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32001D0514

2001/514/JHA: Council Decision of 28 June 2001 establishing a second phase of the programme of incentives, exchanges, training and cooperation for persons responsible for combating trade in human beings and the sexual exploitation of children (Stop II)

Official Journal L 186 , 07/07/2001 P. 0007 - 0010

Council Decisionof 28 June 2001establishing a second phase of the programme of incentives, exchanges, training and cooperation for persons responsible for combating trade in human beings and the sexual exploitation of children (Stop II)(2001/514/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Articles 30(1), 31 and 34(2)(c) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) Article 29 of the Treaty on European Union states that the Union's objective is to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the fields of police and judicial cooperation in criminal matters, and that this objective is to be achieved by preventing and combating trade in human beings and the sexual exploitation of children.(2) The conclusions of the Tampere European Council call for action against trade in human beings and the sexual exploitation of children.(3) The nature of the questions addressed makes it essential to have a coordinated, multidisciplinary approach involving the various parties responsible for combating these crimes at European Union level; creating a framework for training, information, study and exchange programmes for persons responsible for combating trade in human beings and the sexual exploitation of children in all its forms is likely to enable these phenomena to be prevented and combated more effectively.(4) It is important, in view of the international dimension of trade in human beings and sexual exploitation of children, to confront the phenomenon at every stage in the chain: recruiters, transporters, exploiters, other intermediaries and clients.(5) The Stop programme, set up by Council Joint Action 96/700/JHA of 29 November 1996 establishing an incentive and exchange programme for persons responsible for combating trade in human beings and the sexual exploitation of children(3), has helped increase awareness within the European Union and step up cooperation between persons in the Member States responsible for combating trade in human beings and the sexual exploitation of children.(6) The Stop Programme has made clear that the European Union's objectives in combating trade in human beings and the sexual exploitation of children are attained more effectively at European level than by the individual Member States as a result of the exchange of experience, economies of scale and the cumulative impact of the actions undertaken.(7) The renewal of this programme, expressly envisaged by Joint Action 96/700/JHA and expressly requested by the European Parliament in its Resolution of 19 May 2000 entitled "On Further Actions in the Fight against Trafficking in Women", will enable this cooperation to be further improved.(8) It is desirable to ensure continuity for the projects supported by the Stop programme and to renew it for a second phase of two years.(9) The programme's activities must be tied in with those carried out under the Daphne programme, which aims to combat violence against children, adolescents and women.(10) It is necessary to take action at Community level to ensure coordination between the projects and facilitate networking between the promoters while respecting the subsidiarity principle.(11) The Stop programme must be opened up further to the applicant countries by facilitating their participation in the projects supported by the programme.(12) The measures necessary for the implementation of this Decision should be adopted in accordance with the procedures set out herein.(13) A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(4), is included in this Decision for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the EC Treaty,HAS ADOPTED THIS DECISION:Article 1Establishment of the programme1. This Decision establishes the second phase of the Stop programme for the exchange and training of, and cooperation between, persons responsible for combating trade in human beings and the sexual exploitation of children set up by Joint Action 96/700/JHA.2. The programme is hereby renewed for the period from 1 January 2001 to 31 December 2002.Article 2Programme objectives1. The programme shall contribute to the general objective of providing citizens with a high level of protection in an area of freedom, security and justice. Within this framework, it is intended to prevent and combat trade in human beings and all forms of sexual exploitation of children, including child pornography and the violence associated with it, and to help the victims of these criminal activities. It aims, in particular, to:(a) develop, implement and evaluate a European policy in this field;(b) encourage and strengthen networking and practical cooperation such as the exchange and dissemination of information, experience and good practice, and the improvement and adaptation of training and scientific and technical research;(c) give particular attention to participation in the projects developed by this programme to the public or private organisations, institutions or associations concerned in the applicant countries;(d) encourage the stepping up of cooperation with third countries and the competent regional and international organisations;2. The applicant countries may participate in projects in order to familiarise themselves with the Union acquis in this area and help them prepare for accession. Other third countries may also participate where this serves the aims of the projects.Article 3Access to the programme1. The programme shall co-finance projects submitted by any public or private organisations, institutions or associations in the Member States of the European Union involved in helping victims and preventing and combating trade in human beings and sexual exploitation of children.2. The programme is intended for persons responsible for assisting victims and for preventing and combating trade in human beings and the sexual exploitation of children, such as judges, public prosecutors, law enforcement authorities, public immigration and social service authorities, researchers and representatives of charitable organisations.3. To be eligible for co-financing, the projects must involve at least three Member States, or two Member