title: 2008/94/EC: Commission Decision of 25 January 2008 updating Annex A to the Monetary Agreement between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco

text:
               5.2.2008

               EN

               Official Journal of the European Union

               L 31/34

      COMMISSION DECISION

   of 25 January 2008
   updating Annex A to the Monetary Agreement between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco
   (2008/94/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Monetary Agreement of 24 December 2001 between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco (1), and in particular Article 11(3) thereof,
   Whereas:

               (1)

               Article 11(2) of the Monetary Agreement between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco (hereinafter ‘the Monetary Agreement’) requires the Principality of Monaco to apply the measures adopted by France to implement certain Community acts concerning the activity and prudential supervision of credit institutions and the prevention of systemic risks to payment and securities settlement systems. Those acts are listed in Annex A to the Agreement. That annex was last updated by Commission Decision 2006/558/EC (2). A number of acts in Annex A have been amended and the amending acts should be included in that Annex. A number of new Community acts falling within the scope of Article 11(2) of the Monetary Agreement have been adopted and should also be included in Annex A.

               (2)

               Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings (3) concerns the activity and supervision of credit institutions and amends Council Directive 86/635/EEC (4), which is already in Annex A. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.

               (3)

               Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions (recast) (5) concerns the activity and supervision of credit institutions. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A. Directive 2006/49/EC moreover repeals Council Directive 93/6/EEC (6), as amended, inter alia, by Directive 2002/87/EC of the European Parliament and of the Council (7) and Directive 2004/39/EC of the European Parliament and of the Council (8), which should therefore be removed from Annex A.

               (4)

               Council Directive 93/22/EEC of 10 May 1993 on investment services in the securities field (9) was repealed by Directive 2004/39/EC, as amended by Directive 2006/31/EC (10), and should therefore be removed from Annex A.

               (5)

               Directive 2005/1/EC of the European Parliament and of the Council of 9 March 2005 amending Council Directives 73/239/EEC, 85/611/EEC, 91/675/EEC, 92/49/EEC and 93/6/EEC and Directives 94/19/EC, 98/78/EC, 2000/12/EC, 2001/34/EC, 2002/83/EC and 2002/87/EC in order to establish a new organisational structure for financial services committees (11) concerns the activity and supervision of credit institutions and amends Directive 94/19/EC of the European Parliament and of the Council (12) and Directive 2002/87/EC of the European Parliament and of the Council (13), which are already in Annex A. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.

               (6)

               Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast) (14) concerns the activity and supervision of credit institutions. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should be included in Annex A, with the exception of Titles III and IV. Directive 2006/48/EC repeals Directive 2000/12/EC of the European Parliament and of the Council (15), as amended, inter alia, by Directive 2000/28/EC of the European Parliament and of the Council (16), Directive 2002/87/EC and Directive 2004/39/EC, which should therefore be removed from Annex A. Moreover, since Directive 2006/48/EC amends Directive 2002/87/EC, which is listed in Annex A, it should also be included as amending the latter.

               (7)

               Commission Regulation (EC) No 1287/2006 of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and defined terms for the purposes of that Directive (17) and Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive (18) concern the activity and supervision of credit institutions and supplement Directive 2004/39/EC, as amended by Directive 2006/31/EC, which is already in Annex A. They therefore fall within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.

               (8)

               Directive 2000/46/EC of the European Parliament and of the Council of 18 September 2000 on the taking up, pursuit of and prudential supervision of the business of electronic money institutions (19) concerns the activity and supervision of credit institutions. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.

               (9)

               Annex A to the Monetary Agreement should therefore be amended accordingly. For the sake of clarity, Annex A should be replaced in its entirety.

               (10)

               At its meeting on 13 September 2007, the Commission informed the Joint Committee of the need to update Annex A to the Monetary Agreement. The Joint Committee took note of the Commission’s position,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Annex A to the Monetary Agreement between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco is replaced by the Annex to this Decision.

      Done at Brussels, 25 January 2008.

