title: 2011/209/EU: Council Decision of 28 February 2011 on the signing, on behalf of the Union, and provisional application of the Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union#Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union

text:
               5.4.2011

               EN

               Official Journal of the European Union

               L 89/1

         COUNCIL DECISION
   of 28 February 2011
   on the signing, on behalf of the Union, and provisional application of the Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union
   (2011/209/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Commission has negotiated on behalf of the Union a Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union (hereinafter the ‘Memorandum’) in civil aviation research and development and Annex 1 thereto on SESAR-NEXTGEN cooperation for global interoperability, in accordance with the Council Decision of 9 October 2009 authorising the Commission to open negotiations.

               (2)

               The Memorandum and Annex 1 were initialled on 18 June 2010.

               (3)

               The Memorandum and Annex 1 should be signed and applied provisionally, pending the completion of the procedures for the conclusion of the Memorandum.

               (4)

               It is necessary to lay down procedural arrangements for the participation of the Union in the Joint Committee established by the Memorandum, the resolution of disagreements and the termination of Annexes and Appendices to the Memorandum,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union and its Annex 1 is hereby approved on behalf of the Union, subject to the conclusion of the Memorandum.
   The texts of the Memorandum and Annex 1 are attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Memorandum and its Annex 1 on behalf of the Union.
   Article 3
   Pending its entry into force, the Memorandum shall be applied on a provisional basis by the Union from the date of its signature.
   Article 4
   1.   The Union shall be represented in the Joint Committee established under Article III of the Memorandum by the Commission, assisted by representatives of the Member States.
   2.   The Commission, after consultation with the Special Committee appointed by the Council, shall determine the position to be taken by the Union in the Joint Committee, including with respect to:

               (a)

               the adoption of additional Annexes to the Memorandum and Appendices thereto;

               (b)

               the adoption of amendments to Annexes to the Memorandum and Appendices thereto.

         Article 5
   The Commission may take any appropriate action under Articles IIB, IV, V, VII and VIII of the Memorandum.
   Article 6
   The Commission shall represent the Union in consultations under Article XI of the Memorandum.
   Article 7
   The Commission shall regularly inform the Council of the implementation of the Memorandum.

      Done at Brussels, 28 February 2011.

            For the Council

            The President

         FELLEGI T.

      MEMORANDUM OF COOPERATION
      NAT-I-9406 between the United States of America and the European Union

      WHEREAS the United States of America and the European Union have as a common purpose the promotion and development of cooperation in civil aviation research and development; and
      WHEREAS such cooperation will encourage the development and safety of civil aeronautics in the United States of America and the European Union;
      NOW THEREFORE, the United States of America and the European Union (collectively, the ‘Parties,’ and individually, a ‘Party’) agree to undertake joint programs in accordance with the following terms and conditions:

         Article I

         Objective

                  A.

                  This Memorandum of Cooperation, including its Annexes and Appendices (the ‘Memorandum’), establishes the terms and conditions for mutual cooperation in the promotion and development of civil aviation research and development. For this purpose the Parties may, subject to the availability of appropriated funds and other necessary resources, provide personnel, resources, and related services to cooperate to the extent called for in the Annexes and Appendices to this Memorandum.

                  B.

                  The objectives of this Memorandum may be achieved by cooperation in any of the following areas:

                              1.

                              the exchange of information regarding programs and projects, research results, or publications;

                              2.

                              the execution of joint analyses;

                              3.

                              the coordination of research and development programs and projects, and their execution based on shared effort;

                              4.

                              the exchange of scientific and technical staff;

                              5.

                              the exchange of specific equipment, software, and systems for research activities and compatibility studies;

                              6.

                              the joint organisation of symposia or conferences; and

                              7.

                              reciprocal consultations with the aim of establishing concerted action in appropriate international bodies.

                  C.

                  Subject to applicable laws, regulations and policies, as may be amended or modified, the Parties shall foster, to the fullest extent practicable, the involvement of participants in cooperative activities under this Memorandum in view of providing comparable opportunities for participation in their research and development activities. The Parties shall involve participants in the cooperative activities, which shall be conducted on a reciprocal basis in accordance with the following principles:

                              1.

                              mutual benefit;

                              2.

                              comparable opportunities to engage in cooperative activities;

                              3.

                              equitable and fair treatment;

                              4.

                              timely exchange of information which may affect cooperative activities; and

                              5.

                              transparency.

                  D.

                  Such cooperative activities shall take place pursuant to specific Annexes and Appendices defined in Article II.

         Article II

         Implementation

                  A.

                  This Memorandum shall be implemented through specific Annexes and Appendices to this Memorandum. These Annexes and Appendices shall describe, as appropriate, the nature and the duration of cooperation for a specific area or purpose, treatment of intellectual property, liability, funding, allocation of costs, and other relevant matters. Unless explicitly stated otherwise, in case of an incompatibility between a provision in an Annex or Appendix and a provision in this Memorandum, the provision in the Memorandum shall have precedence.

                  B.

                  Representatives from the United States of America and the European Union shall meet periodically to:

                              1.

                              discuss proposals for new cooperative activities; and

                              2.

                              review the status of ongoing activities that have been undertaken pursuant to an Annex or Appendix to this Memorandum.

                  C.

                  The coordination and facilitation of cooperative activities under this Memorandum shall be accomplished on behalf of the Government of the United States of America by the Federal Aviation Administration and on behalf of the European Union by the European Commission.

                  D.

                  The designated offices for the coordination and management of this Memorandum, and where all requests for services under this Memorandum should be made, are:

                              1.

