title: 2011/34/EU: Council Decision of 8 November 2010 on the signing, on behalf of the Union, and provisional application of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes#Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes

text:
               21.1.2011

               EN

               Official Journal of the European Union

               L 18/2

         COUNCIL DECISION
   of 8 November 2010
   on the signing, on behalf of the Union, and provisional application of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes
   (2011/34/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114, 168, 169 and 172, Article 173(3), and Articles 188 and 192, in conjunction with Article 218(5) and the first subparagraph of Article 218(8), thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 18 June 2007 the Council authorised the Commission to negotiate a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part (1), on a Framework Agreement on the general principles for its participation in Union programmes (hereinafter referred to as ‘the Protocol’).

               (2)

               The negotiations have been concluded to the satisfaction of the Commission.

               (3)

               As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

               (4)

               The Protocol should be signed on behalf of the Union, subject to its conclusion at a later date.

               (5)

               The Protocol should be applied on a provisional basis in accordance with Article 10 thereof, pending the completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and its Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes (hereinafter referred to as ‘the Protocol’) is hereby approved on behalf of the Union, subject to the conclusion of the said Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union, subject to its conclusion.
   Article 3
   The Protocol shall be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its conclusion.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 8 November 2010.

            For the Council

            The President

         M. WATHELET

      (1)  OJ L 49, 19.2.1998, p. 3.

      PROTOCOL
      to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes
      THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
      of the one part, and
      UKRAINE,
      of the other part,
      hereinafter together referred to as ‘the Parties’,
      Whereas:

                  (1)

                  Ukraine has concluded a Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part (1), (hereinafter referred to as ‘the Agreement’) which entered into force on 1 March 1998.

                  (2)

                  The European Council held in Brussel on 17 and 18 June 2004 welcomed the Commission’s proposals for a European Neighbourhood Policy (ENP) and endorsed the Council conclusions of 14 June 2004.

                  (3)

                  The Council has, on numerous further occasions, repeatedly concluded in favour of that policy.

                  (4)

                  The Council, on 5 March 2007, expressed support for the general and global approach outlined in the Commission’s Communication of 4 December 2006, to enable ENP partners to participate in Community agencies and Community programmes on their merits and where the legal bases so allow.

                  (5)

                  Ukraine has expressed its wish to participate in a number of Union programmes.

                  (6)

                  The specific terms and conditions, in particular financial contribution and reporting and evaluation procedures, regarding the participation of Ukraine in each particular programme should be determined in a Memorandum of Understanding between the Commission and the competent authorities of Ukraine,

            HAVE AGREED AS FOLLOWS:
      Article 1
      Ukraine shall be allowed to participate in all current and future programmes of the Union opened to the participation of Ukraine in accordance with the relevant provisions adopting those programmes.
      Article 2
      Ukraine shall contribute financially to the general budget of the Union corresponding to the specific programmes in which Ukraine participates.
      Article 3
      Ukraine’s representatives shall be allowed to take part, as observers and for the points which concern Ukraine, in the management committees responsible for monitoring the programmes to which Ukraine contributes financially.
      Article 4
      Projects and initiatives submitted by participants from Ukraine shall, as far as possible, be subject to the same conditions, rules and procedures pertaining to the programmes concerned as applied to Member States.
      Article 5
      The specific terms and conditions regarding the participation of Ukraine in each particular programme, in particular the financial contribution payable and reporting and evaluation procedures, shall be determined in a Memorandum of Understanding between the Commission and the competent authorities of Ukraine on the basis of the criteria established by the programmes concerned.
      If Ukraine applies for external assistance of the Union to participate in a given Union programme on the basis of Article 3 of Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument (2) or pursuant to any similar Regulation providing for external assistance of the Union to Ukraine that may be adopted in the future, the conditions governing the use by Ukraine of external assistance of the Union shall be determined in a financing agreement, respecting in particular Article 20 of Regulation (EC) No 1638/2006.
      Article 6
      In accordance with the 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), each Memorandum of Understanding concluded pursuant to Article 5 shall stipulate that financial control or audits or other verifications, including administrative investigations, will be carried out by, or under the authority of, the Commission, the European Anti-Fraud Office and the Court of Auditors.
      Detailed provisions shall be made on financial control and auditing, administrative measures, penalties and recovery enabling the Commission, the European Anti-Fraud Office and the Court of Auditors to be granted powers equivalent to their powers with regard to beneficiaries or contractors established in the Union.
      Article 7
      This Protocol shall apply for the period for which the Agreement is in force.
      This Protocol shall be signed and approved by the Parties in accordance with their respective procedures.
      Either Party may denounce this Protocol by written notification to the other Party. This Protocol shall terminate 6 months after the date of such notification.
      Termination of the Protocol following denunciation by any of the Parties shall have no influence on the checks and controls to be carried out in accordance with the provisions laid down in Articles 5 and 6 where appropriate.
      Article 8
      No later than 3 years after the date of entry into force of this Protocol, and every 3 years thereafter, both Parties may review the implementation of this Protocol on the basis of the actual participation of Ukraine in Union programmes.
      Article 9
      This Protocol shall apply, on the one hand, to the territories in which the Treaty on the Functioning of the European Union is applied and under the conditions laid down in that Treaty, and, on the other hand, to the territory of Ukraine.
      Article 10
      This Protocol shall enter into force on the first day of the month following the date on which the Parties notify each other through diplomatic channels of the completion of their procedures necessary for its entry into force.
      Pending its entry into force, the Parties agree to provisionally apply this Protocol from the date of its signature, pending its conclusion at a later date.
      Article 11
      This Protocol shall form an integral part of the Agreement.
      Article 12
      This Protocol shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Ukrainian languages, each text being equally authentic.

