reserve account (1)

                                 H.

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

                        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

                                 above 500 EUR

                                 4.2

                                 below 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.

                                 TOTAL REVENUE

                                 G.

                                 profit/loss (F-C)

            (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 affiliated organisations and subsidies to third parties

                                 6.

                                 Miscellaneous administrative costs

                        A.4:   Meetings and representation costs

                                 1.

                                 Costs of meetings of the political party

                                 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

                                 H.1

                                 Allocation of own resources to the specific reserve account (1)

                                 H.

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

                        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

                                 above 500 EUR

                                 4.2

                                 below 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.

                                 TOTAL REVENUE

                                 G.

                                 profit/loss (F-C)

            (1)  Not applicable to political foundations at European level


title: 2013/486/EU: Council Decision of 23 September 2013 on the signing, on behalf of the European Union, of the Voluntary Partnership Agreement between the European Union and the Republic of Indonesia on forest law enforcement, governance and trade in timber products to the European Union

text:
               8.10.2013

               EN

               Official Journal of the European Union

               L 265/1

         COUNCIL DECISION
   of 23 September 2013
   on the signing, on behalf of the European Union, of the Voluntary Partnership Agreement between the European Union and the Republic of Indonesia on forest law enforcement, governance and trade in timber products to the European Union
   (2013/486/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(3), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In May 2003 the Commission adopted a Communication to the European Parliament and to the Council entitled ‘Forest Law Enforcement, Governance and Trade (FLEGT): Proposal for an EU Action Plan’ which called for measures to address illegal logging by developing voluntary partnership agreements with timber-producing countries (hereinafter ‘EU Action Plan’). Council conclusions on the Action Plan were adopted in October 2003 (1) and European Parliament resolution on the subject was adopted on 11 July 2005 (2).

               (2)

               On 5 December 2005, the Council authorised the Commission to open negotiations on partnership agreements to implement the EU Action Plan.

               (3)

               Council Regulation (EC) No 2173/2005 (3) established a FLEGT licensing scheme for imports of timber into the Union from countries with which the Union has concluded voluntary partnership agreements.

               (4)

               The negotiations with the Republic of Indonesia have been completed and the Voluntary Partnership Agreement between the European Union and the Republic of Indonesia on forest law enforcement, governance and trade in timber products to the European Union (hereinafter referred to as ‘the Agreement’) was initialled on 4 May 2011.

               (5)

               The Agreement should be signed subject to its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Voluntary Partnership Agreement between the European Union and the Republic of Indonesia on forest law enforcement, governance and trade in timber products to the European Union is hereby authorised, subject to the conclusion of the said Agreement (4).
   Article 2
   The president of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union, subject to its conclusion.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 23 September 2013.

            For the Council

            The President

         V. JUKNA

      (1)  OJ C 268, 7.11.2003, p. 1.

      (2)  OJ C 157 E, 6.7.2006, p. 482.

      (3)  Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community (OJ L 347, 30.12.2005, p. 1).

      (4)  The text of the Agreement will be published together with the Decision on its conclusion.


title: Decision (EU) 2017/1731 of the European Parliament of 27 April 2017 on the closure of the accounts of the Bio-based Industries Joint Undertaking for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/340

         DECISION (EU) 2017/1731 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on the closure of the accounts of the Bio-based Industries Joint Undertaking for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Bio-based Industries Joint Undertaking for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the Bio-based Industries Joint Undertaking for the financial year 2015, together with the Joint Undertaking's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2015 (05875/2017 — C8-0088/2017),

               —

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

               —

               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), and in particular Article 209 thereof,

               —

               having regard to Council Regulation (EU) No 560/2014 of 6 May 2014 establishing the Bio-based Industries Joint Undertaking (4), and in particular Article 12 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5),

               —

               having regard to Rule 94 of and Annex IV to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A8-0103/2017),

               1.

               Approves the closure of the accounts of the Bio-based Industries Joint Undertaking for the financial year 2015;

               2.

               Instructs its President to forward this decision to the Executive Director of the Bio-based Industries Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 473, 16.12.2016, p. 7.

      (2)  OJ C 473, 16.12.2016, p. 8.

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

      (4)  OJ L 169, 7.6.2014, p. 130.

      (5)  OJ L 38, 7.2.2014, p. 2.