                              for the United States of America:

                                          Federal Aviation Administration

                                          Office of International Aviation

                                          Wilbur Wright Bldg., 6th Floor, East

                                          600 Independence Ave., S.W.

                                          Washington, D.C. 20591

                                          USA

                                          Tel. +1 2023858900

                                          Fax +1 2022675032

                              2.

                              for the European Union:

                                          European Commission

                                          Directorate-General for Mobility and Transport

                                          Directorate for Air Transport

                                          1040 Brussels

                                          BELGIUM

                                          Tel. +32 22968430

                                          Fax: +32 22968353

                  E.

                  Technical program liaisons for specific activities shall be established as indicated in the Annexes and Appendices to this Memorandum.

         Article III

         Executive Management

                  A.

                  The Parties hereby establish a Joint Committee, which shall be responsible for ensuring the effective functioning of this Memorandum and shall meet at regular intervals to evaluate the effectiveness of its implementation.

                  B.

                  The Joint Committee shall be composed of representatives of:

                              1.

                              the United States of America, which shall be the Federal Aviation Administration (FAA, co-chair); and

                              2.

                              the European Union, which shall be the European Commission (co-chair) assisted by representatives of the European Union’s Member States.

                  C.

                  The Joint Committee may invite the participation of subject-specific experts on an ad hoc basis. The Joint Committee may establish technical working groups and oversee their work and the work of committees and groups established in the specific Annexes and Appendices. The Joint Committee shall develop and adopt internal governing procedures.

                  D.

                  All decisions of the Joint Committee shall be taken by consensus of the two Parties, which comprise the Joint Committee. These decisions shall be in writing and signed by the Parties’ representatives on the Joint Committee.

                  E.

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

                              1.

                              providing a forum for discussion, within the scope of this Memorandum and its Annexes and Appendices, of:

                                          a.

                                          issues that may arise and changes that may affect the implementation of this Memorandum and its Annexes and Appendices;

                                          b.

                                          common approaches to the introduction of new technologies and procedures, research and evaluation programs, and other areas of mutual interest; and

                                          c.

                                          draft regulations and legislation by either Party that could affect the interests of the other Party, within the scope of this Memorandum and its Annexes and Appendices;

                              2.

                              as appropriate, adopting additional Annexes to this Memorandum and Appendices thereto;

                              3.

                              as appropriate adopting amendments to Annexes to this Memorandum and Appendices thereto; and

                              4.

                              making proposals, as appropriate, to the Parties to otherwise amend this Memorandum.

         Article IV

         Exchange of personnel

      The Parties may exchange technical personnel as required to pursue the activities described in an Annex or Appendix to this Memorandum. All such exchanges shall be in accordance with the terms and conditions set forth in this Memorandum, its Annexes and Appendices. Technical personnel exchanged by the Parties shall perform work as specified in the Annex or Appendix. Such technical personnel may be from United States or European Union agencies or contractors, as mutually agreed.

         Article V

         Equipment loan arrangements

      Equipment may be loaned by one Party (the ‘Lending Party’) to the other Party (the ‘Borrowing Party’) under an Annex or Appendix to this Memorandum. The following general provisions shall apply to all loans of equipment unless otherwise specified in an Annex or Appendix:

                  A.

                  the Lending Party shall identify the value of the equipment that is to be loaned;

                  B.

                  the Borrowing Party shall assume custody and possession of the equipment at the Lending Party’s facility as designated by the Parties in the Annex or Appendix. The equipment shall remain in the custody and possession of the Borrowing Party until it has been returned to the Lending Party in accordance with paragraph H below;

                  C.

                  the Borrowing Party shall, at its own expense, transport any equipment to the facility designated by the Parties in the Annex or Appendix;

                  D.

                  the Parties shall cooperate in securing any export licenses and other documents required for the shipment of the equipment;

                  E.

                  the Borrowing Party shall be responsible for installing the equipment at the facility designated by the Parties in the Annex or Appendix. The Lending Party shall, if necessary, provide assistance to the Borrowing Party for installing the equipment that is lent on the basis of terms agreed on by the Parties;

                  F.

                  during the period of the loan, the Borrowing Party shall operate and maintain equipment in proper condition, ensure the continued operability of the equipment, and permit inspection by the Lending Party at any reasonable time;

                  G.

                  the Lending Party shall assist the Borrowing Party in locating sources of supplies for common items and parts peculiar which are not readily available to the Borrowing Party;

                  H.

                  upon the expiration or termination of the pertinent Annex or Appendix or this Memorandum, or when the use of the equipment is complete, the Borrowing Party shall return the equipment to the Lending Party at the Borrowing Party’s expense;

                  I.

                  in the event of loss or damage of any equipment loaned under this Memorandum and for which the Borrowing Party assumed custody and possession, the Borrowing Party, at the Lending Party’s discretion, shall repair or compensate the Lending Party for the value (as identified by the Lending Party in paragraph A above) of the lost or damaged equipment;

                  J.

                  any equipment exchanged under this Memorandum shall be solely for research, developmental and validation purposes and shall not be used in any way whatsoever for active civil aviation or other operational use;

                  K.

                  any transfers of technology, equipment or other items pursuant to this Memorandum shall be subject to the applicable laws and policies of the Parties.

         Article VI

         Funding

                  A.

                  Unless otherwise specified in an Annex or Appendix to this Memorandum, each Party shall bear the costs of the activities it performs pursuant to this Memorandum.

                  B.

                  Memorandum number NAT-I-9406 has been assigned by the United States to identify this cooperative program and shall be referenced in all correspondence related to this Memorandum.