         Съставено в Брюксел на двадесет и втори ноември две хиляди и десета година.
         Hecho en Bruselas, el veintidós de noviembre de dos mil diez.
         V Bruselu dne dvacátého druhého listopadu dva tisíce deset.
         Udfærdiget i Bruxelles den toogtyvende november to tusind og ti.
         Geschehen zu Brüssel am zweiundzwanzigsten November zweitausendzehn.
         Kahe tuhande kümnenda aasta novembrikuu kahekümne teisel päeval Brüsselis.
         Έγινε στις Βρυξέλλες, στις είκοσι δύο Νοεμβρίου δύο χιλιάδες δέκα.
         Done at Brussels on the twenty-second day of November in the year two thousand and ten.
         Fait à Bruxelles, le vingt-deux novembre deux mille dix.
         Fatto a Bruxelles, addì ventidue novembre duemiladieci.
         Briselē, divi tūkstoši desmitā gada divdesmit otrajā novembrī
         Priimta du tūkstančiai dešimtų metų lapkričio dvidešimt antrą dieną Briuselyje.
         Kelt Brüsszelben, a kétezer-tizedik év november huszonkettedik napján.
         Magħmul fi Brussell, fit-tnejn u għoxrin jum ta’ Novembru tas-sena elfejn u għaxra.
         Gedaan te Brussel, de tweeëntwintigste november tweeduizend tien.
         Sporządzono w Brukseli dnia dwudziestego drugiego listopada roku dwa tysiące dziesiątego.
         Feito em Bruxelas, em vinte e dois de Novembro de dois mil e dez.
         Întocmit la Bruxelles la douăzeci și doi noiembrie două mii zece.
         V Bruseli dňa dvadsiateho druhého novembra dvetisícdesať.
         V Bruslju, dne dvaindvajsetega novembra leta dva tisoč deset.
         Tehty Brysselissä kahdentenakymmenentenätoisena päivänä marraskuuta vuonna kaksituhattakymmenen.
         Som skedde i Bryssel den tjugoandra november tjugohundratio.
         Вчинено в мiстi Брюссель двадцять другого листопада двi тисячi десятого року.

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

            За Украйна
            Por Ucrania
            Za Ukrajinu
            For Ukraine
            Für die Ukraine
            Ukraina nimel
            Για την Ουκρανία
            For Ukraìne
            Pour l'Ukraine
            Per l'Ucraina
            Ukrainas vārdā –
            Ukrainos vardu
            Ukrajna részéről
            Għall-Ukraina
            Voor Oekraïne
            W imieniu Ukrainy
            Pela Ucrânia
            Pentru Ucraina
            Za Ukrajinu
            Za Ukrajino
            Ukrainan puolesta
            För Ukraina
            За Украïнy

         (1)  OJ L 49, 19.2.1998, p. 3.

         (2)  OJ L 310, 9.11.2006, p. 1.

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


title: 2012/600/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2010#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 Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/288

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2010
   (2012/600/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States 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 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (3), and in particular Article 30 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 Civil Liberties, Justice and Home Affairs (A7-0133/2012),

               1.

               Grants the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union 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 Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, 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. 39.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 349, 25.11.2004, p. 1.

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

      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 Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2010
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2010,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States 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 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (3), and in particular Article 30 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 Civil Liberties, Justice and Home Affairs (A7-0133/2012),

                  A.

                  whereas the Court of Auditors has 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 Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders 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 improve the level of use of appropriations by putting in place appropriate instructions and procedures for the analysis of potential carry-forwards to be reduced to a minimum amount of appropriations carried forward,

                              —

                              was concerned that the Agency had to cancel appropriations of EUR 13 900 000 for 2009 and of EUR 13 000 000 for 2008,

                              —

                              called on the Agency to set out a comparison of the operations that were carried out during the year for which discharge is to be granted and in the previous financial year,

                  C.

                  whereas the overall budget of the Agency for the year 2010 was EUR 93 200 000, which is an increase of 4,95 % compared to the financial year 2009, whereas the initial contribution of the Union to the budget of the Agency for 2010 was EUR 83 000 000 compared to EUR 78 000 000 in 2009 (6), which represents an increase of 6,41 %,

         Budget and financial management

                  1.

                  Recalls that the initial Union contribution to the Agency for 2010 amounted to EUR 83 000 000; notes however that EUR 2 550 000, coming from the recovery of surplus, was added to this which, as a result, makes a total Union contribution of EUR 85 550 000 for 2010;

                  2.

                  Establishes from the definitive adoption of the Union’s general budget for the financial year 2010 that under Title I (Staff expenditure) and Title II (Administration), the Union’s appropriations for 2010 amounted to EUR 23 633 000 in terms of commitments and EUR 19 000 000 in terms of payments; notes also that under Title III (Operational expenditure) it amounted to EUR 59 367 000 in terms of commitments and EUR 38 000 000 in terms of payments;

                  3.

                  Acknowledges from its General Report that in 2010 the Agency used 95 % of its available budget of commitment appropriations and that the differences between the titles were limited, with Title I at 99 %, Title II at 80 %, and Title III at 97 %;

                  4.

                  Establishes from the Final Accounts that the level of payments of the 2010 budget improved from 61 % in 2009 to 69 % in 2010; moreover notes from the Agency that the payment levels for the 2010 operational budget reached 79 % compared with 65 % in 2009;

         Carry-over appropriations

                  5.

                  Is concerned that the Court of Auditors has reported carry-overs since 2006; notes in particular that for the year 2010 an amount of EUR 26 500 000, representing 28 % of the available budget, was carried forward to 2011 and that only EUR 12 000 000 of this amount was matched by accruals; calls on the Agency to submit information to the discharge authority at latest by 15 December 2012; takes note of the justifications given by the Agency, namely the need to ensure continuity in the Agency’s operational activities and to allocate funds for deployment in the first quarter of the following year; reiterates that the practice of carry-overs of appropriations should be strongly curtailed and should not hamper sound financial management practices; requests that the Agency follow the principle of annuality in the future;

                  6.

                  Points out once more that a high level of carry-overs and cancellations is indicative of the inability of the Agency to manage such a large increase in its budget; wonders whether it would not be more responsible for the budgetary authority to take greater care in the future when deciding on increases in the Agency’s budget in the light of the time needed to carry out new activities; calls on the Agency therefore to provide it with fuller details on the feasibility of future commitments;

                  7.

                  Is conscious that the permanent or long-time nature of the Agency’s joint operations makes it unavoidable that the execution of the corresponding commitments extends beyond the year-end; urges the Agency, nevertheless, to continue to decrease as much as possible the volume of appropriations carried forward by strengthening its monitoring of joint activities in order to adjust the grants as early as possible;

                  8.

                  Notes some action on the Agency’s revision of the so-called REM (running expenses of means) sheets in 2010 in order to improve the programming and monitoring;

         Accounting system

                  9.

                  Acknowledges the Court of Auditors’ observations of weaknesses in relation to the Agency’s accounting system; notes in fact that the system has still to be validated by the Accounting Officer, as required by the Financial Regulation; notes nevertheless the Agency’s reply which states that it started a Business Process Mapping project for financial processes in the beginning of 2011 and that the validation was supposed to be completed during the second half of 2011; calls therefore on the Court of Auditors to be reassured on this point;

                  10.

