title: 2012/566/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Police College for the financial year 2010#Resolution of the European Parliament of 10 May 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Police College for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/156

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Police College for the financial year 2010
   (2012/566/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Police College for the financial year 2010,

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) (3), and in particular Article 16 thereof,

               —

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

               —

               having regard to Commission Decision C(2011) 4680 of 30 June 2011 granting consent to a derogation requested by the European Police College from Regulation (EC, Euratom) No 2343/2002,

               —

               having regard to the report of the European Police College of 12 July 2010 on the Reimbursement of Private Expenditure (10/0257/KA),

               —

               having regard to the external audit commissioned by the European Police College (Contract Ref. No CEPOL/2010/001) on the reimbursement of private expenditure,

               —

               having regard to the final report on the five-year external evaluation of the European Police College (Contract Ref. No CEPOL/CT/2010/002),

               —

               having regard to the Annual Activity Report 2009 of the Directorate-General for Justice, Freedom and Security,

               —

               having regard to the fourth progress report of the European Police College on the implementation of its Multi-annual Action Plan (MAP) for 2010-2014,

               —

               having regard to the Court of Auditors’ report on the implementation of the European Police College MAP for 2010-2014,

               —

               having regard to the note of the Internal Audit Service (IAS) of 4 July 2011 (Ref. Ares (2011) 722479) on the third progress report on the implementation of the European Police College MAP for 2010-2014,

               —

               having regard to the report and annexes of the European Police College on the implementation of the European Parliament’s resolution on ‘2009 Discharge: European Police College’,

               —

               having regard to the report and annex of the European Police College on the application of its Procurement Manual for the period covering 1 July 2010-1 July 2011,

               —

               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 (A7-0119/2012),

               1.

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

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 134.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 256, 1.10.2005, p. 63.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2012
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Police College for the financial year 2010
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Police College for the financial year 2010,

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) (3), and in particular Article 16 thereof,

                  —

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

                  —

                  having regard to Commission Decision C(2011)4680 of 30 June 2011 granting consent to a derogation requested by the European Police College from Regulation (EC, Euratom) No 2343/2002,

                  —

                  having regard to the report of the European Police College of 12 July 2010 on the Reimbursement of Private Expenditure (10/0257/KA),

                  —

                  having regard to the external audit commissioned by the European Police College (Contract Ref. No CEPOL/2010/001) on the reimbursement of private expenditure,

                  —

                  having regard to the final report on the five-year external evaluation of the European Police College (Contract Ref. No CEPOL/CT/2010/002),

                  —

                  having regard to the Annual Activity Report 2009 of the Directorate-General for Justice, Freedom and Security,

                  —

                  having regard to the fourth progress report of the European Police College on the implementation of its Multi-annual Action Plan (MAP) for 2010-2014,

                  —

                  having regard to the Court of Auditors’ report on the implementation of the European Police College MAP for 2010-2014,

                  —

                  having regard to the note of the Internal Audit Service (IAS) of 4 July 2011 (Ref. Ares (2011) 722479) on the third progress report on the implementation of the European Police College MAP for 2010-2014,

                  —

                  having regard to the report and annexes of the European Police College on the implementation of the European Parliament’s resolution on ‘2009 Discharge: European Police College’,

                  —

                  having regard to the report and annex of the European Police College on the application of its Procurement Manual for the period covering 1 July 2010-1 July 2011,

                  —

                  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 (A7-0119/2012),

                  A.

                  whereas the European Police College (‘the College’) was set up in 2001 and, with effect from 1 January 2006, was transformed into a Community body within the meaning of Article 185 of the Financial Regulation, thus coming under the provisions of the Framework Financial Regulation for agencies,

                  B.

                  whereas the Court of Auditors in its reports on the annual accounts of the College for the financial years 2006, 2007 and 2009, qualified its opinion with regard to the legality and regularity of the underlying transactions on the grounds that the procurement procedures did not comply with the provisions of the Financial Regulation,

                  C.

                  whereas the Court of Auditors, in its report on the annual accounts of the College for the financial year 2008, added an emphasis of matter to its opinion on the reliability of the accounts, without expressly qualifying it, and qualified its opinion on the legality and regularity of the underlying transactions,

                  D.

                  whereas in its Decision of 7 October 2010 Parliament refused to grant the Director of the College discharge for implementation of the College’s budget for the financial year 2008,

                  E.

                  whereas in its Decision of 10 May 2011 Parliament decided to postpone its decision on granting the Director of the College discharge in respect of the implementation of its budget for 2009 (5) and then granted it in its Decision of 25 October 2011 (6),

                  F.

                  whereas, for the first time since the College became an agency, the Court of Auditors, in its report on the annual accounts of the College for the financial year 2010, expressed no reservations about the reliability of the accounts and the legality and regularity of the underlying transactions,

                  G.

                  whereas in its report on the College’s MAP for 2010-2014 the Court of Auditors stated that the College is progressing according to the milestones established in its MAP,

                  H.

                  whereas in its note of 4 July 2011 to the Director of the College the IAS stated that, although the description in the progress report on the implementation of the College’s MAP remains fairly general, it gives a clear overview of the status of the different milestones and should thereby serve as a satisfactory basis for informing different stakeholders,

                  I.

                  whereas by Decision C(2011)4680 of 30 June 2011 the Commission granted a derogation to the College from the provisions of Article 74b of Regulation (EC, Euratom) No 2343/2002,

                  J.

                  whereas the budget of the College for 2010 was EUR 7 800 000 compared to EUR 8 800 000 in 2009, which represents a decrease of 11,4 %; whereas the contribution of the Union to the budget of the College for 2010 was EUR 7 800 000 (7),

         Budget and Financial Management — General Observations

                  1.