States and one applicant country, and have the objectives mentioned in Article 2.4. The programme may also finance:(a) specific projects organised by Member States of particular interest in terms of either the programme's priorities or cooperation with the applicant countries;(b) complementary measures organised by Member States such as seminars, meetings of experts or other activities to disseminate the information obtained under the programme.Article 4Activities under the programmeThe programme shall comprise the following types of activities:(a) training;(b) exchanges and work experience placements;(c) studies and research;(d) meetings and seminars;(e) dissemination of the results obtained under the programme.Article 5Financing the programme1. The financial reference amount for the implementation of this programme for the period 2001 to 2002 shall be EUR 4 million.2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.3. The co-financing of a project by the programme shall be exclusive of any other financing by another programme financed by the general budget of the European Union.4. Financing decisions shall be followed by grant contracts between the Commission and the organisers. The financing decisions and contracts arising therefrom shall be subject to financial control by the Commission and to audits by the Court of Auditors.5. The proportion of financial support from the Community budget shall not exceed 70 % of the cost of the project.6. However, the specific projects and complementary measures mentioned in Article 3(4) can be financed to 100 %, up to a ceiling of 10 % of the total financial package allocated annually to the programme for specific projects under Article 3(4)(a) and 5 % for complementary measures under Article 3(4)(b).Article 6Implementation of the programme1. The Commission shall be responsible for the management and implementation of the programme, in cooperation with the Member States.2. The programme shall be managed by the Commission in accordance with the Financial Regulation applicable to the general budget of the European Communities.3. To implement the programme, the Commission shall:(a) prepare an annual work programme comprising specific objectives, thematic priorities and, if necessary, a list of specific projects and complementary measures;(b) evaluate and select the projects presented by the organisers mentioned in Article 3;4. The Commission shall submit to the Committee mentioned in Article 7 the draft measures to be taken to implement the project in sufficient time to enable the Member States to consider them. Examination of the drafts presented by the organisers shall be carried out in accordance with the advisory procedure laid down in Article 8. Examination of the Annual Work Programme, the specific projects and the complementary measures shall be carried out in accordance with the management procedure laid down in Article 9.5. The Commission shall, on the condition that they are compatible with the relevant policies, evaluate and select projects submitted by the organisers on the basis of the following criteria:(a) conformity with the programme's objectives;(b) European dimension of the project and scope for participation by the applicant countries;(c) compatibility with the work undertaken or planned within the framework of the European Union's political priorities on justice and home affairs and, in particular, the priority relating to police and judicial cooperation in criminal matters;(d) complementarity with other past, present or future cooperation projects;(e) ability of the organiser to implement the project;(f) multidisciplinary aspects of the project;(g) inherent quality of the project in terms of its conception, organisation, presentation and expected results;(h) amount of the subsidy requested under the programme and proportionality with the expected results;(i) impact of the expected results on the programme's objectives.These criteria will be prioritised in the annual work programme.Article 7Committee1. The Commission shall be assisted by a Committee, entitled the "Stop II Committee", consisting of representatives from the Member States and chaired by the Commission's representative.2. This Committee shall adopt its rules of procedure on a proposal by the basis of chair on the standard rules of procedure which have been published in the Official Journal of the European Communities.3. The Commission may invite representatives from the applicant countries to information meetings after the Committee's meetings.Article 8Advisory procedure1. Where reference is made to this Article, the Commission shall be assisted by an advisory Committee composed of the representatives of the Member States and chaired by the representative of the Commission.2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.3. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.4. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which the opinion has been taken into account.Article 9Management procedure1. Where reference is made to this Article, the Commission shall be assisted by a management Committee composed of the representatives of the Member States and chaired by the representative of the Commission.2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty establishing the European Community, in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.3. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission may defer application of the measures which it has decided on for a period of three months from the date of such communication.4. The Council, acting by qualified majority, may take a different decision within the period provided for by paragraph 3.Article 10Evaluation1. The Commission shall undertake each year an evaluation of the actions carried out in implementing the programme for the previous year. The outcome of the evaluation shall be forwarded to the Committee.2. Each year the Commission shall report each year to the European Parliament and the Council on the implementation of the programme. The first report shall be presented before 31 July 2002.Article 11Entry into forceThis Decision shall take effect from the day of its publication in the Official Journal.It shall apply until 31 December 2002.Done at Luxembourg, 28 June 2001.For the CouncilThe PresidentB. Rosengren(1) OJ C 96 E, 27.03.2001, p. 342.(2) Opinion delivered on 5 April 2001 (not yet published in the Official Journal).(3) OJ L 322, 12.12.1996, p. 7.(4) OJ C 172, 18.6.1999, p. 1.


