title: Council Decision 2011/133/CFSP of 21 February 2011 on the signing and conclusion of the Agreement between the European Union and Montenegro establishing a framework for the participation of Montenegro in European Union crisis management operations#Agreement between the European Union and Montenegro establishing a framework for the participation of Montenegro in European Union crisis management operations

text:
               2.3.2011

               EN

               Official Journal of the European Union

               L 57/1

         COUNCIL DECISION 2011/133/CFSP
   of 21 February 2011
   on the signing and conclusion of the Agreement between the European Union and Montenegro establishing a framework for the participation of Montenegro in European Union crisis management operations
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, in particular Article 37 thereof, and the Treaty on the Functioning of the European Union, in particular Article 218(5) and (6) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy (‘HR’),
   Whereas:

               (1)

               Conditions regarding the participation of third States in European Union crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than defining those conditions on a case-by-case basis for each operation concerned.

               (2)

               Following the adoption of a Decision by the Council on 26 April 2010 authorising the opening of negotiations, the HR negotiated an agreement between the European Union and Montenegro establishing a framework for the participation of Montenegro in European Union crisis management operations (‘the Agreement’).

               (3)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and Montenegro establishing a framework for the participation of Montenegro in European Union crisis management operations (‘the Agreement’) is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   The Agreement shall be applied on a provisional basis as from the date of signature thereof, pending the completion of the procedures for its conclusion (1).
   Article 4
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 16(1) of the Agreement.
   Article 5
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 February 2011.

            For the Council

            The President

         C. ASHTON

      (1)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      AGREEMENT
      between the European Union and Montenegro establishing a framework for the participation of Montenegro in European Union crisis management operations
      THE EUROPEAN UNION,
      of the one part, and
      MONTENEGRO,
      of the other part,
      hereinafter referred to as the ‘Parties’,
      Whereas:
      The European Union (EU) may decide to take action in the field of crisis management.
      The EU will decide whether third States will be invited to participate in EU crisis management operations.
      Conditions regarding the participation of Montenegro in EU crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than defining those conditions on a case-by-case basis for each operation concerned.
      Such an agreement should be without prejudice to the decision-making autonomy of the EU, and should not prejudge the case-by-case nature of the decisions of Montenegro to participate in EU crisis management operations.
      Such an agreement should only address future EU crisis management operations and should be without prejudice to any existing agreements regulating the participation of Montenegro in EU crisis management operations that have already been deployed,
      HAVE AGREED AS FOLLOWS:
      SECTION I

         GENERAL PROVISIONS

      Article 1
      Decisions relating to the participation
      1.   Following the decision of the European Union (EU) to invite Montenegro to participate in an EU crisis management operation, and once Montenegro has decided to participate, Montenegro shall provide information on its proposed contribution to the EU.
      2.   The assessment by the EU of Montenegro’s contribution shall be conducted in consultation with Montenegro.
      3.   The EU shall provide Montenegro with an early indication of the latter’s likely contribution to the common costs of the operation as soon as possible with a view to assisting Montenegro in the formulation of its offer.
      4.   The EU shall communicate the outcome of that assessment to Montenegro by a letter with a view to securing the participation of Montenegro in accordance with the provisions of this Agreement.
      Article 2
      Framework
      1.   Montenegro shall associate itself with the Council Decision by which the Council of the European Union decides that the EU will conduct the crisis management operation, and with any other decision by which the Council of the European Union decides to extend the EU crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
      2.   The contribution of Montenegro to an EU crisis management operation shall be without prejudice to the decision-making autonomy of the EU.
      Article 3
      Status of personnel and forces
      1.   The status of personnel seconded to an EU civilian crisis management operation and/or of the forces contributed to an EU military crisis management operation by Montenegro shall be governed by the agreement on the status of mission/forces, if concluded, between the EU and the State(s) in which the operation is conducted.
      2.   The status of personnel contributed to headquarters or command elements located outside the State(s) in which the EU crisis management operation is conducted, shall be governed by arrangements between the headquarters and command elements concerned and Montenegro.
      3.   Without prejudice to the agreement on the status of mission/forces referred to in paragraph 1, Montenegro shall exercise jurisdiction over its personnel participating in the EU crisis management operation.
      4.   Montenegro shall be responsible for answering any claims linked to the participation in an EU crisis management operation, from or concerning any of its personnel. Montenegro shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws and regulations. A model for such declaration is annexed to this Agreement.
      5.   The Parties agree to waive any and all claims, other than contractual claims, against each other for damage to, loss, or destruction of assets owned/operated by either Party, or injury or death to personnel of either Party, arising out of the performance of their official duties in connection with activities under this Agreement, except in the case of gross negligence or wilful misconduct.
      6.   Montenegro undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis management operation in which Montenegro participates, and to do so when signing this Agreement.
      7.   The EU undertakes to ensure that its Member States make a declaration as regards the waiver of claims, for any future participation of Montenegro in an EU crisis management operation, and to do so when signing this Agreement.
      Article 4
      Classified information
      The Agreement between the Government of Montenegro and the EU on the security of classified information, done at Brussels on 13 September 2010, shall apply in the context of EU crisis management operations.
      SECTION II

         PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS MANAGEMENT OPERATIONS

      Article 5
      Personnel seconded to an EU civilian crisis management operation
      1.   Montenegro shall ensure that its personnel seconded to the EU civilian crisis management operation undertake their mission in accordance with:

                  (a)

                  the Council Decision and subsequent amendments as referred to in Article 2(1);

                  (b)

                  the Operation Plan;

                  (c)

                  implementing measures.

            2.   Montenegro shall inform in due time the Head of Mission of the EU civilian crisis management operation (hereinafter ‘Head of Mission’) and the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter ‘HR’) of any change to its contribution to the EU civilian crisis management operation.
      3.   Personnel seconded to the EU civilian crisis management operation shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from Montenegro. Personnel seconded to the EU civilian crisis management operation shall produce a copy of that certification.
      Article 6
      Chain of command
      1.   Personnel seconded by Montenegro shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis management operation in mind.
      2.   All personnel shall remain under the full command of their national authorities.
      3.   National authorities shall transfer operational control to the EU.
      4.   The Head of Mission shall assume responsibility and exercise command and control of the EU civilian crisis management operation at theatre level.
      5.   The Head of Mission shall lead the EU civilian crisis management operation and assume its day-to-day management.
      6.   Montenegro shall have the same rights and obligations in terms of day-to-day management of the operation as EU Member States taking part in the operation, in accordance with the legal instruments referred to in Article 2(1).
      7.   The Head of Mission shall be responsible for disciplinary control over EU civilian crisis management operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.
      8.   A National Contingent Point of Contact (‘NPC’) shall be appointed by Montenegro to represent its national contingent in the operation. The NPC shall report to the Head of Mission on national matters and shall be responsible for day-to-day discipline of the contingent.
      9.   The decision to end the operation shall be taken by the EU, following consultation with Montenegro if it is still contributing to the EU civilian crisis management operation at the date of termination of the operation.
      Article 7
      Financial aspects
      1.   Without prejudice to Article 8, Montenegro shall assume all the costs associated with its participation in the operation apart from the running costs, as set out in the operational budget of the operation.
      2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, Montenegro shall, when its liability has been established, pay compensation under the conditions foreseen in the applicable agreement on the status of mission referred to in Article 3(1).
      Article 8
      Contribution to operational budget
      1.   Montenegro shall contribute to the financing of the operational budget of an EU civilian crisis management operation.
      2.   The financial contribution of Montenegro to the operational budget shall be calculated on the basis of either of the following formulae, whichever produces the lower amount:

                  (a)

                  the share of the reference amount which is in proportion to the ratio of Montenegro’s GNI to the total GNIs of all States contributing to the operational budget of the operation; or

                  (b)

                  the share of the reference amount for the operational budget which is in proportion to the ratio of the number of personnel from Montenegro participating in the operation to the total number of personnel of all States participating in the operation.

            3.   Notwithstanding paragraphs 1 and 2, Montenegro shall not make any contribution towards the financing of per diem allowances paid to personnel of the EU Member States.
      4.   Notwithstanding paragraph 1, the EU shall, in principle, exempt Montenegro from financial contributions to a particular EU civilian crisis management operation when:

                  (a)

                  the EU decides that Montenegro provides a significant contribution which is essential for this operation; or

                  (b)

                  Montenegro has a GNI per capita which does not exceed that of any EU Member State.

            5.   An arrangement on the payment of the contributions of Montenegro to the operational budget of an EU civilian crisis management operation shall be signed between the Head of Mission and the relevant administrative services of Montenegro. That arrangement shall, inter alia, include the following provisions:

                  (a)

                  the amount concerned;

                  (b)

                  the arrangements for payment of the financial contribution;

                  (c)

                  the auditing procedure.

            SECTION III

         PROVISIONS OF PARTICIPATION IN MILITARY CRISIS MANAGEMENT OPERATIONS

      Article 9
      Participation in an EU military crisis management operation
      1.   Montenegro shall ensure that its forces and personnel participating in an EU military crisis management operation undertake their mission in accordance with:

                  (a)

                  the Council Decision and subsequent amendments as referred to in Article 2(1);

                  (b)

                  the Operation Plan;

                  (c)

                  implementing measures.