                  Notes the Court of Auditors’ observations of weaknesses in the system for reconciling suppliers’ statements with the corresponding records at the Agency; takes note of the Agency’s reply that most of the public entities do not have centralised accounting systems and some of them do not implement accrual-based accounting, making the process of vendor balances’ reconciliation difficult; notes the Agency’s commitment to make contact with the national authorities to try to implement alternative procedures with a view to reconciling its balances with those of its suppliers; calls on the Agency to regularly inform the discharge authority of the progress made with the national authorities to solve the issue;

                  11.

                  Asks that the Court of Auditors, in its report on the annual accounts of the Agency for the financial year 2011, assesses in greater detail the operations’ budget expenditure in relation to the objectives pursued by the Agency and its achievements;

         Public procurement and grants

                  12.

                  Acknowledges from the Final Accounts that the Agency has two ongoing litigation cases related to tender procedures and that the applicants have claimed damages for a total amount of EUR 10 794 806; urges the Agency to regularly inform the discharge authority of developments in these two cases;

                  13.

                  Sees from the Financial Accounts that the Agency concluded 751 grant agreements or Specific Financing Decisions with its partners, the total amount in co-financed activities being EUR 53 000 000;

                  14.

                  Notes, in addition, that out of the 751 grants, the Agency has not processed the final payment for 270 grants and that for 92 of those grants the Agency has paid the pre-financing amount of EUR 5 100 000;

         Grant management

                  15.

                  Calls on the Agency to carry out ex post controls in form of on-the-spot visits;

                  16.

                  Notes, nevertheless, that the Agency undertook a revision of the REM sheets, which are the basis for budget estimations and reimbursement claims;

         Human resources

                  17.

                  Establishes from the General Report that 74 recruitment procedures were carried out in 2010; notes that the recruitment procedures for four new posts from 2010 were ongoing and were expected to be completed in the first quarter of 2011, and that the total staff at the Agency at the end of 2010 was 294 members from a total approved Establishment Plan figure of 298;

         Performance

                  18.

                  Calls on the Agency to further develop coherence in the strategic and annual planning of its operations; notes, in fact, that the objectives of the Annual Work Programme (AWP) for 2010 are not clearly linked with those for 2010 in the Multi-Annual Plan 2010-2013; reminds the Agency that the absence of a clear link and consistency between the different planning documents might have a negative impact on the delivery of the strategic plan;

                  19.

                  Sees from its General Report that despite the fact that the Agency’s budget rose in 2010, the net allocated operational activities fell from EUR 48 200 000 to EUR 47 400 000 but the number of operational man hours rose by 27 % to 6 411;

                  20.

                  Welcomes the efforts of the Agency to improve its monitoring of the operations’ budget; acknowledges that the first Rapid Border Intervention Teams were deployed in November 2010 and that this resulted in significant changes to the Agency’s budget;

                  21.

                  Notes that discharge in respect of the implementation of the budget of the Agency should continue to be based on its performance throughout the year.

         Internal audit

                  22.

                  Acknowledges that in 2010 the Internal Audit Service (IAS) performed an audit on operational planning based on internal and external stakeholders’ input; notes in particular that the scope of this audit covered:

                              —

                              the coherence of strategic planning and annual planning of operations,

                              —

                              the adequacy of the process for the preparation of the operational planning with a special focus on the involvement of relevant stakeholders,

                              —

                              the adequacy of the process for the collection of feedback from operational activities and its use for the preparation of future planning,

                              —

                              the adequacy of the process to handle ad hoc requests by stakeholders concerning the operational planning;

                  23.

                  Calls in this respect on the Agency to ensure that all objectives in the Multi-Annual Plan are appropriately and clearly translated into the AWP;

                  24.

                  Welcomes the fact that the Agency, nevertheless, addresses in its operational plans the risks for each specific operation; notes in addition with pleasure that the Agency uses the lessons learned during the implementation of its operations to improve the preparation of subsequent operational plans;

                  25.

                  Acknowledges that the IAS still needs to review the Agency’s implementation of seven ‘very important’ recommendations from the IAS’s previous audits; notes in particular that these recommendations concern:

                              —

                              the 2009 audit on grant management, and notably the assessment of the need to request a certificate to process a payment request, the preparation of a policy on checks and controls, the legal agreement on operational plans with partners, and the description of the assessment criteria,

                              —

                              the 2008 follow-up audit on the Internal Control System, and notably the appropriate staffing to achieve its objectives,

                              —

                              the 2007 audit on the Internal Control System, and notably the revision of the registration procedure and the proper complete job description and communication to staff;

                  26.

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

                  27.

                  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. 39.

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

         (3)  OJ L 349, 25.11.2004, p. 1.

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

         (5)  OJ L 250, 27.9.2011, p. 224.

         (6)  OJ L 64, 12.3.2010, p. 1016.

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

      ANNEX

         EUROPEAN PARLIAMENT RECOMMENDATIONS OVER THE PAST YEARS

                  Frontex

                  2006

                  2007

                  2008

                  2009

                  Performance

                  n.a.

                  n.a.

                              —

                              Calls on the Agency to establish a link promptly between its work programme and its financial institution → The Agency adopted a multiannual plan for the period 2010-2013 despite the lack of provision for this in its basic regulation

                              —

                              Calls on the Agency to set out a diachronic analysis of operations carried out in this and the previous years

                              —

                              Calls on the Agency to establish a link between its work programme and its financial forecasts

                              —

                              Calls on the Agency to set out a comparison of the operations that were carried out during the year for which discharge is to be granted and in the previous financial year

                              —

                              Calls on the Agency to provide information on the impact of its operations and to inform the discharge authority thereof

                  Budgetary and financial management

                              —

                              Legal commitments were entered into before budgetary commitments

                              —

                              The budgetary principles of annuality and specification were not strictly observed: the rate of carry-over was more than 70 % overall and nearly 85 % for operating expenditure

                              —

                              Recurrent problems in the Agency’s commitment system: budgetary commitments were made after legal commitments (25 cases) and grant agreements with the partner countries were signed for actions already started or even closed

                              —

                              Weaknesses in the programming and monitoring of the Agency’s activities (70 % of the appropriations available were not spent; commitments carried over made on the basis of excessive costs estimations)

                              —

                              Calls on the Agency to exercise its function to the full and to continue improving its financial management

                              —

                              Calls on the Agency to improve its financial management with regard to reimbursement of costs contracted by Member States by identifying the roots of the problem

                              —

                              The Agency should introduce an effective system for scheduling and monitoring the contractual deadlines laid down; a risk assessment process for its activities; a system of differentiated appropriations in future budgets for making grants in order to remedy the high level of carry-overs and cancellations; the fact that legal commitments were entered into before the corresponding budgetary commitments; the fact that recruitment procedures depart from the rules (transparency — non-discriminatory procedures)

                              —

                              Urges the Agency to improve the level of use of appropriations by putting in place appropriate instructions and procedures for the analysis of potential carry-forwards to be reduced to a minimum volume of appropriations carried over

                              —

                              Concerned that the Agency had to cancel appropriations (EUR 13 900 000 for 2009, EUR 13 000 000 for 2008)

                              —

                              A high level of carry-overs and cancellations is indicative of the inability of the Agency to manage such a large increase in its budget, calls on the Agency therefore to provide it with fuller details on the feasibility of future commitments

                              —

                              Calls on the Agency to improve its grant management

                  Human resources

                  n.a.

                  n.a.