                  Notes the College’s claim that the financial year 2010 was characterised by a lack of sufficient financial resources with a cut of EUR 1 000 000 in the Union contribution to the College’s budget; is surprised by this view, particularly in this time of crisis, as good management ensures correct and cost-efficient spending of the budget available and considering that 31,6 % of the College’s 2010 budget was carried over to 2011;

                  2.

                  Acknowledges however from the Commission that in 2009 the total Union contribution to the College amounted to EUR 8 800 000 out of which EUR 7 800 000 was financed from the 2009 budget and that the remaining balance of EUR 1 000 000 was actually financed from the 2007 assigned revenue stemming from the recovery of the College’s surplus for the year 2007; notes from the Commission that for 2010 it proposed to reduce the 2010 Union contribution to the College to the level of the 2009 voted appropriations, i.e. EUR 7 800 000 due to the 2008 low budget execution rate; encourages, therefore, the College to introduce a clear distinction between the different components of the Union contribution to the College’s budget in its yearly final annual accounts;

                  3.

                  Takes note from the College’s final annual accounts for the financial year 2010 that some deficiencies occurred in the preparation of individual budgets and commitments for courses and seminars which resulted in 2010 appropriations having been committed and paid to cover 2009 expenditure; reminds the College that this is at odds with the principle of annuality; calls on the College to take action in order to avoid a repeat of similar deficiencies in the future;

                  4.

                  Notes from the College’s Annual Activity Report 2010 that 99,56 % of the commitment appropriations have been committed; notes also that 46 % of the payment appropriations have been used but that the final figures for use of Title III (Operational Expenditure) were only due to be available at the end of 2011; takes note that the College’s 2010 final annual accounts indicate a rate of spent payment appropriations of 59,12 % in 2010;

                  5.

                  Acknowledges the measures taken by the new management and governance structure of the College to tackle its deficiencies in response to Parliament’s request for action, following the serious irregularities in the implementation of the budget for 2009;

                  6.

                  Draws attention to the fact that even though the Court of Auditors considered the transactions underlying the College’s annual accounts to be legal and regular, it also highlighted that, in respect of expenditure for organising courses and seminars, there was a lack of rigour in the College’s process for approving cost claims related to such activities, particularly concerning the completeness of supporting evidence; notes that in the reply from the College, mandatory requirements to submit a fully signed list of participants when submitting financial reports and cost claims were established by Decision 11/2011/GB of the Governing Board of the College of 10 March 2011;

                  7.

                  Takes note that, in accordance with Decision 11/2011/GB, the rules on reimbursement for the activities of the College have been revised to a large extent and that different measures for the strict implementation of the financial regulations and a rigorously disciplined approach concerning eligible costs, including those on the mandatory reporting, have been clarified;

                  8.

                  Deplores the fact that before the adoption of Decision 34/2010/GB of the Governing Board of the College of 29 September 2010, the cut-off dates for reimbursement of costs were not enforced, so that there was no substantial improvement in adhering to these cut-off dates; recalls that exceeding cut-off dates is one of the main factors hindering sound financial management; takes note of the fact that, in accordance with Decision 34/2010/GB, no reimbursement will take place of claims received after the cut-off date; asks the College to keep the discharge authority informed of the implementation of Decision 34/2010/GB;

                  9.

                  Acknowledges the statement by the College that the Commission cut the College’s 2010 budget by EUR 1 000 000 but stresses that the amount allocated for 2010 is the same as for 2009;

         Carry-over appropriations

                  10.

                  Notes from the College’s final annual accounts for the financial year 2010 that EUR 2 469 984,20 of the 2010 committed credits, which represents 31,6 % of the College’s 2010 budget, were carried forward to 2011; reminds the College that the situation is at odds with the principle of annuality;

                  11.

                  Regrets that the Court of Auditors does not mention the College’s appropriations carried forward in its report on the annual accounts of the College for the financial year 2010;

                  12.

                  Is concerned that even though the Court of Auditors has been able to obtain reasonable assurances that the annual accounts of the College for the 2010 financial year are, in all material aspects, reliable, the Court of Auditors observed that more than EUR 1 600 000, equivalent to 48 % of the appropriations carried over from 2009, had to be cancelled in 2010; reminds the College that this situation is at odds with the budgetary principle of annuality and can be reduced by better programming and monitoring the implementation of its budget to minimise carry-over of appropriations; calls therefore on the College to take effective action in this respect;

                  13.

                  Takes, none the less, note of the College’s reply which stated that, to avoid a repeat of the situation described by the Court of Auditors, the carry forward of 2010 appropriations was subject to strict criteria to minimise cancellations in 2011;

                  14.

                  Notes from the College that in 2010 it introduced weekly financial management meetings to improve budgetary implementation and control and that in June 2011, all open commitments were reviewed to better monitor the budget consumption and optimise the 2011 budget implementation; calls therefore on the Court of Auditors and the IAS to assure Parliament on the College’s effective improvements on this issue and to indicate that all instruments for programming and monitoring are firmly in place;

         Procurement procedures

                  15.

                  Notes that on 8 June 2010 the College adopted a procurement manual for internal use as requested by Parliament in its discharges to the College for 2008; notes also that this manual entered into force on 1 July 2010 and that a public procurement coordinator has been appointed;

         Completeness of the internal recording of mission expenses

                  16.

                  Calls on the College to inform the discharge authority of the effective implementation of the IAS ‘very important’ recommendation on the completeness of the internal recording of mission expenses;

         The College’s activities

                  17.

                  Notes from the Court of Auditors that expenditure for organising courses and seminars represents a significant part of the College’s budget; acknowledges that there was a lack of rigour in the College’s process for approving cost claims related to such activities, particularly with regard to the completeness of supporting evidence;

                  18.