            2.   Personnel seconded by Montenegro shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.
      3.   Montenegro shall inform the EU Operation Commander in due time of any change to its participation in the operation.
      Article 10
      Chain of command
      1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.
      2.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander, who is entitled to delegate his authority.
      3.   Montenegro shall have the same rights and obligations in terms of the day-to-day management of the operation as participating EU Member States.
      4.   The EU Operation Commander may, following consultations with Montenegro, at any time request the withdrawal of Montenegro’s contribution.
      5.   A Senior Military Representative (‘SMR’) shall be appointed by Montenegro to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for the day-to-day discipline of the Montenegro contingent.
      Article 11
      Financial aspects
      1.   Without prejudice to Article 12, Montenegro shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 2(1), as well as in Council Decision 2008/975/CFSP of 18 December 2008 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (1).
      2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, Montenegro shall, when its liability has been established, pay compensation under the conditions foreseen in the applicable agreement on the status of forces referred to in Article 3(1).
      Article 12
      Contribution to the common costs
      1.   Montenegro shall contribute to the financing of the common costs of an EU military crisis management operation.
      2.   The financial contribution of Montenegro to the common costs shall be calculated on the basis of either of the following two formulae, whichever produces the lower amount:

                  (a)

                  the share of the common costs which corresponds proportionally to the ratio of Montenegro’s GNI to the total GNIs of all States contributing to the common costs of the operation; or

                  (b)

                  the share of the common costs which corresponds proportionally to the ratio of the number of personnel from Montenegro participating in the operation to the total number of personnel of all States participating in the operation.

            Where the formula under point (b) of the first subparagraph is used and Montenegro contributes personnel only to the Operation or Force Headquarters, the ratio used shall be that of its personnel to that of the total number of the respective headquarters personnel. In other cases, the ratio shall be that of all personnel contributed by Montenegro to that of the total personnel of the operation.
      3.   Notwithstanding paragraph 1, the EU shall, in principle, exempt Montenegro from financial contributions to the common costs of a particular EU military crisis management operation when:

                  (a)

                  the EU decides that Montenegro provides a significant contribution to assets and/or capabilities which are essential for the operation; or

                  (b)

                  Montenegro has a GNI per capita which does not exceed that of any EU Member State.

            An arrangement shall be concluded between the Administrator provided for in Decision 2008/975/CFSP and the competent administrative authorities in Montenegro. That arrangement shall include, inter alia, provisions on:

                  (a)

                  the amount concerned;

                  (b)

                  the arrangements for payment of the financial contribution;

                  (c)

                  the auditing procedure.

            SECTION IV

         FINAL PROVISIONS

      Article 13
      Arrangements to implement the Agreement
      Without prejudice to Articles 8(5) and 12(4), any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the HR and the appropriate authorities of Montenegro.
      Article 14
      Non-compliance
      Should one of the Parties fail to comply with its obligations under this Agreement, the other Party shall have the right to terminate this Agreement by sending written notice of 1 month.
      Article 15
      Dispute settlement
      Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
      Article 16
      Entry into force
      1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal legal procedures necessary for its entry into force.
      2.   This Agreement shall be provisionally applied from the date of signature.
      3.   This Agreement shall be subject to regular review.
      4.   This Agreement may be amended on the basis of a mutual written agreement between the Parties.
      5.   This Agreement may be denounced by either Party by written notice of denunciation given to the other Party. Such denunciation shall take effect 6 months after receipt of notification by the other Party.

         Done at Brussels on the twenty-second day of February in the year two thousand and eleven in two copies, each in the English language.

               For the European Union

               For Montenegro

         (1)  OJ L 345, 23.12.2008, p. 96.

         TEXT FOR DECLARATIONS

            TEXT FOR THE EU MEMBER STATES:

         ‘The EU Member States applying an EU Council Decision on an EU crisis management operation in which Montenegro participates will endeavour, in so far as their internal legal systems so permit, to waive as far as possible claims against Montenegro for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

                     —

                     was caused by personnel from Montenegro in the execution of their duties in connection with an EU crisis management operation, except in case of gross negligence or wilful misconduct, or

                     —

                     arose from the use of any assets owned by Montenegro, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from Montenegro using those assets.’

            TEXT FOR MONTENEGRO:

         ‘Montenegro applying an EU Council Decision on an EU crisis management operation will endeavour, in so far as its internal legal system so permit, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

                     —

                     was caused by personnel in the execution of their duties in connection with an EU crisis management operation, except in case of gross negligence or wilful misconduct, or

                     —

                     arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.’


title: 2011/582/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2009#Resolution of the European Parliament of 10 May 2011 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/167

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2009
   (2011/582/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2009, together with the Centre’s replies (1),

               —

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

               —

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

               —

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

               —

               having regard to Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (3), and in particular Article 15 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0120/2011),

               1.