                              —

                              Issues in the recruitment procedures

                  n.a.

                  Internal audit

                  n.a.

                  n.a.

                  Calls on the Agency to fulfil four out of 23 recommendations made by the IAS: i.e. completing job descriptions and the setting of objectives for staff members, strengthening security, improving mail registration, strengthening the grant management process and ensuring compliance with the Financial Regulation

                              —

                              Acknowledges out of the 19 recommendations issued by IAS, six have been adequately and effectively implemented, 10 are in progress and three are completed but still need to be verified by the IAS


title: 2013/202/EU: Council Decision of 23 July 2012 on the signing, on behalf of the Union, and provisional application of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, on a Framework Agreement between the European Union and the Hashemite Kingdom of Jordan on the general principles for the participation of the Hashemite Kingdom of Jordan in Union programmes#Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, on a Framework Agreement between the European Union and the Hashemite Kingdom of Jordan on the general principles for the participation of the Hashemite Kingdom of Jordan in Union programmes

text:
               27.4.2013

               EN

               Official Journal of the European Union

               L 117/1

         COUNCIL DECISION
   of 23 July 2012
   on the signing, on behalf of the Union, and provisional application of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, on a Framework Agreement between the European Union and the Hashemite Kingdom of Jordan on the general principles for the participation of the Hashemite Kingdom of Jordan in Union programmes
   (2013/202/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 217, in conjunction with Article 218(5) and the first subparagraph of Article 218(8) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 18 June 2007 the Council authorised the Commission to negotiate a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (1), on a Framework Agreement between the European Union and the Hashemite Kingdom of Jordan on the general principles for the participation of the Hashemite Kingdom of Jordan in Union programmes (‘the Protocol’).

               (2)

               The negotiations have been concluded.

               (3)

               The Protocol should be signed on behalf of the Union, subject to its conclusion.

               (4)

               The Protocol should be applied on a provisional basis in accordance with Article 10 thereof, pending the completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, on a Framework Agreement between the European Union and the Hashemite Kingdom of Jordan on the general principles for the participation of the Hashemite Kingdom of Jordan in Union programmes (‘the Protocol’) is hereby authorised on behalf of the Union, subject to its conclusion.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union.
   Article 3
   The Protocol shall be applied on a provisional basis as from the date of its signature (2), pending the completion of the procedures for its conclusion.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 23 July 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 129, 15.5.2002, p. 3.

      (2)  The date from which the Protocol will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      PROTOCOL
      to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, on a Framework Agreement between the European Union and the Hashemite Kingdom of Jordan on the general principles for the participation of the Hashemite Kingdom of Jordan in Union programmes
      THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
      of the one part, and
      THE HASHEMITE KINGDOM OF JORDAN, hereinafter referred to as ‘Jordan’,
      of the other part,
      hereinafter referred to as ‘the Parties’,
      WHEREAS:

                  (1)

                  The Hashemite Kingdom of Jordan has concluded a Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (1) (hereinafter referred to as ‘the Agreement’), which entered into force on 1 May 2002.

                  (2)

                  The Brussels European Council of 17 and 18 June 2004 welcomed the European Commission’s proposals for a European Neighbourhood Policy (ENP) and endorsed the Council conclusions of 14 June 2004.

                  (3)

                  The Council has, on numerous further occasions, repeatedly concluded in favour of this policy.

                  (4)

                  The Council, on 5 March 2007, expressed support for the general and global approach outlined in the European Commission’s Communication of 4 December 2006 to enable European Neighbourhood Policy partners to participate in Community agencies and Community programmes on their merits and where the legal bases so allow.

                  (5)

                  Jordan has expressed its wish to participate in a number of Union programmes.

                  (6)

                  The specific terms and conditions, in particular, the financial contribution and reporting and evaluation procedures, regarding the participation of Jordan in each particular programme should be determined in a Memorandum of Understanding between the European Commission and the competent authorities of Jordan,

            HAVE AGREED AS FOLLOWS:
      Article 1
      Jordan shall be allowed to participate in all current and future programmes of the Union open to the participation of the Hashemite Kingdom of Jordan in accordance with the relevant provisions adopting these programmes.
      Article 2
      Jordan shall contribute financially to the general budget of the European Union corresponding to the specific programmes in which Jordan participates.
      Article 3
      The representatives of Jordan shall be allowed to take part, as observers and for the points which concern Jordan, in the management committees responsible for monitoring the programmes to which Jordan contributes financially.
      Article 4
      Projects and initiatives submitted by participants from Jordan shall, as far as possible, be subject to the same conditions, rules and procedures pertaining to the programmes concerned as applied to Member States.
      Article 5
      The specific terms and conditions regarding the participation of Jordan in each particular programme, in particular the financial contribution payable and reporting and evaluation procedures, shall be determined in a Memorandum of Understanding between the Commission and the competent authorities of Jordan on the basis of the criteria established by the programmes concerned.
      If Jordan applies for external assistance of the Union to participate in a given Union programme on the basis of Article 3 of Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument (2) or pursuant to any similar Regulation providing for external assistance of the Union to Jordan that may be adopted in the future, the conditions governing the use by Jordan of external assistance of the Union shall be determined in a financing agreement, respecting in particular Article 20 of Regulation (EC) No 1638/2006.
      Article 6
      Each Memorandum of Understanding concluded pursuant to Article 5 shall stipulate, in accordance with 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), that financial control or audits or other verifications, including administrative investigations will be carried out by, or under the authority of, the European Commission, the European Anti-Fraud Office and the Court of Auditors.
      Detailed provisions shall be made on financial control and auditing, administrative measures, penalties and recovery enabling the European Commission, the European Anti-Fraud Office, and the Court of Auditors to be granted powers equivalent to their powers with regard to beneficiaries or contractors established in the Union.
      Article 7
      This Protocol shall apply for the period for which the Agreement is in force.
      This Protocol shall be signed and approved by the Parties in accordance with their respective procedures.
      Either Party may denounce this Protocol by written notification to the other Contracting Party. This Protocol shall terminate six months after the date of such notification.
      Termination of this Protocol following denunciation by any of the Parties shall have no influence on the checks and controls to be carried out under the provisions laid down in Articles 5 and 6 where appropriate.
      Article 8
      No later than three years after the date of entry into force of this Protocol, and every three years thereafter, both Parties may review the implementation of this Protocol on the basis of the actual participation of Jordan in Union programmes.
      Article 9
      This Protocol shall apply, on the one hand, to the territories in which the Treaty on the Functioning of the European Union applies and under the conditions laid down in this Treaty, and, on the other hand, to the territory of Jordan.
      Article 10
      This Protocol shall enter into force on the first day of the month following the date on which the Parties notify each other through diplomatic channels of the completion of their procedures necessary for its entry into force.
      Pending its entry into force, the Parties agree to provisionally apply this Protocol from the date of its signature.
      Article 11
      This Protocol shall form an integral part of the Agreement.
      Article 12
      This Protocol shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Arabic languages, each of these texts being equally authentic.