                  Takes, however, note from the College’s statement that it has improved reporting and control on its activities and has revised the process for approving cost claims and their supporting evidence, and notably with the:

                              —

                              establishment of mandatory requirements to submit fully signed participant’s lists when submitting financial reports and cost claims,

                              —

                              revision of the rules for reimbursement of College activities, which have been clarified,

                              —

                              strict enforcement of the cut-off date after which a reimbursement claim will not be accepted which was introduced on 29 September 2010,

                              —

                              organisation of a new training course for course managers to further improve the controls on courses as well as the quality of the payment files,

                              —

                              implementation in 2011 of ex-post verifications of the College’s courses,

                              —

                              verification of four 2010 activities in Sweden and six in the United Kingdom, of which one was related to a 2010 activity and five to 2011 activities,

                        calls on the IAS to provide the discharge authority with a thorough evaluation of these changes introduced by the College;

                  19.

                  Acknowledges that Commission Decision C(2011)4680 granted consent to the College’s request to modify its Financial Regulation by introducing an Article (Article 74c) which includes a derogation from Regulation (EC, Euratom) No 2343/2002 concerning the exclusion for tender for the selection of educational experts in order to use experts from national police training colleges;

         Errors in the accounts

                  20.

                  Calls on the College to update Parliament on the level of implementation of the new 16 Internal Control Standards (ICS) of the Commission which were adopted by the Governing Board (GB) of the College replacing the former ICS;

         Appropriations used to finance private expenditure

                  21.

                  Acknowledges that an external ex-post check on appropriations used to finance private expenditure during 2007 and 2008 has been carried out and that the external reviewers considered that no further funds are recoverable in respect of this matter; notes from the College that the Recovery Order requiring the former Director to return the sum of GBP 2 014,94 (EUR 2 196,72) was cashed in December 2011; calls on the College to continue the recovery process until all funds are fully recovered;

         The College’s MAP for 2010-2014

                  22.

                  Acknowledges that the IAS assessed the implementation of the College’s Multi-annual Plan (MAP) 2010-2014 as was requested by the discharge authority; notes that by the end of September 2010, 19 of the 44 milestones had been completed whereas 18 milestones were on track with regard to the planned timetable and another 7 still await the initial start of implementation;

                  23.

                  Takes also note of the IAS statement that the description of some items in the MAP lack clarity and that the progress reporting is not always accurate enough to allow a clear understanding of what the individual milestones imply in terms of concrete actions; acknowledges moreover that the IAS identified overlap between some of the milestones which makes it difficult to assess the ultimate overall status of the related actions; acknowledges the College’s statement that the MAP was updated in accordance with the IAS recommendations and the improvements incorporated in the third progress report which was approved by the GB on 8 December 2010; calls on the IAS to confirm that the updated progress report on the College’s MAP reflects adequately their recommendations;

         Internal audit

                  24.

                  Acknowledges from the IAS that the very important recommendation on the completeness of the internal recording of mission expenses has been reported as implemented by the College and is currently under the IAS review; calls on the College and the IAS to inform the discharge authority of the results of the review;

                  25.

                  Takes note that the IAS performed an IT risk self-assessment with the objective of identifying and evaluating the key IT risks at the College; notes that the IAS identified the main risks in relation to: IT strategy, e-net system, data management and dependence upon individuals; calls therefore on the College to take appropriate action to address and prevent these risks;

                  26.

                  Notes that the internal audit function (IAC), advisory body for the GB, did not find any material mistakes in the College’s accounts for 2010 in its audit;

         Governance and structural deficiencies

                  27.

                  Underlines that the governance costs of the College are high compared to its activities; welcomes, therefore, the efforts of the College to reduce its governance expenditure at its 25th GB meeting of June 2011, when it was agreed that all GB committees should be abolished by 2012 and that all GB working groups should be critically analysed;

                  28.

                  Notes, also, from the College that the following measures are being implemented in the area of governance:

                              —

                              from 2012, the GB will only meet twice a year while urgent decisions in between meetings are to be taken by written procedure and discussed during web meetings,

                              —

                              the GB will focus only on the tasks that have been assigned to it by the College’s Founding Decision while the other tasks that previously overloaded the GB are to be taken over by the Director,

                              —

                              each Member State is encouraged to send a maximum of two delegates to each GB meeting,

                              —

                              the College is to take care of travel arrangements for participants eligible for reimbursement to ensure that the most economical means are used in order to cut out the reimbursement process after the meeting;

                  29.

                  Awaits with interest the submission by the Commission of the proposal for a change of legal basis for the College, as well as the outcome of the negotiations between Parliament and the Council;

                  30.

                  Notes moreover that the final report on the five-year external evaluation of the College concluded that there is a case for the College’s relocation;

                  31.

                  Welcomes Decision 24/2011/GB of the Governing Board of the College of 15 June 2011 disbanding existing committees as of 1 January 2012, thus reducing the overlap between different structures; calls on the GB to take drastic decisions concerning the existing working groups; recalls that Article 10(10) of Decision 2005/681/JHA provides that the GB may decide, ‘in cases of strict necessity’, to establish working groups to make recommendations and to develop and propose any other advisory tasks deemed necessary by the GB;

                  32.

                  Takes note of the response from the College that its Rules of Procedure were amended to limit the number of regular meetings of the GB to one per presidency and to restrict the size of national delegations, as each Member State is encouraged to send a maximum of two delegates to each meeting;

                  33.

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

                  34.

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

                  35.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (8) on the performance, financial management and control of the agencies.

         (1)  OJ C 366, 15.12.2011, p. 134.

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

         (3)  OJ L 256, 1.10.2005, p. 63.

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

         (5)  OJ L 250, 27.9.2011, p. 260.

         (6)  OJ L 313, 26.11.2011, p. 17.

         (7)  OJ L 64, 12.3.2010, p. 1047.