            For the Commission

         Joaquín ALMUNIA

            Member of the Commission

      (1)  OJ L 142, 31.5.2002, p. 59.

      (2)  OJ L 219, 10.8.2006, p. 23.

      (3)  OJ L 224, 16.8.2006, p. 1.

      (4)  OJ L 372, 31.12.1986, p. 1.

      (5)  OJ L 177, 30.6.2006, p. 201.

      (6)  OJ L 141, 11.6.1993, p. 1.

      (7)  OJ L 35, 11.2.2003, p. 1.

      (8)  OJ L 145, 30.4.2004, p. 1.

      (9)  OJ L 141, 11.6.1993, p. 27.

      (10)  OJ L 114, 27.4.2006, p. 60.

      (11)  OJ L 79, 24.3.2005, p. 9.

      (12)  OJ L 135, 31.5.1994, p. 5.

      (13)  OJ L 35, 11.2.2003, p. 1.

      (14)  OJ L 177, 30.6.2006, p. 1.

      (15)  OJ L 126, 26.5.2000, p. 1.

      (16)  OJ L 275, 27.10.2000, p. 37.

      (17)  OJ L 241, 2.9.2006, p. 1.

      (18)  OJ L 241, 2.9.2006, p. 26.

      (19)  OJ L 275, 27.10.2000, p. 39.

      ANNEX
      1.   86/635/EEC
      Council Directive of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions: for provisions applying to credit institutions

         (OJ L 372, 31.12.1986, p. 1)

      as amended by:

                     2001/65/EC

                  Directive of the European Parliament and of the Council of 27 September 2001 amending Directives 78/660/EEC, 83/349/EEC and 86/635/EEC as regards the valuation rules for the annual and consolidated accounts of certain types of companies as well as of banks and other financial institutions

                     (OJ L 283, 27.10.2001, p. 28)

                     2003/51/EC

                  Directive of the European Parliament and of the Council of 18 June 2003 amending Directives 78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings

                     (OJ L 178, 17.7.2003, p. 16)

                     2006/46/EC

                  Directive of the European Parliament and of the Council of 14 June 2006 amending Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings

                     (OJ L 224, 16.8.2006, p. 1)

            2.   89/117/EEC
      Council Directive of 13 February 1989 on the obligations of branches established in a Member State of credit institutions and financial institutions having their head offices outside that Member State regarding the publication of annual accounting documents

         (OJ L 44, 16.2.1989, p. 40)

      3.   2006/49/EC
      Directive of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions (recast)

         (OJ L 177, 30.6.2006, p. 201)

      4.   94/19/EC
      Directive of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes

         (OJ L 135, 31.5.1994, p. 5)

      as amended by:

                     2005/1/EC

                  Directive of the European Parliament and of the Council of 9 March 2005 amending Council Directives 73/239/EEC, 85/611/EEC, 91/675/EEC, 92/49/EEC and 93/6/EEC and Directives 94/19/EC, 98/78/EC, 2000/12/EC, 2001/34/EC, 2002/83/EC and 2002/87/EC in order to establish a new organisational structure for financial services committees

                     (OJ L 79, 24.3.2005, p. 9)

            5.   98/26/EC
      Directive of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities systems

         (OJ L 166, 11.6.1998, p. 45)

      6.   2006/48/EC
      Directive of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast) — with the exception of Titles III and IV

         (OJ L 177, 30.6.2006, p. 1)

      7.   2001/24/EC
      Directive of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding-up of credit institutions

         (OJ L 125, 5.5.2001, p. 15)

      8.   2002/47/EC
      Directive of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements

         (OJ L 168, 27.6.2002, p. 43)

      9.   2002/87/EC
      Directive of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council

         (OJ L 35, 11.2.2003, p. 1)

      as amended by:

                     2005/1/EC

                  Directive of the European Parliament and of the Council of 9 March 2005 amending Council Directives 73/239/EEC, 85/611/EEC, 91/675/EEC, 92/49/EEC and 93/6/EEC and Directives 94/19/EC, 98/78/EC, 2000/12/EC, 2001/34/EC, 2002/83/EC and 2002/87/EC in order to establish a new organisational structure for financial services committees

                     (OJ L 79, 24.3.2005, p. 9)

                     2006/48/EC

                  Directive of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast)

                     (OJ L 177, 30.6.2006, p. 1)

            10.   2004/39/EC
      Directive of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC — for provisions applying to credit institutions and with the exception of Articles 15, 31 to 33 and Title III

         (OJ L 145, 30.4.2004, p. 1)

      as amended by:

                     2006/31/EC

                  Directive of the European Parliament and of the Council of 5 April 2006 amending Directive 2004/39/EC on markets in financial instruments, as regards certain deadlines

                     (OJ L 114, 27.4.2006, p. 60)

            and supplemented by:

                     (EC) No 1287/2006

                  Commission Regulation of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and defined terms for the purposes of that Directive

                     (OJ L 241, 2.9.2006, p. 1)

                     2006/73/EC

                  Commission Directive of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive

                     (OJ L 241, 2.9.2006, p. 26)

            11.   2000/46/EC
      Directive of the European Parliament and of the Council of 18 September 2000 on the taking up, pursuit of and prudential supervision of the business of electronic money institutions

         (OJ L 275, 27.10.2000, p. 39)


Avis juridique important

|

31976D0845

Council Decision of 20 September 1976 on the notification of the provisional application by the European Economic Community of the International Coffee Agreement 1976

Official Journal L 309 , 10/11/1976 P. 0028 Greek special edition: Chapter 11 Volume 8 P. 0211

++++ ( 1 ) THE DATE FROM WHICH THE AGREEMENT WILL BE APPLIED PROVISIONALLY WILL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  COUNCIL DECISION  OF 20 SEPTEMBER 1976  ON THE NOTIFICATION OF THE PROVISIONAL APPLICATION BY THE EUROPEAN ECONOMIC COMMUNITY OF THE INTERNATIONAL COFFEE AGREEMENT 1976   ( 76/845/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,  HAVING REGARD TO THE RECOMMENDATION FROM THE COMMISSION ,  WHEREAS , IN ACCORDANCE WITH THE COUNCIL DECISION OF 20 JULY 1976 , THE COMMUNITY SIGNED THE INTERNATIONAL COFFEE AGREEMENT 1976 , ON 27 JULY 1976 , SUBJECT TO THE CONCLUSION THEREOF ;  WHEREAS THE COMMUNITY SHOULD GIVE NOTIFICATION THAT IT WILL APPLY THE AGREEMENT PROVISIONALLY PENDING COMPLETION OF THE INTERNAL PROCEDURES NECESSARY FOR THE CONCLUSION THEREOF ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  IN ACCORDANCE WITH ARTICLE 61 OF THE INTERNATIONAL COFFEE AGREEMENT 1976 , THE COMMUNITY WILL DEPOSIT WITH THE SECRETARY-GENERAL OF THE UNITED NATIONS ORGANIZATION BEFORE 30 SEPTEMBER 1976 THE NOTIFICATION ANNEXED TO THIS DECISION STATING THAT IT WILL APPLY THE AGREEMENT PROVISIONALLY , AS AN IMPORTING MEMBER , WHEN THE AGREEMENT ENTERS INTO FORCE IN ACCORDANCE WITH THE SAID ARTICLE .  THE TEXT OF THE AGREEMENT IS ANNEXED TO THIS DECISION .  ARTICLE 2  THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSON EMPOWERED TO DEPOSIT THIS NOTIFICATION ( 1 ) .  DONE AT BRUSSELS , 20 SEPTEMBER 1976 .  FOR THE COUNCIL  THE PRESIDENT  M . VAN DER STOEL


title: 2012/604/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the Artemis Joint Undertaking 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 Artemis Joint Undertaking for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/306