         Съставено в Брюксел на деветнадесети декември две хиляди и дванадесета година.
         Hecho en Bruselas, el diecinueve de diciembre de dos mil doce.
         V Bruselu dne devatenáctého prosince dva tisíce dvanáct.
         Udfærdiget i Bruxelles den nittende december to tusind og tolv.
         Geschehen zu Brüssel am neunzehnten Dezember zweitausendzwölf.
         Kahe tuhande kaheteistkümnenda aasta detsembrikuu üheksateistkümnendal päeval Brüsselis.
         Έγινε στις Βρυξέλλες, στις δεκαεννέα Δεκεμβρίου δύο χιλιάδες δώδεκα.
         Done at Brussels on the nineteenth day of December in the year two thousand and twelve.
         Fait à Bruxelles, le dix-neuf décembre deux mille douze.
         Fatto a Bruxelles, addì diciannove dicembre duemiladodici.
         Briselē, divi tūkstoši divpadsmitā gada deviņpadsmitajā decembrī.
         Priimta du tūkstančiai dvyliktų metų gruodžio devynioliktą dieną Briuselyje.
         Kelt Brüsszelben, a kétezer-tizenkettedik év december havának tizenkilencedik napján.
         Magħmul fi Brussell, fid-dsatax-il jum ta’ Diċembru tas-sena elfejn u tnax.
         Gedaan te Brussel, de negentiende december tweeduizend twaalf.
         Sporządzono w Brukseli dnia dziewiętnastego grudnia roku dwa tysiące dwunastego.
         Feito em Bruxelas, em dezanove de dezembro de dois mil e doze.
         Întocmit la Bruxelles la nouăsprezece decembrie două mii doisprezece.
         V Bruseli devätnásteho decembra dvetisícdvanásť.
         V Bruslju, dne devetnajstega decembra leta dva tisoč dvanajst.
         Tehty Brysselissä yhdeksäntenätoista päivänä joulukuuta vuonna kaksituhattakaksitoista.
         Som skedde i Bryssel den nittonde december tjugohundratolv.

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

            За Хашемитското кралство Йордания
            Por el Reino Hachemita de Jordania
            Za Jordánské hášimovské království
            For Det Hashemitiske Kongerige Jordan
            Für das Haschemitische Königreich Jordanien
            Jordaania Hašimiidi Kuningriigi nimel
            Για το Χασεμιτικό Βασίλειο της Ιορδανίας
            For the Hashemite Kingdom of Jordan
            Pour le Royaume hachémite de Jordanie
            Per il Regno hascemita di Giordania
            Jordānijas Hāšimītu Karalistes vārdā –
            Jordanijos Hašimitų Karalystės vardu
            A Jordán Hásimita Királyság részéről
            Għar-Renju Ħaxemita tal-Ġordan
            Voor het Hasjemitisch Koninkrijk Jordanië
            W imieniu Jordańskiego Królestwa Haszymidzkiego
            Pelo Reino Hachemita da Jordânia
            Pentru Regatul Hașemit al Iordaniei
            Za Jordánske hášimovské kráľovstvo
            Za Hašemitsko kraljevino Jordanijo
            Jordanian hašemiittisen kuningaskunnan puolesta
            För Hashemitiska konungariket Jordanien

         (1)  OJ L 129, 15.5.2002, p. 3.

         (2)  OJ L 310, 9.11.2006, p. 1.

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


title: 2011/157/EU: Council Decision of 24 February 2011 on the conclusion of the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of diplomatic, service or official passports#Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of diplomatic, service or official passports

text:
               12.3.2011

               EN

               Official Journal of the European Union

               L 66/1

         COUNCIL DECISION
   of 24 February 2011
   on the conclusion of the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of diplomatic, service or official passports
   (2011/157/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(a) in conjunction with Article 218(6)(a)(v) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Commission has negotiated on behalf of the European Union an Agreement with the Federative Republic of Brazil on short-stay visa waiver for holders of diplomatic, service or official passports.

               (2)

               That Agreement was signed, on behalf of the European Union, on 8 November 2010 subject to its conclusion at a later date, in accordance with Council Decision 2010/621/EU (1).

               (3)

               This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (2); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (4)

               This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (3), Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of diplomatic, service or official passports (‘the Agreement’) is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall give the notification provided for in Article 8(1) of the Agreement (4).
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 24 February 2011.

            For the Council

            The President

         PINTÉR S.

      (1)  OJ L 273, 19.10.2010, p. 2.

      (2)  OJ L 131, 1.6.2000, p. 43.

      (3)  OJ L 64, 7.3.2002, p. 20.