         Article VII

         Release of information

                  A.

                  Except as required by applicable law or by prior written agreement between the Parties, neither Party shall release any information or material pertinent to the tasks or related to the agreed programs under this Memorandum and its Annexes and Appendices to third parties other than (i) contractors or subcontractors engaged in the tasks or programs insofar as they are necessary for the execution of those tasks and programs; or (ii) other governmental authorities of the Parties.

                  B.

                  If one of the Parties becomes aware that, under its laws or regulations, it will be, or may reasonably be expected to become, unable to meet the non-disclosure provisions of this Article, it shall immediately and prior to disclosure inform the other Party. The Parties shall thereafter consult to identify an appropriate course of action.

         Article VIII

         Intellectual property rights

                  A.

                  A Party providing intellectual property (which for purposes of this Memorandum includes analyses, reports, databases, software, know-how, technical and commercially sensitive information, data, and records, and associated documentation and materials, regardless of form or the media on which it may be recorded) to the other Party in accordance with the terms of an Annex or Appendix to this Memorandum shall retain such proprietary rights in the intellectual property as it had at the time of the exchange. The Party providing a document or other intellectual property pursuant to an Annex or Appendix to this Memorandum shall clearly mark the document or other intellectual property as confidential, proprietary, or a trade secret, as appropriate.

                  B.

                  Except as may be specified in an Annex or Appendix to this Memorandum, the Party receiving intellectual property from the other Party under this Memorandum:

                              1.

                              shall not acquire any proprietary rights in the intellectual property by reason of its receipt from the other Party; and

                              2.

                              shall not disclose the intellectual property to a third party, other than contractors or subcontractors engaged in a program related to an Annex or Appendix to this Memorandum, without the prior written consent of the other Party. In the case of a disclosure to a contractor or subcontractor engaged in the program, the Party making the disclosure shall:

                                          a.

                                          limit the use of the intellectual property by the contractor or subcontractor to the purposes specified in the applicable Annex or Appendix; and

                                          b.

                                          prohibit the further disclosure of the intellectual property to third parties by the contractor or subcontractor except where the other Party consents in advance and in writing to the further disclosure.

                  C.

                  Except as may be specified in an Annex or Appendix to this Memorandum, the proprietary rights in any intellectual property jointly developed by the Parties pursuant to this Memorandum and its Annexes or Appendices shall be shared by the Parties.

                              1.

                              Each Party shall be entitled to a non-exclusive, irrevocable right in all countries to reproduce, prepare derivative works, publicly distribute, and translate such intellectual property, provided that such reproduction, preparation, distribution and translation does not affect the protection of the intellectual property rights of the other Party. Each Party or its implementing authorities shall have the right to review a translation prior to public distribution.

                              2.

                              All publicly distributed copies of scientific and technical journal articles, non-proprietary scientific reports and books directly arising from cooperation under this Memorandum and its Annexes or Appendices shall indicate the names of the authors of the work unless an author explicitly declines to be named.

                  D.

                  If a Party disagrees with the designation of a document or other intellectual property provided by the other Party pursuant to an Annex or Appendix to this Memorandum as confidential, proprietary, or a trade secret, then the Party disagreeing with the designation shall request consultations with the other Party to address the issue. The Consultations may be held in conjunction with a meeting of the Joint Committee or a meeting of such other committees as may be established under an Annex or Appendix to this Memorandum.

         Article IX

         Immunity and liability

                  A.

                  The Parties shall address immunity and liability issues associated with activities under this Memorandum in the relevant Annex or Appendix as appropriate.

                  B.

                  The Parties agree that all activities undertaken pursuant to this Memorandum and its Annexes or Appendices shall be performed with due professional care and that every reasonable effort shall be made to minimise potential risks to third parties and to fulfil all safety and oversight requirements.

         Article X

         Amendments

                  A.

                  The Parties may amend this Memorandum, its Annexes or Appendices. The Parties shall document the details of any such amendment in a written agreement signed by both Parties.

                  B.

                  Amendments of the Annexes or the Appendices to this Memorandum, adopted by the Joint Committee, shall enter into force upon a decision of the Joint Committee pursuant to Article III.D of this Memorandum, signed by the co-chairs of the Joint Committee on behalf of the Parties.

         Article XI

         Resolution of disagreements

      The Parties shall resolve any disagreement regarding the interpretation or application of this Memorandum or its Annexes or Appendices in consultations between the Parties. The Parties shall not refer any such disagreement to an international tribunal or third party for settlement.

         Article XII

         Entry into force and termination

                  A.

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

                  B.

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

                  C.

                  Any individual Annex or Appendix adopted by the Joint Committee after the entry into force of this Memorandum shall enter into force upon a decision of the Joint Committee pursuant to Article III.D of this Memorandum, signed by the co-chairs of the Joint Committee on behalf of the Parties.

                  D.

                  Either Party may terminate this Memorandum or its Annexes or Appendices at any time by providing sixty (60) days’ notice in writing to the other Party. Termination of this Memorandum shall not affect the rights and obligations of the Parties under Articles V, VII, VIII and IX. Each Party shall have one hundred twenty (120) days to close out its activities following termination of this Memorandum or its Annexes or Appendices. Termination of this Memorandum also shall terminate all Annexes and Appendices concluded by the Parties pursuant to this Memorandum.

         Article XIII

         Authority

      The United States and the European Union agree to the provisions of this Memorandum as indicated by the signatures of their duly authorised representatives.

         Done at Budapest on the third day of March in the year two thousand and eleven.