               Grants the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge in respect of the implementation of the Centre’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 162.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 376, 27.12.2006, p. 1.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2011
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2009
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2009,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2009, together with the Centre’s replies (1),

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (3), and in particular Article 15 thereof,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0120/2011),

                  A.

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

                  B.

                  whereas on 5 May 2010 Parliament granted the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge for implementation of the Centre’s budget for the financial year 2008 (5), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              stressed how important it is for the Centre to set SMART objectives and RACER indicators in its programming, with a view to assessing its performance,

                              —

                              noted that the Centre’s accounts for the financial year 2008 show income from interest as an amount of EUR 107 591,31,

                              —

                              congratulated the Centre on its close cooperation with the European Maritime Safety Agency, which is also based in Lisbon, in order to share buildings and make joint use of infrastructures and services, and noted that its move into its own premises was scheduled for the third quarter of 2009,

                  C.

                  whereas the budget of the Centre for the year 2009 was EUR 14 720 000, which is a decrease of 2,25 % on the financial year 2008,

                  1.

                  Is pleased to note that the Court of Auditors has been able to obtain reasonable assurances that the annual accounts of the Centre for the financial year 2009 are in all material respects, reliable and that the underlying transactions, taken as a whole, are legal and regular;

         Performance

                  2.

                  Welcomes the Centre’s initiative to run a computerised network for the collection and exchange of information called ‘European information network on Drugs and Drug Addiction’; notes that this network connects national drug information networks, specialist centres in the Member States and the information systems of international organisations working with the Centre;

                  3.

                  Notes that the Centre appointed an extra full-time member of staff to improve its planning and monitoring system and to develop suitable indicators;

                  4.

                  Calls on the Centre to consider making a Gantt diagram part of the programming for each of its operational activities, with a view to indicating in concise form the amount of time spent by each staff member on a project and encouraging an approach geared towards achieving results;

                  5.

                  Congratulates the Centre for having set out, in a table annexed to the Court of Auditors’ 2009 report, a comparison of the operations that were carried out during 2009 and 2008 so as to enable the discharge authority to assess more effectively its performance from one year to the next; notes that the Centre has increased its number of thematic papers and policy briefings;

                  6.

                  Notes that discharge for the implementation of the budget for the Centre should be further based on its performance throughout the year;

         Carry-over appropriations

                  7.

                  Calls on the Centre to put in place appropriate instructions and procedures for the analysis of potential carry forwards in order to reduce the volume of appropriations carried over to the minimum necessary to cover the amounts still due against the year’s commitments; considers it also important for the Centre to improve the programming and the monitoring of activities with a view to reducing carry-over; notes, in fact, that the Court of Auditors reported EUR 339 000 of carry forwards in the Centre’s 2009 appropriations for Title II- Administrative expenditure (26 %), EUR 250 000 of which corresponded to commitments without any payment, mostly for activities related to 2010;

         Cash management

                  8.

                  Welcomes the fact that the Centre has further enhanced the annual forecast of its cash needs; notes that this forecast is constantly updated and submitted as a supporting document to the relevant Commission services to justify the Centre’s quarterly request for payment of the next instalment of its annual subsidy allocated by the Union;

                  9.

                  Calls for clarification of the applicable rules on internal assigned revenues in the light of the questions which were raised after the refund of part of the accumulated surplus of the Translation Centre to the Centre; notes the Centre’s response pointing out that a number of agencies are faced with the same problem; suggests that in future a joint approach should be adopted to deal with this type of horizontal problem;

         Human resources

                  10.

                  Calls on the Centre to continue to ensure consistent implementation of the approved staff appraisal procedure through adequate information and guidance to reporting officers and jobholders;

         Internal audit

                  11.

                  Welcomes the Centre’s initiative of providing the discharge authority with the Internal Audit Service (IAS) Annual Internal Audit Report on the Centre; considers this to be an indication of transparency and an example of best practice to be followed by all other agencies;

                  12.

                  Acknowledges that in 2009 the IAS performed an audit on grant management to provide the Centre’s Director with reasonable assurance as regards the adequacy and effectiveness of the internal control system applicable to the grant management at the Centre; notes in this respect that the IAS found deficiencies in the Centre’s compliance with the current Commission’s guidelines for grant agreements, in the implementation of the Centre’s grant agreement and in its grant reporting; welcomes, nevertheless, the Centre’s positive results and its ongoing efforts to establish and maintain a quality management of the grant procedures, aiming at ensuring high quality of funded actions as well as of administrative and financial execution of the grants;

                  13.

                  Calls on the Centre to inform the discharge authority of the progress made on risk management and, in particular, on its annual risk analysis;

                  14.