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the Artemis Joint Undertaking for the financial year 2010
   (2012/604/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Artemis Joint Undertaking for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Artemis Joint Undertaking for the financial year 2010, together with the replies of the Joint Undertaking (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06086/2012 — C7-0050/2012),

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 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 (A7-0109/2012),

               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 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 368, 16.12.2011, 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 2012
      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 2010
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the Artemis Joint Undertaking for the financial year 2010,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the Artemis Joint Undertaking for the financial year 2010, together with the replies of the Joint Undertaking (1),

                  —

                  having regard to the Council’s recommendation of 21 February 2012 (06086/2012 — C7-0050/2012),

                  —

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

                  —

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

                  —

                  having regard to Council Regulation (EC) No 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 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 (A7-0109/2012),

                  A.

                  whereas the Artemis Joint Undertaking was set up in December 2007 for a period of 10 years 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,

                  B.

                  whereas the Joint Undertaking started to work autonomously in October 2009,

                  C.

                  whereas the Court of Auditors states that it has obtained reasonable assurances that the annual accounts for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

                  D.

                  whereas the maximum contribution for the period of 10 years from the Union to the Joint Undertaking is EUR 420 000 000 to be paid from the budget of the seventh research framework programme,

                  E.

                  whereas the budget of the Joint Undertaking for the financial year 2010 amounted to EUR 38 500 000,

         Budget and Financial Management

                  1.

                  Notes with concern that the budget of the Joint Undertaking for the financial year 2010 was not adopted by the end of the previous year; takes note of the Joint Undertaking’s reply that its 2010 budget was adopted in January 2011 due to the fact that the operational part of the budget depends on the commitment of the Member States and that for most of them the amount of commitment can only be ascertained after the adoption of their national budgets; calls on the Joint Undertaking and the contributing Member States to reach an agreement on a timetable and practical arrangements for the disclosure of their respective commitments to enable the adoption of the Joint Undertaking’s budget in due time and to keep the discharge authority informed on this matter;

                  2.

                  Is concerned that the structure and presentation of the Joint Undertaking’s 2010 budget were not in line with the provisions of the Joint Undertaking’s financial rules; understands from the Joint Undertaking that the structure and presentation of the budget have been adapted in the 2011 budget; calls on the Court of Auditors to assure the discharge authority that the structure and presentation of the Joint Undertaking’s budget are now fully in line with its financial rules;

                  3.

                  Acknowledges from the Joint Undertaking 2010 Annual Activity Report (AAR) that the commitment credits implemented by the Joint Undertaking for operational expenditures amounted to EUR 36 000 000; takes note that with regards to the administrative expenditure the Joint Undertaking and the Commission agreed on the following split:

                              —

                              the Joint Undertaking and Artemisia: EUR 1 000 000;

                              —

                              the Commission: EUR 1 500 000;

                        notes, however, that the needs of the Joint Undertaking for administrative expenditures reached EUR 1 900 000 and that as a consequence the contribution of the Commission was limited to EUR 935 315,91;

                  4.

                  Notes that the Joint Undertaking’s final budget included payment appropriations of EUR 27 000 000; acknowledges from the final annual accounts that the appropriations were committed at a rate of 99,9 % but regrets that the utilisation rate only reached the level of 37,78 %;

                  5.

                  Is concerned about the low implementation rate of the budget and, moreover, about the underlying activities of the Joint Undertaking; underlines that the deposits in bank accounts at the end of 2010 totalled EUR 16 600 000 representing 60 % of the available payment appropriations;

         Internal control systems

                  6.

                  Calls on the Joint Undertaking to fully implement its internal controls and financial information systems in particular on the operational verification of cost claims, on the assurance provided by the national authorities’ certificates and the ex post audit strategy;

                  7.

                  Is concerned that in the area of ex ante verification, reliance is placed entirely upon the certificates provided by the national authorities and that the Joint Undertaking does not perform any other checks to ensure the legality and regularity of the expenses declared by the beneficiaries; urges the Joint Undertaking to establish an ex ante verification mechanism in order to avoid errors and/or fraud in the expenses declared;

                  8.