               For the United States of America

               For the European Union

         ANNEX 1
         TO MEMORANDUM OF COOPERATION NAT-I-9406 BETWEEN THE UNITED STATES OF AMERICA AND THE EUROPEAN UNION SESAR-NEXTGEN COOPERATION FOR GLOBAL INTEROPERABILITY
         WHEREAS SESAR and NextGen are respectively the European Union’s and the United States of America’s programmes for developing new generations of air traffic management systems;
         WHEREAS the SESAR Joint Undertaking was established by Council Regulation (EC) No 219/2007 of 27 February 2007 for the purpose of managing the SESAR Development phase;
         NOW THEREFORE, the United States of America and the European Union (collectively the ‘Parties’, and individually a ‘Party’) have agreed as follows:

            Article I

            Purpose

         The purpose of this Annex is to implement the Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union (the Memorandum) by setting forth the terms and conditions under which the Parties shall establish cooperation to ensure global interoperability between their respective Air Traffic Management (ATM) modernisation programmes, NextGen and SESAR, taking into account the interests of civil and military airspace users.

            Article II

            Definitions

         For the purpose of this Annex, the term ‘validation’ means to confirm, throughout the development lifecycle, that the proposed solution, including concept, system, and procedures, complies with stakeholders’ needs.

            Article III

            Principles

         Within the framework of the NextGen and SESAR programmes and in accordance with the principles set out in Article I.C of the Memorandum, the Parties shall:

                     A.

                     as appropriate, allow participation by each other’s governmental and industrial entities in their relevant consultative bodies and industrial initiatives, in accordance with applicable laws and regulations, and the governing rules of such bodies and initiatives;

                     B.

                     endeavour to provide opportunities to each other’s industry stakeholders to contribute to work programs and access information on, and results of, equivalent research and development programs and projects; and

                     C.

                     through the High Level Committee established under Article V of this Annex, mutually identify, in attachments to this Annex (Attachments), the domains that allow specific opportunities for participation in each Party’s consultative bodies, initiatives, and research programs and projects, in particular those domains that provide for a contribution to high level system definition, such as interoperability, architecture definition, and technical baseline.

               The High Level Committee shall monitor the implementation of this Article and shall update the Attachments as necessary.

            Article IV

            Scope of work

         A.   The scope of the work is to contribute to ATM research, development, and validation for global interoperability. The work may include, but is not limited to, the activities set out in paragraphs 1 to 5 of the present Article.
         1.   Transversal Activities
         Transversal activities cover those tasks that are not specific to any one operational or technical development, but have interdependencies across the SESAR and NextGen Programs. These activities are of particular importance to the cooperation, as any diverging approach potentially has wide-reaching material implications for harmonisation and interoperability. In this area, the Parties intend to address:

                     a.

                     operations concept and roadmap;

                     b.

                     separation provision;

                     c.

                     road-mapping including standardisation and regulation with a view to facilitate implementation synchronisation;

                     d.

                     business case and investment planning;

                     e.

                     environment;

                     f.

                     the coordination of technical efforts in support of global and ICAO standardisation activities in the field of ATM modernisation;

                     g.

                     the synchronisation and consistency of avionics roadmaps, in order to ensure best economic efficiency for airspace users; and

                     h.

                     coordinated delivery of technical and operational changes that achieve/maintain seamless operations from an airspace user’s perspective.

               2.   Information Management
         The key focus on Information Management is to ensure timely distribution of accurate and relevant ATM-related information across the stakeholder community in a manner that is seamless (interoperable), secure and supportive of collaborative decision making. In this area, the Parties intend to address:

                     a.

                     system Wide Information Management (SWIM) interoperability;

                     b.

                     aeronautical Information Management (AIM) interoperability; and

                     c.

                     meteorological information exchange.

               3.   Trajectory Management
         Trajectory Management encompasses air/air and air/ground exchange of four-dimensional (4D) trajectories requiring a consistent approach to terminology, definition and exchange of flight information at all times and in all flight phases. In this area, the Parties intend to address:

                     a.

                     common trajectory definition and exchange;

                     b.

                     flight planning and dynamic flight plan updates;

                     c.

                     traffic management (including trajectory integration and prediction);

                     d.

                     Unmanned Aircraft Systems (UAS) integration into ATM; and

                     e.

                     the convergence of the SESAR and NextGen concepts of operations, the service definitions and their applications including the 4D trajectory definition and exchange format operations.

               4.   Communications, Navigation, Surveillance (CNS) & Airborne Interoperability
         CNS and airborne interoperability includes planning airborne equipage and the development of mutually interoperable air/air and air/ground applications and systems. In this area, the Parties intend to address:

                     a.

                     airborne interoperability, including:

                                 i.

                                 Airborne Collision Avoidance System (ACAS);

                                 ii.

                                 avionics roadmap; and

                                 iii.

                                 Airborne Separation Assistance Systems (ASAS) for air/air and air/ground separation assistance;

                     b.

                     communications, including:

                                 i.

                                 data-link services and technology; and

                                 ii.

                                 flexible communication architecture;

                     c.

                     navigation, including:

                                 i.

                                 Performance Based Navigation; and

                                 ii.

                                 Global Navigation Satellite System (GNSS) applications for en route and approach, including approach with vertical guidance;

                     d.

                     surveillance, including:

                                 i.

                                 Automatic Dependent Surveillance (ADS) services and technology; and

                                 ii.

                                 Ground surveillance.

               5.   Collaborative Projects
         Collaborative Projects include ad hoc projects for which the Parties agree that focused coordination and collaboration is needed. In this area, the Parties intend to address:

                     a.