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

      ANNEX

         EUROPEAN PARLIAMENT RECOMMENDATIONS OVER THE PAST YEARS

                  European Police College

                  2006

                  2007

                  2008

                  2009

                  Performance

                  n.a.

                  n.a.

                  n.a.

                              —

                              Is concerned that the Court of Auditors identified severe short comings in the administrative and financial rules governing expenditure on the organisation of courses and seminars, mainly due to the revised College Financial Regulation never entered force

                              —

                              Recommends that the College provide direct access to its detailed budget

                  Budgetary and financial management

                              —

                              Budget appropriations were not used in accordance with the principle of sound financial management

                              —

                              The system of procurement did not comply with the provisions of the Financial Regulation

                              —

                              The College did not establish the necessary systems and procedures to enable it to prepare a financial report in compliance with the requirements of the framework Financial Regulation applicable to the Agencies

                              —

                              The College’s Financial Regulation foresees the need for detailed rules for the implementation of the regulation

                              —

                              The Agency does not comply with the principle of unity and accuracy of the budget (The budget did not include a contribution of EUR 1 500 000 received from the Commission in 2007 to implement a MEDA programme

                              —

                              The Agency does not comply with the principle of transparency

                              —

                              The high level of carry-overs (EUR 1 700 000) and cancellations of appropriations shows difficulties in budget management

                              —

                              Neither the provisional accounts nor the report on the budgetary and financial management had been prepared

                              —

                              The College’s Financial Regulation foresees the need for detailed rules for the implementation of the regulation

                              —

                              The system of procurement did not comply with the provisions of the Financial Regulation

                              —

                              Cases were identified where appropriations were used to finance the private expenditure of some of the College’s staff

                              —

                              The Agency did not comply with the principle of annuality (i.e. more than EUR 2 700 000 of the 2008 payment appropriations had to be carried forward)

                              —

                              Weaknesses in the programming and the monitoring of the implementation of the budget

                              —

                              More than EUR 3 800 000 of the 2009 appropriations (43 % of total budget) was carried forward to 2010.

                              —

                              46 % of appropriations carried over from 2008 had to be cancelled, indicates severe and recurrent weaknesses in the programming and monitoring of the implementation of the budget, at odds with the principle of annuality

                              —

                              For 2008, 31 % of budget had to be carried over.

                              —

                              Significant delays and errors in the preparation of the 2009 provisional accounts

                  Procurement procedure

                  n.a.

                  n.a.

                  n.a.

                  Concern with the persistent lack of compliance with the Financial Regulation with regard to Public Procurement rules. Significant amount of the total college’s budget contains irregularities.

                  Human resources

                  n.a.

                  n.a.

                  n.a.

                              —

                              Several weaknesses with regard to staff selection.

                              —

                              Finds unacceptable:

                                          —

                                          the thresholds that candidates had to meet were generally fixed after the evaluation and ranking of the candidates,

                                          —

                                          questions for interviews were often prepared after the examination of applications,

                                          —

                                          the documentation of procedures was inadequate

                                          —

                                          Is concerned about practices which are not allowed under Staff Regulations of the Officials of the EU or are illegal

                  Internal audit

                  n.a.

                              —

                              Absence of internal control standards and ineffective budgetary monitoring

                              —

                              Cases were identified where appropriations were used to finance the private expenditure of some of the College’s staff

                              —

                              The audit of a sample of commitments showed that, in three cases, there was no audit trail to retrace the financial execution

                              —

                              No external control on these cases has been already carried out

                  Notes the discharge in respect of the implementation of the budget of the College should be further based on its performance throughout the year


title: Council Decision 2013/178/CFSP of 25 February 2013 on the signing and conclusion of the Agreement between the European Union and the Republic of Mali on the status in the Republic of Mali of the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)#Agreement between the European Union and the Republic of Mali on the status in the Republic of Mali of the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)

text:
               16.4.2013

               EN

               Official Journal of the European Union

               L 106/1

         COUNCIL DECISION 2013/178/CFSP
   of 25 February 2013
   on the signing and conclusion of the Agreement between the European Union and the Republic of Mali on the status in the Republic of Mali of the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and (6) of the Treaty on the Functioning of the European Union,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               By letter dated 24 December 2012, the President of the Republic of Mali addressed an invitation letter to the High Representative of the Union for Foreign Affairs and Security Policy (HR) welcoming the deployment of an EU military training mission in Mali.

               (2)

               On 17 January 2013, the Council adopted Decision 2013/34/CFSP on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (1).

               (3)

               Article 9 of Decision 2013/34/CFSP provides that the status of EU-led units and personnel of EUTM Mali, including the privileges, immunities and further guarantees necessary for the fulfilment and smooth functioning of their mission, is to be the subject of an agreement concluded pursuant to Article 37 of the Treaty on European Union (TEU) and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union (TFEU).

               (4)

               Following the adoption of a Decision by the Council on 17 January 2013 authorising the opening of negotiations, the HR in accordance with Article 37 TEU negotiated an Agreement between the European Union and the Republic of Mali on the status in the Republic of Mali of the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (‘the Agreement’).

               (5)

               In accordance with Article 5 of the Protocol No 22 on the position of Denmark annexed to the TEU and to the TFEU, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in the implementation of this Decision and therefore does not participate in the financing of this mission.

               (6)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Republic of Mali on the status in the Republic of Mali of the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) 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
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 25 February 2013.

            For the Council

            The President

         S. COVENEY

      (1)  OJ L 14, 18.1.2013, p. 19.