                  Acknowledges that 9 of the 19 IAS recommendations opened in 31 December 2009 are considered ‘very important’ and mainly concern: the adaptation of the Centre’s grant agreement, the quality control of the new location, the precautions against damage from flooding, the Business Continuity Plan and the investment in equipment; urges, therefore, the Centre to implement without delay these 9 ‘very important’ recommendations and inform the discharge authority of the progress made;

                  15.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (6) on the performance, financial management and control of the agencies.

         (1)  OJ C 338, 14.12.2010, p. 162.

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

         (3)  OJ L 376, 27.12.2006, p. 1.

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

         (5)  OJ L 252, 25.9.2010, p. 160.

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


title: 2011/602/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights for the financial year 2009#Resolution of the European Parliament of 10 May 2011 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/220

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights for the financial year 2009
   (2011/602/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2009,

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (3), and in particular Article 21 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0130/2011),

               1.

               Grants the Director of the European Union Agency for Fundamental Rights discharge in respect of the implementation of the Agency’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 10.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 53, 22.2.2007, p. 1.

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

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

                  —

                  having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2009,

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (3), and in particular Article 21 thereof,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0130/2011),

                  A.

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

                  B.

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

                              —

                              encouraged the Agency to set SMART objectives and RACER indicators in its programming so as to improve assessment of its achievements,

                              —

                              congratulated the Agency on having started in mid-2009 to implement Activity Based Budget software that will provide clear indicators on the financial and human resources allocated,

                              —

                              noted that, having opened its investigation concerning the Agency in 2008, the European Anti-Fraud Office (OLAF) closed it in 2009 with no further action,

                  C.

                  whereas the budget of the Agency for 2009 was EUR 17 000 000, which is an increase of 13,3 % on the financial year 2008,

                  1.

                  Notes that the discharge for the implementation of the budget for the Agency should be further based on its performance throughout the year;

         Budgetary and financial management

                  2.

                  Urges the Agency to improve its budgetary and recruitment planning in order to redress the lack of consistency between its budgetary and staff forecasting; acknowledges, in fact, the Court of Auditors’ observation that the Agency increased its operating budget by 38 %, transferring EUR 1 900 000 from Title I (Staff) to Title III (Operational activities) as a result of delays in recruitment and in order to finance operational activities not envisaged in the initial budget; takes note, nevertheless, of the external factors (such as appointment of a new Director and finalisation of an important framework contract launched by the Commission);

                  3.

                  Calls on the Agency to make progress in ensuring, as far as possible, a realistic evaluation of tenders; notes, in fact, that the Court of Auditors reported on this issue in respect of the award of three framework contracts of a total amount of EUR 2 575 000; stresses, in particular, that in these three cases the financial offers differed considerably in both unit prices and the tenderers’ estimates of the number of man-days necessary for the implementation of the same scenario;

                  4.

                  Welcomes the Agency’s resolution to improve the programming and monitoring of its contracts in order to avoid, in the future, the deficiencies reported by the Court of Auditors; calls, accordingly, on the Agency to inform the discharge authority of the action taken in this respect;

         Internal audit

                  5.

                  Acknowledges that out of the nine recommendations of the Internal Audit Service (IAS), following an audit on financial management, four are still to be implemented by the Agency; notes, in particular, that these concern financing decisions, information needs for reporting and monitoring purposes, work programmes showing all available resources of the budget, and financial procedures and checklists; urges the Agency to take measures to implement these recommendations;

                  6.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (6) on the performance, financial management and control of the agencies.

         (1)  OJ C 338, 14.12.2010, p. 10.

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

         (3)  OJ L 53, 22.2.2007, p. 1.

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

         (5)  OJ L 252, 25.9.2010, p. 207.

         (6)  Texts adopted, P7_TA(2011)0163 (see page 269 of this Official Journal).


title: 2013/600/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2011#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/299

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2011
   (2013/600/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 — C7-0041/2013),

               —

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

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (4), and in particular Article 8 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 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0104/2013),

               1.

               Grants the Director-General of the Euratom Supply Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director-General of the Euratom Supply 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 388, 15.12.2012, p. 171.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 41, 15.2.2008, p. 15.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2011, together with the Agency’s replies (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05753/2013 — C7-0041/2013),

                  —

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

                  —

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

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

                  —

                  having regard to Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (4), and in particular Article 8 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 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0104/2013),

                  A.

                  whereas the Euratom Supply Agency (‘the Agency’) was established in Luxembourg in 1958; whereas Decision 2008/114/EC established new statutes for the Agency and it thus became a European agency,

                  B.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the Agency for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  1.

                  Notes that in 2011, the Agency did not receive any subsidy to cover its operations and that the Commission bore all expenses incurred by the Agency for the implementation of its 2011 budget; notes that this situation has continued since the creation of the Agency in 2008;

                  2.