                     Atlantic Interoperability Initiative to Reduce Emissions (AIRE); and

                     b.

                     improvements of monitoring and position tracking of aircraft over oceanic and remote regions.

               B.   The Parties shall, as necessary, produce on a reciprocal basis, either individually or jointly for exchange between them, reports describing concepts of use, models, prototypes, evaluations, validation exercises, and comparative studies related to the technical and operational aspects of ATM. Evaluations and validations may use a range of tools such as simulations and live trials.

            Article V

            Management

         Subject to the availability of funds, the Parties shall establish and manage projects and activities and ensure that the work in progress remains pragmatic, timely and result-oriented. To this end, the following management levels shall be established:

                     A.

                     a High Level Committee, which shall be composed of an equal number of participants from the European Commission, which may be assisted by the SESAR Joint Undertaking, and from the Federal Aviation Administration (FAA);

                                 1.

                                 the High Level Committee shall be co-chaired by one representative each from the European Commission and the FAA. The High Level Committee shall meet at least once a year to:

                                             a.

                                             oversee SESAR-NextGen cooperation;

                                             b.

                                             assess the achieved results;

                                             c.

                                             decide on the launch of new projects and activities upon a proposal from the Coordination Committee defined below;

                                             d.

                                             decide on proposals for new Appendices or amendments to existing Appendices to this Annex, which it shall submit to the Joint Committee for approval in accordance with Article III.D of the Memorandum;

                                             e.

                                             give instructions to the Coordination Committee defined below; and

                                             f.

                                             monitor the implementation of Article III of this Annex and, as necessary, consult on industry participation mechanisms or refer questions to the Joint Committee established under the Memorandum;

                                 2.

                                 the High Level Committee shall establish its working procedures and all decisions shall be taken by consensus between the co-chairs;

                                 3.

                                 the High Level Committee shall report to the Joint Committee established pursuant to Article III of the Memorandum;

                     B.

                     a Coordination Committee, which shall be composed of an appropriate and limited number of participants from the SESAR Joint Undertaking and from the FAA Air Traffic Organization, which may both be assisted by experts;

                                 1.

                                 the Coordination Committee shall be co-chaired by one representative each from the SESAR Joint Undertaking and the FAA Air Traffic Organization. The Coordination Committee shall meet at least twice a year to:

                                             a.

                                             monitor the progress of ongoing joint projects and activities as defined in the Appendices;

                                             b.

                                             ensure the efficient execution of the Appendices through the Working Groups defined below;

                                             c.

                                             ensure the efficient implementation of Article III of this Annex;

                                             d.

                                             prepare reports to the High Level Committee; or

                                             e.

                                             consider proposals for submission to the High Level Committee, including for new Appendices or amendments to existing Appendices to this Annex;

                                 2.

                                 the Coordination Committee shall establish its working procedures and all decisions shall be taken by consensus between the co-chairs;

                     C.

                     Working Groups dedicated to specific projects or activities described in the Appendices. Each Working Group shall be composed of an appropriate and limited number of participants. The Working Groups shall meet as necessary, shall comply with instructions given by the Coordination Committee and shall report to it on a regular basis.

            Article VI

            Immunity and liability

         The Parties shall address immunity and liability issues associated with activities under this Annex in the relevant Appendix, as appropriate.

            Article VII

            Implementation

         A.   All work provided under this Annex shall be described in Appendices, which, upon their entry into force, shall become part of this Annex.
         B.   Each Appendix shall be numbered sequentially and contain a description of the work to be performed by the Parties or the entities they designate to carry out the work, including the location and planned duration of the work; the personnel and other resources required to accomplish the work; the estimated costs; and any other pertinent information concerning the work.

            Article VIII

            Financial provisions

         Funding of work to be performed under this Annex shall be provided in accordance with Article VI of the Memorandum.

            Article IX

            Points of contact

         A.   The designated offices for the coordination and management of this Annex are:

                     1.

                     for the United States of America:

                                 Africa, Europe & Middle East Office, AEU-10

                                 Federal Aviation Administration

                                 Wilbur Wright Bldg., 6th Floor, East

                                 600 Independence Avenue, S.W.

                                 Washington, D.C. 20591

                                 USA

                                 Tel. +1 2023858905

                                 Fax +1 2022675032

                     2.

                     for the European Union:

                                 Single European Sky and ATC Modernisation Unit

                                 Directorate-General for Mobility and Transport

                                 Directorate for Air Transport

                                 European Commission

                                 Rue de Mot 24

                                 1040 Brussels

                                 BELGIUM

                                 Tel. +32 22968430

                                 Fax +32 22968353

               B.   technical program liaison for specific activities shall be established as indicated in the Appendices to this Annex.

            Article X

            Entry into force and termination

         A.   Pending its entry into force, this Annex shall be applied provisionally from the date of signature.
         B.   This Annex shall enter into force when the Parties have notified each other in writing that their respective internal procedures for its entry into force have been completed, and shall remain in force until terminated in accordance with Article XII of the Memorandum. Termination of this Annex shall terminate all Appendices concluded by the Parties pursuant to this Annex.

            Article XI

            Authority

         The United States of America and the European Union agree to the provisions of this Annex as indicated by the signatures of their duly authorised representatives.

            Done at Budapest on the third day of March in the year two thousand and eleven.

                  For the United States of America

                  For the European Union


title: 2012/804/EU: Decision of the European Parliament of 23 October 2012 on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2010#Resolution of the European Parliament of 23 October 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2010

text:
               20.12.2012

               EN

               Official Journal of the European Union

               L 350/89

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 October 2012
   on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2010
   (2012/804/EU)
   THE EUROPEAN PARLIAMENT,

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network (4), and in particular Article 13 thereof,

               —

               having regard to Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (5), and in particular Article 13 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6), and in particular Article 94 thereof,

               —

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

               —

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

               —

               having regard to the second report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0300/2012),

               1.