title: Council Decision (CFSP) 2015/2276 of 7 December 2015 amending and extending Decision 2013/233/CFSP on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)

text:
               8.12.2015

               EN

               Official Journal of the European Union

               L 322/51

         COUNCIL DECISION (CFSP) 2015/2276
   of 7 December 2015
   amending and extending Decision 2013/233/CFSP on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 22 May 2013, the Council adopted Decision 2013/233/CFSP (1) establishing the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya).

               (2)

               On 21 May 2015, the Council adopted Decision (CFSP) 2015/800 (2) amending and extending Decision 2013/233/CFSP, in particular by extending EUBAM Libya until 21 November 2015 and providing for a financial reference amount for the same period.

               (3)

               EUBAM Libya should be extended for a further period of three months, until 21 February 2016.

               (4)

               Decision 2013/233/CFSP should be amended accordingly.

               (5)

               EUBAM Libya will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   Council Decision 2013/233/CFSP is amended as follows:

               (1)

               In Article 13, paragraph 1 is replaced by the following:
               ‘1.   The financial reference amount intended to cover the expenditure related to EUBAM Libya for the period from 22 May 2013 to 21 May 2014 shall be EUR 30 300 000.
               The financial reference amount intended to cover the expenditure related to EUBAM Libya for the period from 22 May 2014 to 21 February 2016 shall be EUR 26 200 000.’.

               (2)

               In Article 16, the second paragraph is replaced by the following:
               ‘It shall apply until 21 February 2016.’.

         Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 22 November 2015.

      Done at Brussels, 7 December 2015.

            For the Council

            The President

         C. CAHEN

      (1)  Council Decision 2013/233/CFSP of 22 May 2013 on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (OJ L 138, 24.5.2013, p. 15).

      (2)  Council Decision (CFSP) 2015/800 of 21 May 2015 amending and extending Decision 2013/233/CFSP on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (OJ L 127, 22.5.2015, p. 22).


Avis juridique important

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31983Y1102(03)

Decision No 119 of 24 February 1983 concerning the interpretation of Article 76 and Article 79 (3) of Regulation (EEC) No 1408/71 and of Article 10 (1) of Regulation (EEC) No 574/72 relating to the overlapping of family benefits and allowances

Official Journal C 295 , 02/11/1983 P. 0003 - 0004 Spanish special edition: Chapter 05 Volume 4 P. 0033  Portuguese special edition Chapter 05 Volume 4 P. 0033

ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS DECISION No 119 of 24 February 1983 concerning the interpretation of Article 76 and Article 79 (3) of Regulation (EEC) No 1408/71 and of Article 10 (1) of Regulation (EEC) No 574/72 relating to the overlapping of family benefits and allowances  THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS.  Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971, under which it is made responsible for dealing with all questions of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations;  Whereas it is essential to know the scope of the expression family benefits or family allowances payable "by reason of the pursuit of a professional or trade activity" found in Article 76 and Article 79 (3) of Regulation (EEC) No 1408/71;  Whereas if family benefits or family allowances are payable to two different persons in the course of one and the same period for the same member of the family under the legislation of the competent State and under the legislation of the State in the territory of which the members of the family are residing, entitlement to family benefits or family allowances under the legislation of the competent State shall be suspended by the application of Article 76 of Regulation (EEC) No 1408/71 if the family benefits or family allowances are payable "by reason of the pursuit of a professional or trade activity under the legislation of the other State ; and whereas Article 79 (3) of Regulation (EEC) No 1408/71 contains a similar provision concerning benefits for pensioners and orphans;  Whereas Article 76 and Article 79 (3) of Regulation (EEC) No 1408/71 do not distinguish between benefits or allowances payable by reason of a non-salaried professional or trade activity and those payable by reason of a salaried professional or trade activity;  Whereas, furthermore, the legislations of certain Member States provide that periods of suspension or interruption of actual professional or trade activity by reason of holidays, unemployment, temporary incapacity for work, strikes or lock-outs, shall be treated either as periods of professional or trade activity for the acquisition of entitlement to family benefits or family allowances or shall be regarded as periods of inactivity giving rise, where appropriate, either per se or as the result of preceding professional or trade activity, to the payment of family benefits or family allowances;  Whereas, in order to avoid any uncertainties or differences in interpretation, it is essential to define the scope of the expression "by reason of the pursuit of a professional or trade activity" in relation to the Community as a whole;  Whereas it is also essential to know the scope of the term professional or trade activity" as referred to in Article 10 (1) of Council Regulation (EEC) No 574/72 of 21 March 1972;  Whereas, if family benefits or allowances are payable to two different persons in the course of one and the same period for the same member of the family under the legislation of the competent State and under the legislation of another State according to which the acquisition of the right to benefits is not subject to conditions governing insurance, employment or self-employment, entitlement to family benefits or family allowances under the legislation of the competent State shall be suspended by the application of Article 10 (1) (a) of Regulation (EEC) No 574/72 where the spouse of the salaried worker or of the unemployed worker carries out professional or trade activity ; and whereas Article 10 (1) (b) of Regulation (EEC) No 574/72 contains a similar provision concerning benefits for pensioners and orphans;  Whereas, in the matter of overlapping of family benefits or allowances, the purpose of Article 10 (1) is to impart to the pursuit of a professional or trade activity in a Member State where entitlement to family benefits or allowances does not result from the pursuit of such activity the same effect as in Member States where this entitlement does arise from the pursuit of such activity ; and whereas, the interpretation of Articles 76 and 79 (3) of Regulation (EEC) No 1408/71 shall also apply in the case of Article 10 (1) of Regulation (EEC) No 574/72;  After deliberation in the light of the conditions laid down in Article 80 (3) of Regulation (EEC) No 1408/71,  HAS DECIDED:     1. For the purposes of Article 76 and Article 79 (3) of Regulation (EEC) No 1408/71, family benefits or family allowances shall be regarded as payable "by reason of the pursuit of a professional or trade activity":      (a) by the exercise of any professional or trade activity whether salaried or not ; and also           (b) in the course of any period of temporary suspension of such professional or trade activity        (i) as a result of sickness, maternity, accident at work, occupational disease or unemployment, as long as wages or benefits, excluding pensions, are payable in respect of these contingencies ; or               (ii) during paid leave, strike or lock-out.                                 2. For the purposes of Article 10 (1) of Regulation (EEC) No 574/72 there shall be regarded as exercise of "a professional or trade activity":      (a) the actual exercise of any professional or trade activity, whether salaried or not ; and also           (b) the temporary suspension of such professional or trade activity        (i) as a result of sickness, maternity, accident at work, occupational disease or unemployment, as long as wages or benefits, excluding pensions, are payable in respect of these contingencies ; or               (ii) during paid leave, strike or lock-out.                                 3. This Decision shall replace Decision No 84 of 22 February 1973. It shall enter into force on the first day following its publication in the Official Journal of the European Communities.          The Chairman  of the Administrative Commission  H. KAUPPER


title: 2006/847/EC: Decision of the European Parliament of 27 April 2006 on the closure of the accounts of the European Food Safety Authority for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/135