      TRANSLATION
      AGREEMENT
      between the European Union and the Republic of Mali on the status in the Republic of Mali of the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)
      THE EUROPEAN UNION, hereinafter referred to as ‘the EU’,
      of the one part, and
      THE REPUBLIC OF MALI, hereinafter referred to as ‘the Host State’,
      of the other part,
      hereinafter referred to as ‘the Parties’,
      TAKING INTO ACCOUNT:

                  —

                  the letter from the President of the Republic of Mali dated 24 December 2012 inviting the EU to deploy a military training mission in the territory of the Republic of Mali;

                  —

                  Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (1);

                  —

                  that this Agreement will not affect the Parties’ rights and obligations under international agreements and other instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,

            HAVE AGREED AS FOLLOWS:
      Article 1
      Scope and definitions
      1.   This Agreement shall apply only within the territory of the Host State.
      2.   This Agreement shall apply to the EU military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and to its personnel.
      3.   For the purposes of this Agreement:

                  (a)

                  ‘EUTM Mali’ shall mean the military headquarters and national contingents, their facilities, assets and means of transport, contributing to the mission;

                  (b)

                  ‘mission’ shall mean the preparation, establishment, execution and support of EUTM Mali;

                  (c)

                  ‘Mission Commander’ shall mean the commander of EUTM Mali in the theatre of the mission;

                  (d)

                  ‘European Union (EU)’ shall mean the permanent bodies of the EU and their staff;

                  (e)

                  ‘EU military headquarters’ shall mean the military headquarters and elements thereof, whatever their location, under the authority of EU military commanders exercising the military command or control of EUTM Mali;

                  (f)

                  ‘national contingents’ shall mean units and elements belonging to the Member States of the EU and to other States participating in EUTM Mali;

                  (g)

                  ‘EUTM Mali personnel’ shall mean the civilian and military personnel assigned to EUTM Mali as well as personnel deployed for the preparation of the mission and personnel on mission for a Sending State or an EU institution or body in the context of the mission, present, except as otherwise provided in this Agreement, within the territory of the Host State, with the exception of personnel employed locally and personnel employed by international commercial contractors;

                  (h)

                  ‘personnel employed locally’ shall mean personnel who are nationals of or permanently resident in the Host State;

                  (i)

                  ‘EUTM Mali facilities’ shall mean all premises, accommodation and land areas required for EUTM Mali and EUTM Mali personnel;

                  (j)

                  ‘Sending State’ shall mean a State providing a national contingent for EUTM Mali;

                  (k)

                  ‘official correspondence’ shall mean all correspondence relating to EUTM Mali and its functions;

                  (l)

                  ‘EUTM Mali assets’ shall mean equipment and consumer goods necessary for the mission;

                  (m)

                  ‘EUTM Mali means of transport’ shall mean all vehicles and other means of transport owned, hired or chartered by EUTM Mali that are necessary for the mission.