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

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 57.

      (2)  OJ L 286, 17.10.2012, p. 356.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 120, 11.5.1990, p. 1.

      (5)  OJ L 126, 21.5.2009, p. 13.

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

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network (4), and in particular Article 13 thereof,

                  —

                  having regard to Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (5), and in particular Article 13 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6), and in particular Article 94 thereof,

                  —

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

                  —

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

                  —

                  having regard to the second report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0300/2012),

                  A.

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

                  B.

                  whereas the Agency provided replies to the discharge authority by letters of 24 May, 15 June and 3 July 2012; whereas the Management Board of the Agency provided the discharge authority with information on the measures undertaken following the postponement of the discharge by letter of 6 June 2012,

                  C.

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

                  D.

                  whereas the budget of the Agency for the year 2010 was EUR 50 600 000, which is 26 % higher than in 2009; whereas the contribution of the Union to the budget of the Agency for 2010 was EUR 35 258 000, compared to EUR 34 560 000 in 2009, which represents an increase of 2 %;

                  1.

                  Has always welcomed the professional, reliable and independent provision of information by the Agency for all institutions, the Member States and Union policy-making bodies, and will further expect this kind of professionalism in the future;

                  2.

                  Notes that the Agency’s levels of budget execution in terms of committed appropriations and payment appropriations were respectively 100 % and 90,75 %;

                  3.

                  Points to paragraph 16 of the Common Approach annexed to the Joint Statement of the European Parliament, the Council and the Commission on decentralised agencies; expects, without prejudice to the Agency’s independence, an open and transparent selection procedure regarding the appointment of the Executive Director in June 2013 that guarantees a rigorous evaluation of candidates and a high level of independence; suggests, therefore, that a hearing of the candidates by the competent committees in Parliament will be part of the appointment procedure to the position of Executive Director;

         Budget and financial management

                  4.

                  Reminds that for five months, from 22 May 2010 to October 2010, the Agency covered its building with a Green Façade at a cost of EUR 294 641, and that no public tender was issued;

                  5.

                  Recalls that in order to cover the costs related to the Green Façade, the budget line ‘2140 — Fitting-out of premises’ has been reinforced by a budget transfer of EUR 180 872 taken from the budget line ‘2100 — Rent’ on 9 April 2010;

                  6.

                  Calls therefore on the Agency to establish clear internal rules for resorting to Article 126(1)(b) of the implementing rules of the Financial Regulation; notes that the Management Board decided to implement ex-ante controls on exceptional expenditures;

                  7.

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

         Human Resources

                  8.

                  Takes note that the Agency hosted 12 guest scientists working at its premises without publishing for 11 of them their curriculum vitae, including at least the educational and work background; acknowledges the Management Board’s statement that rules for the selection and conduct of visiting scientists will be strengthened in order to ensure greater clarity and transparency and that the Agency’s current policy on hosting guest scientist is under revision;

                  9.

                  Recalls that from June 2010 until April 2011, the Executive Director of the Agency was a trustee and a member of the International Advisory Board of the non-governmental organisation (NGO) Earthwatch, an international environmental charity, and was erroneously reported to be a member of the European Advisory Board of Worldwatch Europe; acknowledges that she stepped down from her positions in Earthwatch following advice from the President of the Court of Auditors in the context of a possible conflict of interests;

                  10.

                  Notes that in February 2010, before the Executive Director of the Agency was directly involved with Earthwatch, training was contracted for 29 staff members of the Agency, including the Executive Director, who went for up to 10 days of research on different biodiversity projects in the Caribbean or Mediterranean managed by Earthwatch and that the Agency paid a total of EUR 33 791,28 to the NGO, as stated by the Executive Director of the Agency; further notes that the Court of Auditors’ final report for 2010 contained no findings about any conflict of interest in this connection;

                  11.

                  Acknowledges the decision of the Management Board to implement ex-ante controls on the membership of the Executive Director in external boards and on the Agency’s training policy;

                  12.

                  Notes the Agency’s assurance that in November 2010 Worldwatch Institute Europe registered as its contact address that of the Agency without the Agency’s consent; further notes that the Executive Director of Worldwatch Institute Europe was a guest scientist of the Agency; calls on the Agency to ensure absolute clarity in any future guest scientist arrangements; further notes that:

                              —

                              in the letter of 11 April 2012, the Executive Director of the Agency stated that ‘when it came to the attention of the EEA that World Watch Institute Europe had published on their own website that a European office had been set up at the Agency’s premises immediate action was taken…’;

                              —

                              the founding act of Worldwatch Institute Europe proves that it was established on 5 November 2010 in the premises of the Agency;

                              —

                              moreover, the launch of Worldwatch Institute Europe took place at the Agency’s premises on 25 February 2011 and the Executive Director of the Agency was a guest speaker, as shown by World Watch Institute Europe’s website;

                  13.

                  Takes note that the Agency prepared an updated conflicts of interest policy and action plan in line with the European Ombudsman’s recommendations; calls on the Agency to make the draft public and to foster a debate on the policy and action plan prior their submission to the Management Board;

                  14.