      (4)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      AGREEMENT
      between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of diplomatic, service or official passports
      THE EUROPEAN UNION, hereinafter referred to as ‘the Union’
      and
      THE FEDERATIVE REPUBLIC OF BRAZIL, hereinafter referred to as ‘Brazil’
      hereinafter referred to together as the Contracting Parties;
      DESIRING to safeguard the principle of reciprocity and to facilitate travel by ensuring visa free entry and short stay for the citizens of all Member States of the European Union and for the nationals of Brazil who are holders of valid diplomatic, official or service passports;
      REITERATING their commitment to ensure reciprocal visa-free travel swiftly, fully respecting the completion of the respective parliamentary and other internal procedures;
      WITH A VIEW to further developing friendly relations and continuing to strengthen close ties between the Contracting Parties;
      TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland and the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union and confirming that the provisions of this agreement do not apply to the United Kingdom and Ireland,
      HAVE AGREED AS FOLLOWS:
      Article 1
      Purpose and scope
      Citizens of the Union and citizens of Brazil, holders of a valid diplomatic, service or official passport, are allowed to enter, transit through and stay without a visa in the territory of the other Contracting Party for a maximum period of stay of three months during a six months period in accordance with the provisions of this Agreement.
      Article 2
      Definitions
      For the purpose of this Agreement:

                  (a)

                  ‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland;

                  (b)

                  ‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a);

                  (c)

                  ‘a national of Brazil’ shall mean any person who holds the Brazilian nationality;

                  (d)

                  ‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full;

                  (e)

                  Schengen acquis shall mean all measures aimed at ensuring the free movement of persons in an area without internal borders, in conjunction with directly related flanking measures with respect to external border controls, asylum and immigration and measures to prevent and combat crime.

            Article 3
      Conditions of visa waiver and stay
      1.   The visa waiver provided by this Agreement shall apply without prejudice to the laws of the Contracting Parties relating to the conditions of entry and short stay. The Member States and Brazil reserve the right to refuse entry into and short stay in their territories if one or more of these conditions are not met.
      2.   The citizens of the Union benefiting from this Agreement shall comply with the laws and regulations in force in the territory of Brazil during their stay.
      3.   The nationals of Brazil benefiting from this Agreement shall comply with the laws and regulations in force in the territory of each Member State during their stay.
      4.   The visa waiver applies regardless of the mode of transport used to cross the borders open to international passenger traffic of the Contracting Parties.
      5.   Without prejudice to Article 6, visa issues not covered by this Agreement shall be governed by Union law, the national law of the Member States and by the national law of Brazil.
      Article 4
      Duration of stay
      1.   The citizens of the Union holding a valid diplomatic, official or service passport may stay in the territory of Brazil for a maximum period of three months during a six months period following the date of first entry into the territory of the country.
      2.   The citizens of Brazil holding a valid diplomatic, official or service passport may stay in the Schengen area for a maximum period of three months during a six months period following the date of first entry into the territory of any Member State fully applying the Schengen acquis. This period of three months during a period of six months shall be calculated independently of any stay in a Member State which does not yet apply the Schengen acquis in full.
      The citizens of Brazil holding a valid diplomatic, official or service passport may stay for a maximum period of three months during a six months period following the date of first entry in the territory of each of the Member States that do not yet apply the Schengen acquis in full, independently of the period of stay calculated for the Schengen area.
      3.   This Agreement does not affect the possibility for Brazil and the Member States to extend the period of stay beyond three months in accordance with national law and Union law.
      Article 5
      Management of the Agreement
      1.   The Contracting Parties shall make use of the Committee of Experts (hereinafter referred to as the ‘Committee’) mentioned in the Agreement between the European Union and the Federative Republic of Brazil on the short-stay visa waiver for holders of ordinary passports to settle disputes arising from the interpretation or application of the provisions of this Agreement.
      2.   The Committee shall be convened, whenever necessary, at the request of one of the Contracting Parties.
      Article 6
      Relation between this Agreement and existing bilateral visa waiver agreements between the Member States and Brazil
      This Agreement shall take precedence over the provisions of any bilateral agreements or arrangements concluded between individual Member States and Brazil, in so far as their provisions cover issues falling within the scope of this Agreement.
      Article 7
      Exchange of specimens of passports
      1.   If they have not done so already, Brazil and the Member States shall exchange, through diplomatic channels, specimens of their valid diplomatic, official or service passports no later than thirty (30) days after the date of signature of this Agreement.
      2.   In case of introduction of new diplomatic, official or service passports or modification of the existing ones, the Parties shall convey to each other, through diplomatic channels, specimens of these new or modified passports, accompanied by detailed information on their specifications and applicability, not later than thirty (30) days prior to its application.
      Article 8
      Final provisions
      1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to above have been completed.
      2.   This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 5.
      3.   This Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force after the Contracting Parties have notified each other of the completion of their internal procedures necessary for this purpose.
      4.   Each Contracting Party may suspend in whole or in part this Agreement. The decision on suspension shall be notified to the other Contracting Party not later than 2 months before its entry into force. The Contracting Party that has suspended the application of this Agreement shall immediately inform the other Contracting Party once the reasons for suspension no longer exist.
      5.   Each Contracting Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days after the date of such notification.
      6.   Brazil may suspend or terminate this Agreement only in respect of all the Member States of the Union.
      7.   The Union may suspend or terminate this Agreement only in respect of all of its Member States.

         Done at Brussels, in duplicate each in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.
         Съставено в Брюксел на осми ноември две хиляди и десета година.
         Hecho en Bruselas, el ocho de noviembre de dos mil diez.
         V Bruselu dne osmého listopadu dva tisíce deset.
         Udfærdiget i Bruxelles den ottende november to tusind og ti.
         Geschehen zu Brüssel am achten November zweitausendzehn.
         Kahe tuhande kümnenda aasta novembrikuu kaheksandal päeval Brüsselis.
         'Εγινε στις Βρυξέλλες, στις οκτώ Νοεμβρίου δύο χιλιάδες δέκα.
         Done at Brussels on the eighth day of November in the year two thousand and ten.
         Fait à Bruxelles, le huit novembre deux mille dix.
         Fatto a Bruxelles, addì otto novembre duemiladieci.
         Briselē, divi tūkstoši desmitā gada astotajā novembrī.
         Priimta du tūkstančiai dešimtų metų lapkričio aštuntą dieną Briuselyje.
         Kelt Brüsszelben, a kétezer-tizedik év november havának nyolcadik napján.
         Magħmul fi Brussell, fit-tmien jum ta' Novembru tas-sena elfejn u għaxra.
         Gedaan te Brussel, de achtste november tweeduizend tien.
         Sporządzono w Brukseli dnia ósmego listopada roku dwa tysiące dziesiątego.
         Feito em Bruxelas, em oito de Novembro de dois mil e dez.
         Întocmit la Bruxelles la opt noiembrie două mii zece.
         V Bruseli ôsmeho novembra dvetisícdesať.
         V Bruslju, dne osmega novembra leta dva tisoč deset.
         Tehty Brysselissä kahdeksantena päivänä marraskuuta vuonna kaksituhattakymmenen.
         Som skedde i Bryssel den åttonde november tjugohundratio.