                  Notes that the ex post audit of cost claims related to projects has been fully delegated to the Member States; is therefore of the opinion that the Joint Undertaking will have difficulties in ensuring that the financial interests of its members are adequately protected and that the underlying transactions are legal and regular; calls on the Joint Undertaking to reconsider its strategy towards the ex post audit of cost claims and to inform the discharge authority on the mechanism implemented to ensure compliance with Article 12 of its Founding Regulation (EC) No 74/2008;

                  9.

                  Notes the Court of Auditors’ finding that the Joint Undertaking has an adequate level of IT governance and practice for its size and mission; stresses, however, that the strategic IT planning and monitoring cycle, the security policies and rules, IT Risk management and Business Continuity Plan and Disaster Recovery Plan is lagging behind; calls on the Joint Undertaking to remedy the situation and provide the discharge authority with an up-to-date report on the matter;

                  10.

                  Takes note that the Accounting Officer of the Joint Undertaking validated the financial and accounting systems (ABAC and SAP); notes, however, that the underlying business processes were not validated, in particular the one providing financial information about the validation and payment of the cost claims received from the national authorities; asks the Joint Undertaking to inform the discharge authority on the state of validation of the underlying business processes;

         Internal audit

                  11.

                  Takes note that the Joint Undertaking’s financial rules have not yet been amended to include the provision referring to the powers of the Commission’s internal auditor regarding the general budget as a whole;

                  12.

                  Notes, however, that the Commission and the Joint Undertaking have taken action to ensure that the respective operational roles of the Commission’s Internal Audit Service and the Joint Undertaking’s internal auditing function are clearly defined;

         Call for proposals and projects negotiations

                  13.

                  Acknowledges from the AAR that the Joint Undertaking’s Call 2010 was published on 26 February 2010 and that 73 proposals for research projects were submitted in response to Project Outline (PO) phase of this Call, of which 72 satisfied the eligibility criteria; notes that the 11 selected proposals range in size from EUR 45 000 000 to EUR 3 400 000, with four projects of EUR 15 000 000 or more, representing 66 % of the total investment; notes, however, that of the original 11 projects for which the Executive Director was mandated to negotiate, one had to be deemed irrevocably unsuccessful, leaving a total of 10 projects successfully negotiated;

                  14.

                  Notes the introduction of the concept of ‘Maturity Index’ during the Call 2010; understands that the tool, which aims to help further analysis, was used at PO phase to judge the subjective quality of the POs and to observe the level of maturity of the response of the Artemis community to the work programme;

                  15.

                  Establishes from the AAR that with regards to the negotiation and start of R & D projects, some delay was recorded in the delivery of the ‘production environment’ for the Joint Undertaking contract negotiations due to some change of priority in the Commission’s services responsible for the management of the FP7 IT tools; takes note from the Joint Undertaking that the technical delay is under control and that a fully operational production environment was expected to be delivered by mid-January 2011; notes, however, that as a mitigating action to prevent further delays in the Joint Undertaking contract negotiations, a back-up solution based on manual processing is in place that would allow the closure of all negotiations in the first quarter 2011 (assuming that national contracts are signed), in case the IT tools were not yet ready;

                  16.

                  Ascertains from the AAR that at year-end 2010 the Joint Undertaking grant agreements were signed for the 13 projects of Call 2009 and that all projects were launched;

                  17.

                  Considers that it is positive that the Joint Undertaking monitored and reviewed the 2008 Calls projects; observes, however, that the evaluation of the projects’ outcomes often lack details to assess their performance; notes in particular that the outcomes of the projects CHARTER, eDIANA, SYSMODEL, iLAND, INDEXYS, CHESS and CESAR are only rated as ‘positive’; calls on the Joint Undertaking to develop and implement more precise performance indicators for the future monitoring and review of its projects;

         Performance

                  18.