                  Notes that the curriculum vitae of the management staff and of the members of the scientific committee have been made available on the Agency’s website; notes, moreover, that the declarations of interest of the members of the scientific committee have also been made available; underlines that, contrary to the Agency’s statement by letter of 15 June 2012, none of the curriculum vitae of the Management Board members is currently available on its website and observes that only a link to their organisation is provided; calls on the Agency, in an effort to promote greater transparency in terms of preventing and combating conflict of interests, to publish on its website the declarations of interest and curriculum vitae of the experts, future guest scientists and members of the Management Board; is of the opinion that such measures would allow the discharge authority and the public to observe their qualifications and to prevent potential conflict of interest;

                  15.

                  Expects to receive information on ongoing administrative investigations related to the Agency;

                  16.

                  Points out that the committee responsible is in close contact with the Agency by inviting the Executive Director for an exchange of views at least once a year, by having appointed a contact person from amongst its members and by visiting the Agency on a regular basis; notes that the last visit took place in September 2011;

                  17.

                  Stresses that the Agency is required to establish appropriate contacts with interested parties and to cooperate with stakeholders such as external organisations; notes that those activities have not been accompanied by respective measures and rules in order to excluding the possible reputational risk; welcomes, therefore, the commitment by the Management Board and the Executive Director to take appropriate steps in order to eliminate those risks immediately;

                  18.

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

         Performance

                  19.

                  Is aware that the Agency is currently under a periodic external evaluation which should be delivered to the discharge authority in 2013; takes note of the Management Board’s statement that the internal processes of the Agency will be included in the evaluation;

                  20.

                  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. 57.

         (2)  OJ L 286, 17.10.2012, p. 356.

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

         (4)  OJ L 120, 11.5.1990, p. 1.

         (5)  OJ L 126, 21.5.2009, p. 13.

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

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


title: 2012/586/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Training Foundation 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 Training Foundation for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/238

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Training Foundation for the financial year 2010
   (2012/586/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Training Foundation for the financial year 2010,

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Regulation (EC) No 1339/2008 of the European Parliament and of the Council of 16 December 2008 establishing a European Training Foundation (3), and in particular Article 17 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0135/2012),

               1.

               Grants the Director of the European Training Foundation discharge in respect of the implementation of the Foundation’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Training Foundation, 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. 145.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 354, 31.12.2008, p. 82.

      (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 Training Foundation for the financial year 2010
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Training Foundation for the financial year 2010,

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Regulation (EC) No 1339/2008 of the European Parliament and of the Council of 16 December 2008 establishing a European Training Foundation (3), and in particular Article 17 thereof,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0135/2012),

                  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 Director of the European Training Foundation discharge for implementation of the Foundation’s budget for the financial year 2009 (5), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              urged the Foundation to draw up budgetary procedures more rigorously in order to avoid the considerable number of budgetary transfers,

                              —

                              called on the Foundation to fulfil its obligation to show a summary statement of the schedule of payments, so that in subsequent financial years budget commitments entered into in earlier financial years will be met,

                              —

                              called on the Foundation to obtain the authorisation of its Governing Board when transfers are required, which is required by the Foundation’s Financial Regulation,

                  C.

                  whereas the overall budget of the Foundation for the year 2010 was EUR 19 300 000, compared with EUR 20 200 000 in 2009, which represents a decrease of 4,46 %,

                  D.

                  whereas the initial contribution of the Union to the budget of the Foundation for 2010 was EUR 18 282 000 compared with EUR 14 772 000 in 2009 (6),

         Budget and financial management

                  1.

                  Notes that the Union contribution for 2009 amounted to a total of EUR 19 872 000 and that this amount was made up of the initial contribution of the Union, i.e. EUR 14 772 000, and EUR 5 100 000, coming from the recovery of surplus from previous years; recalls moreover that the initial Union contribution to the Foundation for 2010 amounted to EUR 18 282 000; notes however that EUR 1 178 000, coming from the recovery of surplus, was added to it which, as a result, makes a total Union contribution of EUR 19 460 000 for 2010 (7);

                  2.

                  Takes note that the Foundation’s Annual Financial Statements mention that the contribution of the Union for 2010 amounted in fact EUR 19 196 840,29; acknowledges the Foundation’s statement that the actual contribution granted by the Union in 2010 totalled EUR 19 297 822, i.e. EUR 19 460 000 minus EUR 162 178 which represents the Union contribution in kind; also takes note from the Foundation that, of the amount received from the Union, it used EUR 19 196 840,29 and returned the remaining EUR 100 981,71 to the Commission;

                  3.

                  Establishes from the Foundation’s Annual Financial Statements that its budget for 2010 was amended in November 2010 to partially offset the unforeseen reduction in the Foundation’s revenue;

                  4.

                  Observes from the Foundation’s Annual Activity Report that it achieved a commitment rate of 99,9 %, compared with 99,8 % in 2009 and 98,5 % in 2008 and a payment execution rate of 96,5 %, compared with approximately 90 % in 2009 and 2008;

         Transfers and carry-overs

                  5.

                  Notes from the Foundation’s Annual Activity Report that it has reduced the number of budgetary transfers to 15 in 2010, compared with 33 in 2009, and carried forward only 12,8 % of the 2010 amount committed, compared with 17 % in 2009, 15 % in 2008;

         Registration of the exceptions

                  6.

                  Notes from the Foundation’s Annual Activity Report that 10 exceptions were registered on the Register of Exceptions in 2010, compared with 12 in 2009;

                  7.

                  Notes that none of them involve a financial risk higher than EUR 50 000; notes in particular that these exceptions have a total financial value of EUR 100 183, which represents 0,53 % of the total Foundation budget in 2010;

         Public procurement

                  8.