         DECISION OF THE EUROPEAN PARLIAMENT
   of 27 April 2006
   on the closure of the accounts of the European Food Safety Authority for the financial year 2004
   (2006/847/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Food Safety Authority for the financial year 2004, together with the Authority's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

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

               —

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

               —

               having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (4), and in particular Article 44 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0105/2006),

               1.

               Notes the following figures for the accounts of the European Food Safety Authority for the financial years 2004 and 2003:
               Revenue and expenditure account for the financial years 2004 and 2003

                           (1000 EUR)

                           2004

                           2003 (6)

                           Operating revenue

                           20 591

                           10 171

                              Total operating revenue

                              20 591

                              10 171

                           Administrative expenditure

                           Staff expenditure

                           - 7 564

                           - 3 213

                           Buildings and related expenditure

                           - 4 192

                           - 781

                           Other expenditure

                           - 1 263

                           - 536

                           Depreciation and write-off

                           - 333

                           - 204

                           Operating expenditure

                           - 6 431

                           - 2 159

                              Total operating expenditure

                              - 19 783

                              - 6 894

                              Total operating profit/loss

                              808

                              3 277

                           Revenue from financial operations

                           0

                           1

                           Expenditure from financial operations

                           - 7

                           - 3

                              Profit/(loss) on financial operations

                              - 6

                              - 2

                              Current profit/(loss)

                              802

                              3 275

                           Extraordinary revenue

                           402

                           Extraordinary expenditure

                           - 27

                              Extraordinary profit/(loss)

                              - 27

                              402

                              Economic outturn for the financial year

                              775

                              3 677

                              NB: Variations in totals are due to the effects of rounding.

               2.

               Approves the closure of the accounts of the European Food Safety Authority for the financial year 2004;

               3.

               Instructs its President to forward this decision to the Executive Director of the European Food Safety Authority, the Council, the Commission and the Court of Auditors and to have it published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 269, 28.10.2005, p. 21.

      (2)  OJ C 332, 28.12.2005, p. 45.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).

      (6)  The data for the financial year 2003 have been restated to make them comply with the principle of accruals-based accounting.

      NB: Variations in totals are due to the effects of rounding.
    ---documentbreak---

               6.12.2006

               EN

               Official Journal of the European Union

               L 340/137

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   with comments forming an integral part of the decision on the discharge for the implementation of the budget of the European Food Safety Authority for the financial year 2004
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Food Safety Authority for the financial year 2004, together with the Authority's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

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

               —

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

               —

               having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (4), and in particular Article 44 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0105/2006),

               A.

               whereas the Court of Auditors stated that it had obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2004 were reliable and that, except for irregularities in staff recruitment and contract awards, the underlying transactions, taken as a whole, were legal and regular,

               B.

               whereas the Court of Auditors states that it has obtained reasonable assurance from all the agencies, excepting the express reservations in respect of the 2004 financial year concerning the European Agency for Reconstruction, the European Centre for the Development of Vocational Training, the European Training Foundation, the European Monitoring Centre on Racism and Xenophobia and the European Food Safety Authority,

               1.

               Recalls that, under Article 185 of the Financial Regulation, Parliament shall give discharge for the implementation of the budgets of the bodies set up by the Communities and having legal personality which actually receive grants charged to the budget; points out, however, that not all of these bodies are fully, or even partially, funded via grants charged to the budget; emphasises that the discharge decision therefore covers both the budget and the non-budget funding of these bodies; considers it unacceptable that some of the bodies set up by the Union are accountable for the expenditure of income received from sources other than the budget whilst others, which do not receive a subsidy from the budget, are not; affirms the principle that all Community agencies, whether or not they are subsidised, are subject to discharge by Parliament, even when another discharge authority intervenes in accordance with their basic texts; takes the view that there is a need to review all texts that go against this principle;

               2.