            Article 2
      General provisions
      1.   EUTM Mali and EUTM Mali personnel shall respect the laws and regulations of the Host State and shall refrain from any action or activity incompatible with the objectives of the mission.
      2.   EUTM Mali shall regularly inform the Government of the Host State of the number of members of EUTM Mali personnel stationed within the Host State’s territory.
      Article 3
      Identification
      1.   EUTM Mali personnel present in the territory of the Host State shall carry passports or military identity cards with them at all times.
      2.   EUTM Mali vehicles and other means of transport shall carry distinctive EUTM Mali identification markings and/or registration plates, of which the relevant Host State authorities shall be notified.
      3.   EUTM Mali shall have the right to display the flag of the European Union and markings such as military insignia, titles and official symbols on its facilities and means of transport. The uniforms of EUTM Mali personnel shall carry a distinctive EUTM Mali emblem. National flags or insignia of the constituent national contingents of the mission may be displayed on EUTM Mali facilities and means of transport, and uniforms, as decided by the Mission Commander.
      Article 4
      Border crossing and movement within the Host State’s territory
      1.   EUTM Mali personnel shall enter the Host State’s territory only on presentation of a passport accompanied by an individual or collective movement order issued by EUTM Mali. They shall be exempt from visa regulations, immigration inspections and customs control on entering, leaving or within the Host State’s territory.
      2.   EUTM Mali personnel shall be exempt from the Host State’s regulations on the registration and control of aliens, but shall not acquire any right to permanent residence or domicile in the territory of the Host State.
      3.   EUTM Mali assets and means of transport entering or leaving the territory of the Host State in support of the mission shall be exempt from any requirement to produce any customs documentation and from any inspection.
      4.   EUTM Mali personnel may drive motor vehicles provided they hold a valid national, international or military driving licence issued by a Sending State.
      5.   For the purposes of the mission, the Host State shall grant EUTM Mali and EUTM Mali personnel freedom of movement and freedom to travel within its territory, including its air space.
      6.   The Host State shall permit the entry of EUTM Mali assets and means of transport and grant them exemption from all custom duties, fees, tolls, taxes and similar charges other than charges for storage, cartage and other services rendered.
      7.   For the purposes of the mission, EUTM Mali may use public roads, bridges, ferries and airports without the payment of duties, fees, tolls, taxes and similar charges. EUTM Mali shall not be exempt from charges for services requested and received, under the conditions that apply to those provided to the Host State’s armed forces.
      Article 5
      Privileges and immunities of EUTM Mali granted by the Host State
      1.   EUTM Mali’s facilities shall be inviolable. The Host State’s agents shall not enter them without the consent of the commander of the mission.
      2.   EUTM Mali, wherever located and by whomsoever its assets, means of transport and facilities are held or occupied, shall enjoy immunity from every form of legal process.
      3.   EUTM Mali personnel, assets, facilities and means of transport shall be immune from search, requisition, attachment or execution.
      4.   EUTM Mali’s archives and documents shall be inviolable at any time, wherever they may be.
      5.   EUTM Mali’s official correspondence shall be inviolable.
      6.   EUTM Mali shall be exempt from all national, regional and communal dues, taxes and charges of similar nature in respect of purchased and imported EUTM Mali assets and means of transport, EUTM Mali facilities, and services provided for the purposes of EUTM Mali. The application of this exemption may not be made subject to any authorisation or prior notification by EUTM Mali of the competent authorities of the Host State. However, EUTM Mali shall not be exempt from fees or other charges that represent payment for services rendered.
      Article 6
      Privileges and immunities of EUTM Mali personnel granted by the Host State
      1.   EUTM Mali personnel shall not be liable to any form of arrest or detention.
      2.   The papers, correspondence and property of EUTM Mali personnel shall be inviolable, except in case of measures of execution which are permitted pursuant to paragraph 6.
      3.   EUTM Mali personnel shall enjoy immunity from criminal proceedings in the Host State under all circumstances.
      The immunity from criminal proceedings of EUTM Mali personnel may be waived by the Sending State or the EU body concerned, as the case may be. Such waiver shall always be in writing.
      4.   EUTM Mali personnel shall enjoy immunity from the civil and administrative proceedings in the Host State in respect of words spoken or written and all acts performed by them in the exercise of their official functions.
      If any civil proceedings are instituted against EUTM Mali personnel before any Host State court, the Mission Commander and the competent authority of the Sending State or the EU body concerned shall be notified immediately. Prior to initiation of proceedings before the competent court, the Mission Commander and the competent authority of the Sending State or the EU institution concerned shall certify to the court whether the act in question was performed by EUTM Mali personnel in the exercise of their official functions.
      If the act was performed in the exercise of official functions, proceedings shall not be initiated and the provisions of Article 15 shall apply. If the act was not committed in the exercise of official functions, proceedings may continue. The certification issued by the commander of the mission and the competent authority of the Sending State or the EU body concerned shall be binding upon the court of the Host State, which may not contest it.
      However, the competent authorities of the Host State may challenge the merits of that certification within a period of two months from its date of issue. In such a case, each of the Parties shall commit to resolving the dispute exclusively by diplomatic means.
      The initiation of civil proceedings by EUTM Mali personnel shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
      5.   EUTM Mali personnel shall not be obliged to give evidence as witnesses.
      6.   No measures of execution may be taken in respect of EUTM Mali personnel, except in cases where civil proceedings not related to their official functions are instituted against them. The property of EUTM Mali personnel, certified by the Mission Commander to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings, EUTM Mali personnel shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.
      7.   The immunity of EUTM Mali personnel from jurisdiction in the Host State does not exempt them from jurisdiction in the respective Sending States.
      8.   EUTM Mali personnel shall be exempt from any form of taxation in the Host State on the salary and emoluments paid to them by EUTM Mali or the Sending States, as well as on any income received from outside the Host State.
      9.   The Host State shall, in accordance with such laws and regulations as it may adopt, authorise entry of articles for the personal use of EUTM Mali personnel and grant exemption on such articles from all customs duties, taxes and related charges other than charges for storage, cartage and similar services.
      The personal baggage of EUTM Mali personnel shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles that are not for the personal use of EUTM Mali personnel, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the Host State. Such inspection shall be conducted only in the presence of the EUTM Mali personnel concerned or of an authorised representative of EUTM Mali.
      Article 7
      Personnel employed locally
      Personnel employed locally shall enjoy privileges and immunities only to the extent admitted by the Host State. However, the Host State shall exercise its jurisdiction over such personnel in such a manner as not to interfere unduly with the operation of the mission.
      Article 8
      Criminal jurisdiction
      The competent authorities of a Sending State shall have the right to exercise within the territory of the Host State all the criminal-jurisdiction and disciplinary powers conferred on them by the law of the Sending State with regard to all members of EUTM Mali personnel subject to the relevant law of the Sending State.
      Article 9
      Uniform and arms
      1.   The wearing of uniform shall be subject to rules issued by the Mission Commander.
      2.   EUTM Mali military personnel may carry or transport arms and the corresponding ammunition on condition that they are authorised to do so by their orders.
      Article 10
      Host State support and contracting
      1.   The Host State shall agree, if requested, to assist EUTM Mali in finding suitable facilities.
      2.   The Host State shall provide EUTM Mali, free of charge, with facilities of which it is the owner insofar as such facilities are necessary for the mission.
      3.   Within its means and capabilities, the Host State shall assist in the preparation, establishment, and execution of and support for EUTM Mali. The Host State’s assistance and support for the mission shall be provided under the same conditions as the assistance and support given to the Host State’s armed forces.
      4.   The law applicable to contracts concluded by EUTM Mali in the Host State shall be determined by the said contracts.
      5.   The contracts may stipulate that the dispute settlement procedure referred to in Article 15(3) and (4) shall be applicable to disputes arising from the application of such contracts.
      6.   The Host State shall facilitate the implementation of contracts concluded by EUTM Mali with commercial entities for the purposes of the mission.
      Article 11
      Change to facilities
      1.   EUTM Mali shall be authorised to construct or modify facilities as requested for its operational requirements.
      2.   No compensation shall be requested from EUTM Mali by the Host State for those constructions or modifications.
      Article 12
      Deceased EUTM Mali personnel
      1.   The Mission Commander shall have the right to take charge of and make suitable arrangements for the repatriation of any deceased EUTM Mali personnel, as well as of their personal property.
      2.   No autopsy shall be performed on any deceased EUTM Mali personnel without the agreement of the State concerned and the presence of a representative of EUTM Mali and/or the State concerned.
      3.   The Host State and EUTM Mali shall cooperate to the fullest extent possible with a view to the early repatriation of deceased EUTM Mali personnel.
      Article 13
      Security of EUTM Mali and military police
      1.   The Host State shall take all appropriate measures to ensure the safety and security of EUTM Mali and its personnel outside their facilities.
      2.   EUTM Mali shall be authorised, on the land territory of the Host State, to take the measures necessary, including the use of necessary and proportionate force, to protect its personnel, facilities, assets and means of transport.
      3.   This authorisation shall extend to the protection of persons in the immediate environment of EUTM Mali personnel where there are risks that might place the lives of such persons in danger or cause them grievous bodily injury.
      4.   The Mission Commander may establish a military police unit in order to maintain order on EUTM Mali facilities.
      5.   The military police unit may also, in consultation and cooperation with the military police or the police of the Host State, act outside those facilities to ensure the maintenance of good order and discipline among EUTM Mali personnel.
      Article 14
      Communications
      1.   EUTM Mali may install and operate radio sending and receiving stations, as well as satellite systems. It shall cooperate with the Host State’s competent authorities with a view to avoiding conflicts in the use of appropriate frequencies. The Host State shall grant access, free of charge, to the frequency spectrum in accordance with its legislation in force.
      2.   EUTM Mali shall enjoy the right to unrestricted communication by radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile and other means, as well as the right to install the equipment necessary for the maintenance of such communications within and between EUTM Mali facilities, including the laying of cables and land lines for the purposes of the mission.
      3.   Within its own facilities EUTM Mali may make the arrangements necessary for the conveyance of mail addressed to and from EUTM Mali and/or EUTM Mali personnel.
      Article 15
      Claims for death, injury, damage and loss
      1.   EUTM Mali and EUTM Mali personnel, the EU and Sending States shall not be liable for any damage to or loss of civilian or government property which are related to operational necessities or caused by activities in connection with civil disturbances or protection of EUTM Mali.
      2.   With a view to reaching an amicable settlement, claims for damage to or loss of civilian property not covered by paragraph 1, as well as claims for death of or injury to persons and for damage to or loss of EUTM Mali assets, facilities or means of transport, shall be forwarded to EUTM Mali via the competent authorities of the Host State, as far as claims brought by natural or legal persons from the Host State are concerned, or to the competent authorities of the Host State, as far as claims brought by EUTM Mali are concerned.
      3.   Where no amicable settlement can be found, the claim shall be submitted to a claims commission composed on an equal basis of representatives of EUTM Mali and representatives of the Host State. Settlement of claims shall be reached by common agreement.
      4.   Where no settlement can be reached within the claims commission, the dispute shall:

                  (a)

                  for claims up to and including EUR 40 000, be settled by diplomatic means between the Host State and EU representatives.

                  (b)

                  for claims above the amount referred to in point (a), be submitted to an arbitration tribunal, the decision of which shall be binding.

            5.   The arbitration tribunal shall be composed of three arbitrators, one arbitrator being appointed by the Host State, one arbitrator being appointed by EUTM Mali and the third one being appointed jointly by the Host State and EUTM Mali. Where one of the parties does not appoint an arbitrator within two months or where no agreement can be found between the Host State and EUTM Mali on the appointment of the third arbitrator, the arbitrator in question shall be appointed by the president of a court of justice designated jointly by the Parties.
      6.   An administrative arrangement shall be concluded between EUTM Mali and the administrative authorities of the Host State in order to determine the terms of reference of the claims commission and the arbitration tribunal, the procedure applicable within those bodies and the conditions under which claims are to be lodged.
      Article 16
      Liaison and disputes
      1.   All issues arising in connection with the application of this Agreement shall be examined jointly by the representatives of EUTM Mali and the Host State’s competent authorities.
      2.   Failing any prior settlement, disputes concerning the interpretation or application of this Agreement shall be settled exclusively by diplomatic means between the Host State and EU representatives.
      Article 17
      Other provisions
      1.   Whenever this Agreement refers to the privileges, immunities and rights of EUTM Mali and of EUTM Mali personnel, the Government of the Host State shall be responsible for their implementation and for compliance with them on the part of the appropriate Host State local authorities.
      2.   Nothing in this Agreement is intended or may be construed to derogate from any rights that may attach to a Sending State under other agreements.
      Article 18
      Implementing arrangements
      For the purposes of the application of this Agreement, operational, administrative and technical matters may be the subject of separate arrangements to be concluded between the Mission Commander and the Host State’s administrative authorities.
      Article 19
      Entry into force and termination
      1.   This Agreement shall enter into force on the day on which it is signed and shall remain in force until the date of departure of the last EUTM Mali element and of the last EUTM Mali personnel, as notified by EUTM Mali.
      2.   Notwithstanding paragraph 1, the provisions of Article 4(7), Article 5(1), (2), (3) and (6), Article 6(1), (3), (4), (6), (8) and (9) and Articles 11 and 15 shall be deemed to be applicable from the date on which the first EUTM Mali personnel were deployed if that date was earlier than the date of entry into force of this Agreement.
      3.   This Agreement may be amended by written agreement between the Parties.
      4.   Termination of this Agreement shall not affect any rights or obligations arising out of the execution of this Agreement before such termination.

         Done at Bamako on the fourth day of April in the year two thousand and thirteen, in two originals in the French language.

               For the European Union

               For the Republic of Mali

         (1)  OJ L 14, 18.1.2013, p. 19.


title: 2011/560/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section VI — European Economic and Social Committee#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 European Union general budget for the financial year 2009, Section VI — European Economic and Social Committee

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/97

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section VI — European Economic and Social Committee
   (2011/560/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2009 (1),

               —

               having regard to the final annual accounts of the European Union for the financial year 2009 (SEC(2010) 963 — C7-0216/2010) (2),

               —

               having regard to the European Economic and Social Committee’s annual report to the discharge authority on internal audits carried out in 2009,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2009, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 287 of the Treaty on the Functioning of the European Union (4),

               —

               having regard to Article 272(10) and Articles 274, 275 and 276 of the EC Treaty and Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0136/2011),

               1.