                  Acknowledges from the Foundation’s Annual Activity Report that it stipulated 8 direct agreements with external contractors, none of which has a financial exposure higher or equal to EUR 50 000; notes that the total value of direct agreements is EUR 93 575, which represented 0,50 % of the total Foundation budget in 2010;

         Human resources

                  9.

                  Notes from the Annual Activity Report that at the end of 2010 the Foundation had 4 vacant posts in its establishment plan, compared to 10 at the end of 2009;

                  10.

                  Observes also that the number of staff at the Foundation now stands at 128, with 15 staff members joining the Foundation and 10 leaving in 2010;

                  11.

                  Takes note from the Annual Activity Report that the number of posts available for the implementation of the Foundation mandate are:

                              —

                              96 temporary posts,

                              —

                              33 contract and local agents, and

                              —

                              6 seconded national experts;

         Performance

                  12.

                  Observes from the Annual Activity Report that the Foundation developed a revised list of Corporate Performance Indicators with the aim of enhancing the relevance and measurability of its objectives and to provide data on how the Foundation performs at an aggregated level in relation to its core business and its functioning;

                  13.

                  Notes, in addition, that the Foundation developed the ‘dashboard’ project which aims to ensure key live data for daily monitoring of its activities and notably for management and reporting;

                  14.

                  Observes moreover that a risk based differentiation of payment circuits was successfully implemented in early 2010, introducing simplified circuits for low risk transactions;

                  15.

                  Welcomes the fact that the Foundation successfully implemented the first year of the Torino Process, which provides a concise, documented, comprehensive analysis of vocational education and training reform in each country, including identification of key policy trends, challenges, constraints, as well as good practice and opportunities;

         Cooperation with the European Centre for the Development of Vocational Training (Cedefop)

                  16.

                  Notes that, in November 2009, the cooperation agreement between the Foundation and Cedefop was renewed for the period 2010-2013; acknowledges that each year the Foundation and Cedefop draft, in the context of the cooperation framework, a joint work programme which is annexed to the work programmes of both agencies; welcomes the Foundation’s intention to devote further space to reporting on the implementation of this joint work programme in future Annual Activity Reports;

         Internal audit

                  17.

                  Acknowledges that the Internal Audit Service (IAS) undertook an audit of planning and monitoring in 2010; notes in particular that the IAS made eight recommendations, one of which was rated as ‘very important’ and concerns the need for the Foundation to clearly define and describe the utility of its annual planning approach;

                  18.

                  Urges, in this context, the Foundation to focus on cost effective reporting relevant to the Foundation’s Governing Board and key stakeholders, allowing them to check the performance of the Foundation;

                  19.

                  Calls also on the Foundation to implement the remaining recommendations of the IAS from the previous audits;

                  20.

                  Acknowledges from the Foundation’s Annual Activity Report that it adopted the revised 16 standards for effective management as set out in the internal control standards framework;

                  21.

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

                  22.

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

         (1)  OJ C 366, 15.12.2011, p. 145.

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

         (3)  OJ L 354, 31.12.2008, p. 82.

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

         (5)  OJ L 250, 27.9.2011, p. 196.

         (6)  OJ L 64, 12.3.2010, p. 926.

         (7)  OJ L 64, 12.3.2010, p. 927.

         (8)  Texts adopted, P7_(2012)0164 (see page 388 of this Official Journal).

      ANNEX

         EUROPEAN PARLIAMENT RECOMMENDATIONS OVER PAST YEARS

                  European Training Foundation

                  2006

                  2007

                  2008

                  2009

                  Performance

                  n.a.

                  n.a.

                              —

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

                              —

                              Calls, in view of the fact that some areas of interest are shared, for close cooperation and synergies between the Foundation and Cedefop and calls for information to be provided regularly in the activity reports by the Directors of both agencies

                              —

                              Difficulties in establishing a direct link between the results of the Foundation’s projects and the institutions’ activities

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

                  Budgetary and financial management

                  The Foundation did not respect the rules for budget presentation: the Foundation only published the commitment appropriations for its 2006, not considering the payment appropriations

                  In the amending budget, the amount of the assigned revenue is incorrect. It should have been EUR 1 200 000 instead of the EUR 3 400 000 shown, which erroneously included assigned revenue carried over from the previous year

                  n.a.

                              —

                              Urges the Foundation to draw up budgetary procedures more rigorously in order to avoid the considerable number of budgetary transfers

                              —

                              Calls on the Foundation to obtain the authorisation of its Governing Body when transfers are required, which is required by the Foundations Financial Regulation

                              —

                              Reminder to fulfil its obligation to show a summary statement of the schedule of payments due in subsequent financial years to meet budget commitments entered into in earlier financial years

                  Human resources

                  n.a.

                  n.a.

                              —

                              Calls (see internal audit) on the Foundation to address weaknesses in the recruitment procedures → The Recruitment Assessment Boards must provide sufficient information on the procedures followed, including justifications for decisions and dates on which they were taken in order to ensure the transparency of these procedures

                              —

                              Calls on the Foundation to comply with Council Directive 2000/78/EC (1)

                  n.a.

                  Internal audit

                  n.a.

                  n.a.

                  Calls on the Foundation to take steps to fulfil 15 out of 27 recommendations made by the Internal Audit Service → i.e. to put in place without delay certain internal control standards (regarding the documentation of procedures, supervision of financial transactions and continuity of operations) and certain human resources management recommendations (regarding human resources management in annual planning and activity reporting; objective setting; time recording of the staff)

                  Acknowledges that 11 out of 15 recommendations made by IAS have been closed in 2009

         (1)  OJ L 303, 2.12.2000, p. 16.