                  Notes that in the absence of an autonomous budget, the Agency was integrated de facto in the Commission in 2011 and that this situation was at odds with its Statutes;

                  3.

                  Notes, however, that in 2011, the Commission adopted the proposal to re-establish a specific budget line (namely budget line 32 01 06) for the Agency and as a result, it was granted a subsidy of EUR 98 000 by the Commission in 2012, with a total budget of EUR 104 000 (including financial revenues) in 2012; considers that this represents a major achievement in addressing the current concerns;

                  4.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its Resolution of 17 April 2013 (6) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 171.

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

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

         (4)  OJ L 41, 15.2.2008, p. 15.

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

         (6)  Texts adopted, P7_TA(2013)0134 (See page 374 of this Official Journal).


title: 2013/578/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European Institute for Gender Equality for the financial year 2011#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Institute for Gender Equality for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/235

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European Institute for Gender Equality for the financial year 2011
   (2013/578/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Institute for Gender Equality for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Institute for Gender Equality for the financial year 2011, together with the Institute’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

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

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality (4), and in particular Article 14 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), 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 Women’s Rights and Gender Equality (A7-0081/2013),

               1.

               Grants the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Institute for Gender Equality, 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 388, 15.12.2012, p. 98.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 403, 30.12.2006, p. 9.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Institute for Gender Equality for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Institute for Gender Equality for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Institute for Gender Equality for the financial year 2011, together with the Institute’s replies (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

                  —

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

                  —

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

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality (4), and in particular Article 14 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), 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 Women’s Rights and Gender Equality (A7-0081/2013),

                  A.

                  whereas the European Institute for Gender Equality (‘the Institute’) was established on the basis of Regulation (EC) No 1922/2006 and gained its independence on 15 June 2010,

                  B.

                  whereas the Court of Auditors has stated that it has obtained reasonable assurances that the annual accounts of the Institute for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  C.

                  whereas 2011 was the first complete operational year for the Institute since it gained its financial and administrative independence in June 2010,

                  D.

                  whereas the Institute’s structure is based on the mandate and tasks defined in the basic regulation establishing the Agency and on the objectives approved by the Institute’s Management Board in the Mid-term Work Programme 2010-2012 and the Annual Work Programme,

                  E.

                  whereas the overall budget of the Institute for the financial year 2011 was EUR 7 530 000, compared to an overall budget of EUR 5 678 123,09 for the financial year 2010, which shows a 32,6 % increase; whereas the budget of the Institute is entirely financed by the Union’s contribution,

                  F.

                  whereas at the end of 2011, the Institute recorded a positive budget outturn of EUR 1 156 400,29 (6), after deduction of exchange rate differences equal to EUR 2 650,64, which was then recorded in the accounts as a liability towards the Commission,

         Budgetary and financial management

                  1.

                  Recalls that the Institute was granted administrative and financial autonomy on 15 June 2010; notes that as a result of this, all 2010 procurement procedures were launched mainly in the last quarter of 2010;

                  2.

                  Notes that the budget execution is prepared on the basis of modified cash accounting, which means that payment appropriations carried over are recorded together with payments made and revenue received;

                  3.

                  Takes note from the annual accounts that the execution of payments during 2011 was more effective than in 2010, showing a considerable improvement under all the Titles; establishes from the annual accounts that the Institute registered a budget execution ratio of 44,19 % for payments and of 88,54 % for commitments at the end of 2011;

                  4.

                  Acknowledges from the annual accounts (7) that the payment ratio under Title I ‘Staff Expenditure’ increased to 88,49 % in 2011, compared to 49,19 % in 2010; calls on the Institute to inform the discharge authority of the further actions taken to improve the ratio;

                  5.

                  Takes note from the annual accounts that the executed payments under Title II ‘Administrative Expenditure’ increased to 34,71 % in 2011, compared to 28,99 % in 2010; calls on the Institute to inform the discharge authority of the actions taken to improve the ratios as the low execution ratios show difficulties in budget planning and implementation;

                  6.

                  Observes from the annual accounts the very low execution ratio of 18,36 % for payments under Title III ‘Operational Expenditure’; notes that this is due to a significant number of procurements which were launched in the last part of 2010, once the Institute became administratively autonomous in June of that year; calls on the Institute to inform the discharge authority of the actions taken since then to improve the ratios as the low execution ratios show difficulties in budget planning and implementation;

                  7.