                  Notes from the AAR that the Commission’s report on the first interim evaluation of the Artemis and ENIAC Joint Technology Initiatives was adopted on 16 December 2010;

                  19.

                  Underlines that the interim evaluation formulated three recommendations to the Joint Undertaking:

                              —

                              to solve the ‘free riding’ problem, the Joint Undertaking should establish a system where each non-member beneficiary pays a percentage of its Union contribution as a fee to the costs of the Joint Undertaking;

                              —

                              the evaluation and selection processes should be modified to improve the match of the portfolio of supported projects to the strategic European aims of the programme;

                              —

                              Member States and the Industrial Associations should work together to establish processes whereby potential proposers can be given early, constructive feedback on their prospects for support;

                        asks the Joint Undertaking to inform the discharge authority about the measures introduced following the results of this first interim evaluation;

                  20.

                  Takes note of the Commission’s proposal establishing the Specific Programme Implementing Horizon 2020 — The Framework Programme for Research and Innovation (2014-2020) — where the Commission raises a possibility of combining Artemis and ENIAC Joint Undertakings into one initiative and the possibility to set up new Joint Undertakings in the context of implementing the ‘Societal challenges’ part of Horizon 2020; calls on the Commission to keep the discharge authority informed about this matter;

         Lack of host State agreement

                  21.

                  Reiterates that the Joint Undertaking should rapidly conclude a host agreement with Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to it as provided by its Founding Regulation (EC) No 74/2008;

         Horizontal observations on the Joint Undertakings

                  22.

                  Underlines that seven Joint Undertakings have so far been established by the Commission under Article 187 of the Treaty on the Functioning of the European Union; notes that six Joint Undertakings (IMI, Artemis, ENIAC, Clean Sky, FCH and ITER-F4E) are in the research area under the Commission’s DGs RTD and INFSO and one is charged with developing the new air traffic management system (SESAR) in the transport domain whose activities are supervised by DG MOVE;

                  23.

                  Notes that the total indicative resources deemed necessary for the Joint Undertakings for their period of existence amounts to EUR 21 793 000 000;

                  24.

                  Notes that the total Union contribution deemed necessary for the Joint Undertakings for their period of existence amounts to EUR 11 489 000 000;

                  25.

                  Notes that, for the financial year 2010, the overall Union contribution to the budget of the Joint Undertakings amounted to EUR 505 000 000;

                  26.

                  Calls on the Commission to provide the discharge authority annually with consolidated information on the total annual funding per Joint Undertaking made from the general budget of the Union in order to ensure transparency and clarity on the use of the Union’s funds and restore trust among the European taxpayers;

                  27.

                  Welcomes the initiative of Artemis to include information in its AAR on the monitoring and review of its ongoing projects; believes this is a practice that should be followed by the other Joint Undertakings;

                  28.

                  Recalls that Joint Undertakings are public–private partnerships and that as a consequence public and private interests are intertwined; is of the opinion that under the circumstances the likelihood of conflicts of interest should not be dismissed but addressed properly; calls therefore on the Joint Undertakings to inform the discharge authority on the verification mechanisms which exist in their respective structures to enable a proper management and prevention of conflicts of interest;

                  29.

                  Notes, with the notable exception of the Joint Undertaking for ITER and the Development of Fusion Energy, that Joint Undertakings are relatively small structures and geographically concentrated; believes therefore that they should pool their resources where possible;

                  30.

                  Calls on the Court of Auditors to provide the discharge authority with a follow-up on the comments it has made for each of the Joint Undertakings in their respective report on the annual accounts for the financial year 2011;

                  31.

                  Invites the Court of Auditors to provide, within a reasonable deadline, a special report to the Parliament, on the added value of the establishment of the Joint Undertakings for the efficient execution of Union research, technological development and demonstration programmes; further notes that the same report should include an assessment of the effectiveness of the Joint Undertakings’ establishment.

         (1)  OJ C 368, 16.12.2011, 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.