               Finds table 1 of the Court of Auditors' report, introduced for the first time during the 2003 discharge exercise, which summarises the Authority's powers and responsibilities, governance, resources, activities and services provided, of great value; notes that the information contained in table 1 is supplied by the Authority; asks the Court of Auditors to verify the contents of table 1;

               3.

               Insists that as well as spending money properly, agencies should also strive to spend money as efficiently and effectively as possible; invites the Court of Auditors to consider the possibility of extending its specific annual reports on the agencies to include an examination of performance and achievement of objectives; in this context and in line with its resolutions on the 2003 discharge, insists that the following aspects be taken into account: that duplication of work among the agencies must be avoided as much as possible and that measures designed to improve transparency and communication with the public must be clarified, along with Community affirmative action measures at all levels of recruitment, training and the assignment of responsibilities;

               4.

               Notes that Community agencies do not always have a good image or good press and that many of them do not deserve such a negative image; points out that EU citizens should be made aware of this, with appropriate means being used to explain as often as is necessary the raisons d'être and achievements of the agencies; calls on the Commission to act accordingly, using whatever means it considers necessary;

               5.

               Notes that the enlargement of the European Union in 2004 has affected the structures and operating arrangements of the Community agencies in many ways, and that several of the agencies draw attention to these effects in their activity reports, focusing in particular on the increase in the number of administrators; calls on the Commission to assess the real or supposed problems encountered and to recommend the regulatory changes required;

               6.

               Notes that the Commission has made a commitment to harmonising the way in which activity reports concerning its directorates-general are presented; calls for a similar approach to be taken in respect of the activity reports of the Communities' agencies, which differ significantly in terms of content; calls on the Commission to point out to the Communities' agencies the information and activity indicators that they must provide;

               7.

               Notes the Court of Auditors' comments on the anomalies regarding the declarations of the authorising officers on which carry-overs of appropriations are partly based; welcomes the Authority's assurance that the system designed to inform the accounting officer of expenditure will be more accurate and reliable;

               8.

               Is disappointed to note that the Court of Auditors has again discovered anomalies in the application of the rules concerning staff recruitment; urges the Authority to apply with more transparency the rules regarding selection procedures; is pleased to note the Authority's assurance that selection procedures and recruitment decisions have been improved in order to improve transparency; urges the Authority to keep up its efforts to improve the regularity of staff recruitment procedures;

               9.

               Is concerned by the irregularities noted by the Court of Auditors in contract award procedures; welcomes the measures undertaken by the Authority with the aim of avoiding such problems in the future; urges the Authority to improve by any means necessary the transparency of its decisions on the award of contracts in order to avoid any suspicion of bias, as stressed by the Court of Auditors;

               10.

               Notes that 2004 was the second operating year for the Authority; recalls that, due to the delayed decision by the Council on its permanent seat, the Authority continued operating on a transitional basis;

               11.

               Notes that the Authority was not able to complete its establishment plan largely due to the announced move to Parma in 2005; considers it understandable, therefore, that with fewer staff it was not possible fully to implement all actions in the operating budget;

               12.

               Expresses its satisfaction with the full implementation of the commitment appropriations for both the operating and the administrative budget;

               13.

               Insists that the Authority act in compliance with Article 14(4) of Regulation (EC) No 178/2002, especially regarding the probable short and long-term effects on the health of consumers of new foods such as GMOs;

               14.

               Calls on the Commission to help the agencies follow as closely as possible the work plan agreed for the year ahead, allowing activities to be properly planned and implemented, and particularly to avoid major, last-minute changes to the work load;

               15.

               Asks the Commission to improve synergies between agencies by making cooperation more effective, avoiding duplication of work and addressing shortcomings, in particular as regards common areas such as training, the implementation of Community policies across the board, the use of the latest management systems and solving problems relating to sound management of the budget.

      (1)  OJ C 269, 28.10.2005, p. 21.

      (2)  OJ C 332, 28.12.2005, p. 45.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).