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

            За Федеративна република Бразилия
            Por la República Federativa de Brasil
            Za Brazilskou Federativní republiku
            For Den Føderative Republik Brasilien
            Für die Föderative Republik Brasilien
            Brasiilia Liitvabariigi nimel
            Για την Ομοσπονδιακή Δημοκρατία της Βραζιλίας
            For the Federative Republic of Brazil
            Pour la République fédérative du Brésil
            Per la Repubblica federativa del Brasile
            Brazīlijas Federatīvās Republikas vārdā –
            Brazilijos Federacinės Respublikos vardu
            A Brazil Szövetségi Köztársaság részéről
            Għar-Repubblika Federattiva tal-Brażil
            Voor de Federale Republiek Brazilië
            W imieniu Federacyjnej Republiki Brazylii
            Pela República Federativa do Brasil
            Pentru Republica Federativă a Braziliei
            Za Brazílsku federatívnu republiku
            Za Federativno republiko Brazilijo
            Brasilian liittotasavallan puolesta
            För Förbundsrepubliken Brasilien


title: 2013/546/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the European Union general budget for the financial year 2011, Section V — Court of Auditors#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of the Decision on discharge for implementation of the European Union general budget for the financial year 2011, Section V — Court of Auditors

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/122

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the European Union general budget for the financial year 2011, Section V — Court of Auditors
   (2013/546/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2011 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012) 436 – C7-0228/2012) (2),

               —

               having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2011, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) 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 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 314(10) and Articles 317, 318 and 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 (5), and in particular Articles 50, 86, 145, 146 and 147 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 (6), and in particular Articles 164, 165 and 166 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 (A7-0092/2013),

               1.

               Grants the Secretary-General of the Court of Auditors discharge in respect of the implementation of the Court of Auditors’ budget for the financial year 2011;

               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 Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, 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 L 68, 15.3.2011.

      (2)  OJ C 348, 14.11.2012, p. 1.

      (3)  OJ C 344, 12.11.2012, p. 1.

      (4)  OJ C 348, 14.11.2012, p. 130.

      (5)  OJ L 248, 16.9.2002, p. 1.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 17 April 2013
      with observations forming an integral part of the Decision on discharge for implementation of the European Union general budget for the financial year 2011, Section V — Court of Auditors
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the European Union general budget for the financial year 2011 (1),

                  —

                  having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012) 436 – C7-0228/2012) (2),

                  —

                  having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2011, together with the institutions’ replies (3),

                  —

                  having regard to the statement of assurance (4) 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 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Article 314(10) and Articles 317, 318 and 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 (5), and in particular Articles 50, 86, 145, 146 and 147 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 (6), and in particular Articles 164, 165 and 166 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 (A7-0092/2013),

                  1.

                  Notes that the Court of Auditors’ annual accounts are audited by an independent external auditor — PricewaterhouseCoopers SARL — in order to apply the same principles of transparency and accountability that it applies to its auditees; takes note of the auditor’s opinion that ‘the financial statement gives a true and fair view of the financial position of the Court’;

                  2.

                  Emphasises that in 2011, the Court of Auditors’ commitment appropriations amounted to a total of EUR 134 337 000 (EUR 148 600 000 in 2010) and the implementation rate for those appropriations was 93 % last year; notes that the Court of Auditors’ budget is purely administrative;

                  3.

                  Encourages the Court of Auditors to continue to assess the quality and impact of its work; calls for special attention to be given to the external experts’ reviews of the content and presentation of the Court of Auditors’ reports; notes that the external experts’ satisfaction rate decreased in 2011 and asks the Court of Auditors to explain why this is happening;

                  4.

                  Congratulates the Court of Auditors’ improvement of its financial management, in particular through the introduction of systematic monitoring of the implementation of recommendations by auditees; considers the rate achieved a very positive result and would like to know the average time between the delivery of those evaluations and receipt of replies from auditees;

                  5.

                  Reminds the Court of Auditors of the need to comply with time plans, even where there is no deadline, as is the case with the Court of Auditors’ Special Reports; considers that the compliance rate of timely adopted reports needs to be improved;

                  6.

                  Calls on the Court of Auditors to provide a timeline providing information on the individual stages of a report (from initial groundwork to publication) in each of its special reports;

                  7.

                  Agrees with the importance given by the Court of Auditors to the statement of preliminary findings; calls on the Court of Auditors, for that reason, to take effective measures to advance the percentage of statements issued within two months;

                  8.

                  Welcomes the reinforcement of audit posts in 2011, compared to the number of staff in other services; commends the Court of Auditors’ continued engagement in finding efficiency gains in the support services; regrets, however, that the number of vacant audit posts in the end of 2011 was still high (25 vacant posts), even if significantly fewer that the previous year (44 in 2010); calls on the Court of Auditors to speed up the recruitment of new staff for the vacant audit posts;

                  9.

                  Points to the considerable geographical imbalance as regards director posts: four nationals from the United Kingdom and one national from France, Spain, Belgium, Denmark, Greece, Ireland and Italy;

                  10.

                  Finds the gender balance at the level of Directors and Heads of Units still very unbalanced (72 % male and 28 % female); notes with satisfaction that the proportion of women at AD level is increasing; points out, however, the importance of geographical balance at all levels of staff; requests that the Court of Auditors also provide a breakdown by nationality;

                  11.

                  Calls on the Court of Auditors to maintain the best possible working environment for its staff and its Members in the future; encourages the Court of Auditors to examine what lessons can be learned from the recently revealed harassment case and whether the procedure applied during the investigation by the Court of Auditors was fully in line with its Rules of Procedure;

                  12.

                  Calls for preventive measures to safeguard against workplace harassment and for details of all measures taken in respect of staff in the private offices of Members of the Court of Auditors;

                  13.

                  Congratulates the Court of Auditors for the highly efficient performance of its Translation Directorate and for the conclusion of the K3 building on schedule and within budget;

                  14.

                  Calls for information as to why the Court of Auditors’ new ‘Assist’ IT system has not been implemented and what problems there have been; calls for a breakdown of the costs which have arisen to date, and of likely costs in the future, and for information as to when the programme is likely to be introduced;

                  15.