               Grants the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the European Economic and Social Committee 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 Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 69, 13.3.2009.

      (2)  OJ C 308, 12.11.2010, p. 1.

      (3)  OJ C 303, 9.11.2010, p. 1.

      (4)  OJ C 308, 12.11.2010, p. 129.

      (5)  OJ L 248, 16.9.2002, p. 1.

      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 European Union general budget for the financial year 2009, Section VI — European Economic and Social Committee
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the European Union general budget for the financial year 2009 (1),

                  —

                  having regard to the final annual accounts of the European Union for the financial year 2009 (SEC(2010) 963 — C7-0216/2010) (2),

                  —

                  having regard to the European Economic and Social Committee’s annual report to the discharge authority on internal audits carried out in 2009,

                  —

                  having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2009, together with the institutions’ replies (3),

                  —

                  having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 287 of the Treaty on the Functioning of the European Union (4),

                  —

                  having regard to Article 272(10) and Articles 274, 275 and 276 of the EC Treaty and Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0136/2011),

                  1.

                  Notes that in 2009 the European Economic and Social Committee (EESC) had commitment appropriations available amounting to a total of EUR 122 000 000 (EUR 118 000 000 in 2008), with a utilisation rate of 98,02 %, which is above the average of the other institutions (97,69 %);

                  2.

                  Notes with concern the allegations in relation to management within the EESC, which have led to the European Anti-Fraud Office (OLAF) decision of 11 March 2011 to open an investigation;

                  3.

                  Requests the EESC to provide Parliament’s committee responsible for the discharge procedure with further information regarding the alleged irregularities;

                  4.

                  Calls on the EESC to cooperate fully with OLAF and to provide all necessary assistance to OLAF staff to carry out their investigation;

                  5.

                  Requests the EESC to report to Parliament’s committee responsible for the discharge procedure on:

                              —

                              the disciplinary proceedings conducted by the EESC and the economic consequences thereof, and in particular the disciplinary case No 2/2007,

                              —

                              the staff policy on promotion of staff to management positions,

                              —

                              the conflicts as regards the independence of the legal service of the EESC,

                              —

                              the access of members of the EESC and members of its Bureau to all the information required,

                              —

                              the state of the procedure and results of internal audits carried out by the EESC;

                  6.

                  Calls on the Ombudsman to inform Parliament’s committee responsible for the discharge procedure, as soon as possible, of the results of its investigations relevant to this particular case;

                  7.

                  Notes that the Court of Auditors indicated in its annual report that the audit did not give rise to any significant observations as regards the EESC; nevertheless, calls on the Court of Auditors to confirm whether the audits of the 2009 reports found any evidence of irregularities that have already been the subject of disciplinary case No 2/2007;

                  8.

                  Notes the further, minor increase in the number of permanent posts (704 posts in 2009, 700 in 2008 and 695 in 2007) allocated to the EESC, and that the posts are consistently filled (7 vacant posts in 2009, 19 in 2008 and 9 in 2007); notes the presence of the medium-term plan (2008-2013 strategy) to promote equal opportunities and diversity in the secretariat, in particular, through increased use of flexitime arrangements, and looks forward to reports on further advancement in the human resources’ policy;

                  9.

                  Notes with satisfaction that according to the comments of the EESC in response to the Parliament’s resolution of 5 May 2010 on discharge for the financial year 2008 (6), the Administrative Cooperation Agreement between the EESC and the Committee of the Regions (CoR) for the period 2008 to 2014 is sufficiently implemented and notes that no further needs have been identified at the moment to improve practical aspects, that the committees remain attentive to the need to maintain a high level of harmonisation and this is assured by the governance structure of the Administrative Cooperation Agreement; invites the EESC and the CoR to communicate whether the de-coupling resulting from that agreement has been budget neutral, and to report to the discharge authority on the results of mid-term review of that agreement, due in 2011;

                  10.

                  Notes the efforts in the area of interinstitutional cooperation, in particular, the ongoing introduction of the staff management system ‘Sysper2’, and the preparations carried out to that effect; notes that introduction of the system is planned for January 2012;

                  11.

                  Reconfirms its position that, in the interests of transparency, declarations of financial interests of members of all Union institutions should be accessible on the Internet via a public register; notes the response of the EESC, in particular the letter of the Vice-President of EESC concerning the observation of the Parliament that the members of the EESC did not declare their financial interests, and requests that the EESC take steps to make public the relevant information, and to follow up this issue in its Annual Activity Report;

                  12.

                  Welcomes the willingness of the EESC to accommodate the suggestion of the Parliament in its abovementioned resolution of 5 May 2010, that travel expenses of members of the EESC should be based only on actual travel costs (and that daily allowances should be equal to those received by the Members of the European Parliament), and takes note of the letter of the EESC President on this matter; requests the EESC to report on the further progress on this issue;

                  13.

                  Asks the EESC to report on the developments as regards the progress on revising the members’ financial statute and to communicate to the discharge authority the outcome of that process;

                  14.

                  Commends the EESC for the consistently high quality of its Annual Activity Reports, and welcomes the inclusion of the follow-up to the Parliament’s previous discharge decisions;

                  15.

                  Calls on the EESC to undertake with urgency during 2011 a comprehensive spending review of all areas of activity to ensure all expenditure is delivering value for money in order to identify possible savings which will reduce the pressure on the budget in this period of austerity.

         (1)  OJ L 69, 13.3.2009.

         (2)  OJ C 308, 12.11.2010, p. 1.

         (3)  OJ C 303, 9.11.2010, p. 1.

         (4)  OJ C 308, 12.11.2010, p. 129.

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

         (6)  OJ L 252, 25.9.2010, p. 94.