                  Notes from the annual accounts that EUR 3 339 551,93 of commitment appropriations contracted by the end of 2011 but not yet paid were carried forward to 2012, which represents 50 % of total commitments; notes, furthermore, that the total amount of carried forward appropriations which were cancelled (i.e. carried forward from 2010 and not paid in 2011) represents EUR 295 741,61 due to this being the first full year of operation in which staff undertook different kinds of procurement procedures for the first time, initiated measures including a late request for a Presidency event, and other actions, in the second half of the year; calls on the Institute to inform the discharge authority of the actions taken to ensure a satisfactory budget execution rate in the future;

                  8.

                  Acknowledges from the annual accounts that at the end of 2010, the Institute did not proceed with the necessary de-commitment exercise and that all automatic carry-overs took place;

         Accounting

                  9.

                  Establishes that in 2010, the Institute defined the responsibilities of financial actors for staff members and developed financial circuits for commitments; notes, moreover, that the Institute nominated all financial actors defining their roles and responsibilities by the end of 2010;

                  10.

                  Acknowledges that the Institute received three financial transfers from the Commission for a total amount of EUR 7 530 000 (respectively EUR 3 390 000 in the first transfer, EUR 2 070 000 in the second transfer and EUR 2 070 000 in the third transfer);

         Public procurement

                  11.

                  Takes note from the Annual Report that in 2011, the Institute registered six exceptions for the financial transactions which were discussed with the management, team leaders and relevant staff to avoid future mistakes; calls on the Institute to inform the discharge authority of the actions taken to address this deficiency;

                  12.

                  Observes that in 2011, 123 procurement procedures in Operations and Administration were finalised and that the overall procurement represented around 50 % of Institute’s overall budget; also observes that the procurement activities of 2011 have been carried out in line with the Work Programme 2011;

         Human resources

                  13.

                  Takes note from the annual accounts that in 2011, the Institute has concluded the recruitment of three temporary agents and three contract agents (while in 2010, the Institute recruited 23 temporary agents) and reached 94 % of its Establishment Plan occupancy, compared to 92,3 % in 2010; welcomes the improvement of the occupancy rate of the Institute’s establishment plan, which shall contribute to its the effective functioning;

                  14.

                  Acknowledges from the IAS that a range of policies, strategies, procedures and guidelines support the implementation of the Staff Regulation provisions in the Institute; notes that some points are still under development and should be completed at a later stage; particularly with the adoption of IT tools for human resources management (namely issues like the preparation of job descriptions, setting up personal objectives and formalising individual training plans); calls on the Institute to inform the discharge authority of the actions taken to address the above-mentioned issues;

         Performance

                  15.

                  Welcomes the Institute’s second ex ante evaluation report of 8 September 2011, focusing on the Institute’s specific objectives and operations and aiming to provide guidance to the Institute’s management in finalising objectives and activities; points out that, at a time of economic crisis and austerity, it is vital that the Institute offers the best value for money without jeopardising the successful fulfilment of its important remit;

                  16.

                  Welcomes the Institute’s establishment of the Resource and Documentation Centre as a unique European source of institutional and methodological gender equality knowledge;

                  17.

                  Stresses that the objectives and the tasks of the Institute require that a separate, dedicated entity is maintained within the institutional framework;

         Location

                  18.

                  Notes from the Annual Report that on 1 March 2010, the Institute’s staff was relocated from its temporary premises in Brussels to its permanent seat in Vilnius, Lithuania;

                  19.

                  Acknowledges from the Annual Report that the Government of the Republic of Lithuania ensured the payment of the Institute’s office rent for a period of two years until 15 December 2011;

                  20.

                  Welcomes the unique initiative, in coordination with the other representations of Union institutions in Vilnius (the Commission’s Representation and the European Parliament’s Information Office), to identify and select common premises; notes that the newly established ‘EU House’ proved necessary and will benefit synergies, increase the Union’s visibility, cost saving and sharing;

         Internal audit

                  21.

                  Welcomes the first audit activities conducted in 2011 in the Institute by the Internal Audit Service (IAS); notes from the IAS report (8) that there are neither open ‘critical’ nor open ‘very important’ recommendations stemming from the IAS reports of 31 December 2011;

                  22.

                  Notes that the IAS carried out a limited review of the implementation of Internal Control Standards at the Institute in December 2011; notes that the Institute accepted the recommendation to finalise the procedure for the implementation of the Internal Control Standards and management adopted an action plan to be implemented in 2012; calls on the Institute to inform the discharge authority of the actions taken in respect of the recommendations;

                  23.

                  Acknowledges that the IAS risk analysis identified certain processes (9) which could not be considered within the IAS audit plan, as the controls were assessed as absent or insufficient;

                  24.

                  Notes from the observations of the Court of Auditors that the Institute needs to improve the documentation of physical inventory taking for fixed assets and the estimation of accrued charges;

                  25.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 17 April 2013 (10) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 98.

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

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

         (4)  OJ L 403, 30.12.2006, p. 9.