                  Notes that the Court of Auditors made a total of 379 audit visits in 2011, 343 to Member States and 36 to third countries; calls on the Court of Auditors to increase both the number and effectiveness of on-site audit visits;

                  16.

                  Takes note that in 2011, the Court of Auditors reported a total of seven cases of suspected fraud arising from its audit work to the European Anti-Fraud Office (OLAF); notes that OLAF decided to open an enquiry in two of those cases and those enquiries are still ongoing; calls on the Court of Auditors to clarify whether the number of cases referred to OLAF and the percentage of those that are investigated reflect the actual level of corruption in relation to the use of Union funds and, if not, what it proposes to do to increase both these figures;

                  17.

                  Notes, furthermore, that in 2011 the Court of Auditors referred 17 cases of possible suspected fraud to OLAF arising from denunciation letters received by the Court of Auditors; supports the Court of Auditors’ continuous close cooperation with OLAF, and urges the Court of Auditors to assess whether – and, if so, how – this number can be increased in relation to the overall image, action and effectiveness of the Court of Auditors in this sector;

                  18.

                  Welcomes the cooperation between the Court of Auditors and Parliament’s Committee on Budgetary Control, the clear follow up of the discharge resolution from the previous year and the regular feedback from Parliament’s demands;

                  19.

                  Takes note of the follow-up exercise made by the internal audit service which identified progress with the internal controls already in place and efforts made by the audited services to implement the agreed action plans; asks to be informed of the measures implemented and the results achieved by those services;

                  20.

                  Welcomes the publication of Special Report No 19/2012 on the follow-up of the Court of Auditors’ Special Reports;

                  21.

                  Expects to receive the summary of the main conclusions arising from the monitoring of the internal audit service ex-post verifications and the impact results that those changes had on the Court of Auditors’ internal control in the 2012 annual activity report;

                  22.

                  Acknowledges that the mid-term review of the Court of Auditors’ Outline Strategy for 2009 to 2013 concluded that the key processes are monitored and the progresses made to date are accurately reported;

                  23.

                  Awaits with interest the second peer review that the Court of Auditors is launching in 2013, focusing particularly on the practice of performance audit at the Court of Auditors; requests information about the implementation of the conclusions of the first introductory peer review in 2012;

                  24.

                  Agrees with the internal audit service recommendations to create a new set of key performance indicators to measure the implementation of that strategy.

         (1)  OJ L 68, 15.3.2011.

         (2)  OJ C 348, 14.11.2012, p. 1.

         (3)  OJ C 344, 12.11.2012, p. 1.

         (4)  OJ C 348, 14.11.2012, p. 130.

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

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


title: 2011/606/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the European GNSS Supervisory Authority for the financial year 2009#Resolution of the European Parliament of 10 May 2011 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget for the European GNSS Supervisory Authority for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/232

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the European GNSS Supervisory Authority for the financial year 2009
   (2011/606/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European GNSS Supervisory Authority for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European GNSS Supervisory Authority for the financial year 2009, together with the Authority’s replies (1),

               —

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

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radio-navigation programmes (3), and in particular Article 12 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 (A7-0103/2011),

               1.

               Grants the Executive Director of the European GNSS Supervisory Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European GNSS Agency (formerly the European GNSS Supervisory Authority), the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 114.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 246, 20.7.2004, p. 1.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2011
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget for the European GNSS Supervisory Authority for the financial year 2009
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European GNSS Supervisory Authority for the financial year 2009,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European GNSS Supervisory Authority for the financial year 2009, together with the Authority’s replies (1),

                  —

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

                  —

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

                  —

                  having regard to the 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 Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radio-navigation programmes (3), and in particular Article 12 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 (A7-0103/2011),

                  A.

                  whereas the European GNSS Supervisory Authority 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 Authority for the financial year 2007 and points out that the entire architecture of the Galileo project was being revised in 2007 and that the Authority’s accounts were prepared in a fragile legal environment,

                  C.

                  whereas 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,

                  D.

                  whereas on 5 May 2010 Parliament granted the Executive Director of the Authority discharge for implementation of the Authority’s budget for the financial year 2008 (5), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              regretted 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,

                              —

                              was concerned that, although under Regulation (EC) No 683/2008 (6) the Commission became responsible, from 1 January 2009, for fund management and implementation of the European satellite navigation programmes (EGNOS and Galileo), neither activities nor any assets had been transferred to the Commission by the end of 2008, and that the new distribution of responsibilities between the Commission and the Authority was not clearly reflected in their respective annual accounts,

                  E.

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

                  F.

                  whereas the budget of the Authority for the year 2009 was EUR 44 400 000, which is a decrease of 64 % from the financial year 2008,

         Budgetary and financial management

                  1.

                  Welcomes the fact that, following the entry into force of Regulation (EC) No 683/2008, most of the activities and assets related to the EGNOS and Galileo programmes were transferred to the Commission in December 2009; notes that the remaining part of the activities and assets had to be transferred in 2010;

                  2.

                  Acknowledges the statement from the Court of Auditors that for the ‘Framework Programme 7/Galileo/Call 1’ grants procedure (EUR 17 500 000) the exclusion criteria were not published and checked and, as regards the eligibility criteria, 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 met;

                  3.

                  Notes also that 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

                  4.

                  Regrets the deficiencies in staff selection procedures which put at risk the transparency of these procedures; acknowledges, in fact, that the Court of Auditors reported that with regard to the four staff selection procedures audited, no evidence existed that the weightings of the selection criteria and the thresholds that candidates had to meet in order to be invited to the written tests and interviews were established before the evaluation process began and no evidence existed that the questions for the written tests and interviews were defined prior to drawing up the shortlist of candidates; calls therefore on the Authority to remedy the situation by improving its selection procedures;

                  5.

                  Stresses also 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; acknowledges, in fact, from the Court of Auditors that in one recruitment procedure audited, one candidate was considered eligible even though it had been clearly established from the beginning of the procedure that he did not meet the selection criteria but was an internal candidate;

         Internal audit

                  6.

                  Acknowledges that the Internal Audit Service (IAS) conducted its internal audit in November 2007 and its follow-up audits in October 2008 and December 2009; notes that the two remaining important IAS recommendations yet to be implemented relate to sensitive posts and job descriptions;

                  7.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (7) on the performance, financial management and control of the agencies.

         (1)  OJ C 338, 14.12.2010, p. 114.

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

         (3)  OJ L 246, 20.7.2004, p. 1.

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

         (5)  OJ L 252, 25.9.2010, p. 218.

         (6)  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) (OJ L 196, 24.7.2008, p. 1).

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