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

         (6)  Annual accounts 2011, p. 22.

         (7)  Annual accounts 2011, p. 34.

         (8)  Annual Internal Audit report for 2011, p. 6.

         (9)  Annual Internal Audit report for 2011, p. 4.

         (10)  Texts adopted, P7_TA(2013)0134 (See page 374 of this Official Journal).


title: 2011/610/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the ARTEMIS Joint Undertaking for the financial year 2009#Resolution of the European Parliament of 10 May 2011 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the ARTEMIS Joint Undertaking for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/242

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the ARTEMIS Joint Undertaking for the financial year 2009
   (2011/610/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the ARTEMIS Joint Undertaking for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Artemis Joint Undertaking for the financial year ended 31 December 2009, together with the replies of the Joint Undertaking (1),

               —

               having regard to the Council’s recommendation of 15 February 2011 (05894/2011 — C7-0051/2011),

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘ARTEMIS Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems (3), and in particular Article 11(4) thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0126/2011),

               1.

               Grants the Executive Director of the ARTEMIS Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 342, 16.12.2010, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 30, 4.2.2008, p. 52.

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

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

                  —

                  having regard to the final annual accounts of the ARTEMIS Joint Undertaking for the financial year 2009,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the Artemis Joint Undertaking for the financial year ended 31 December 2009, together with the replies of the Joint Undertaking (1),

                  —

                  having regard to the Council’s recommendation of 15 February 2011 (05894/2011 — C7-0051/2011),

                  —

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

                  —

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

                  —

                  having regard to Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘ARTEMIS Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems (3), and in particular Article 11(4) thereof,

                  —

                  having regard to the Financial Rules of the ARTEMIS Joint Undertaking adopted by Decision of its Governing Board on 18 December 2008,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0126/2011),

                  A.

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

                  B.

                  whereas the ARTEMIS Joint Undertaking was set up in December 2007 to define and implement a ‘Research Agenda’ for the development of key technologies for embedded computing systems across different application areas in order to strengthen European competitiveness and sustainability, and allow the emergence of new markets and societal applications,

                  C.

                  whereas the Joint Undertaking is in a start-up phase and had not yet fully established its internal control and financial reporting systems by the end of 2009,

         Implementation of the budget

                  1.

                  Notes that the Joint Undertaking final 2009 budget included commitment appropriations of EUR 46 000 000 and payment appropriations of EUR 8 000 000; further acknowledges that the utilisation rates for commitment and payment appropriations were 81 % and 20 % respectively;

                  2.

                  Recognises that the Joint Undertaking is still in a start-up period and therefore understands the relatively low utilisation rate for payment appropriations;

         Members’ contribution

                  3.

                  Calls on the Joint Undertaking to harmonise the presentation of members’ contributions in the accounts under the guidance of the Commission;

                  4.

                  Calls on the Joint Undertaking to further develop provisions on membership and co-financing and, in particular, on:

                              —

                              the arrangements for the accession of new members,

                              —

                              the in-kind contributions by members,

                              —

                              the terms and conditions under which the Joint Undertaking may audit the contributions of the members,

                              —

                              the conditions under which the Governing Board may approve co-financing;

         Internal control systems

                  5.

                  Urges the Joint Undertaking to complete the implementation of its internal controls and financial information system; calls specifically on the Joint Undertaking to:

                              —

                              improve its documentation of IT processes and activities and the mapping of IT risks,

                              —

                              develop a business continuity plan,

                              —

                              develop a data protection policy;

                  6.

                  Calls on the Joint Undertaking to include in its Financial Rules a specific reference to the powers of the Internal Audit Service (IAS) as its Internal Auditor, on the basis of the provision set out in the framework Financial Regulation for Community bodies;

                  7.

                  Considers, in particular, that the role of the IAS as Internal Auditor should be to advise the Joint Undertaking on dealing with risks, by issuing independent opinions on the quality of management and control systems and by issuing recommendations for improving the conditions of implementation of operations and promoting sound financial management; considers it to be also essential that the Joint Undertaking submit to the discharge authority a report drawn up by its Executive Director summarising the number and the type of internal audits conducted by the Internal Auditor, the recommendations made and the actions taken regarding these recommendations;

                  8.

                  Is of the opinion that, in view of the size of its budget and the complexity of its tasks, the Joint Undertaking should consider establishing an audit committee, reporting directly to the Governing Board;

         Lack of host agreement

                  9.

                  Urges the Joint Undertaking to rapidly conclude a host agreement with Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the Joint Undertaking as provided by Article 17 of Regulation (EC) No 74/2008.

         (1)  OJ C 342, 16.12.2010, p. 1.

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

         (3)  OJ L 30, 4.2.2008, p. 52.

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