title: 2013/622/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines for the financial year 2011#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/357

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the budget of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines for the financial year 2011
   (2013/622/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Innovative Medicines Initiative Joint Undertaking for the financial year 2011, together with the replies of the Joint Undertaking (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05755/2013 – C7-0040/2013),

               —

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

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 73/2008 of 20 December 2007 setting up the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines (4), 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 (5), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0088/2013),

               1.

               Grants the Executive Director of the IMI Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the IMI 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 6, 10.1.2013, p. 27.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 30, 4.2.2008, p. 38.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the Innovative Medicines Initiative Joint Undertaking for the financial year 2011, together with the replies of the Joint Undertaking (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05755/2013 – C7-0040/2013),

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Council Regulation (EC) No 73/2008 of 20 December 2007 setting up the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines (4), 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 (5), and in particular Article 94 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0088/2013),

                  A.

                  whereas the Innovative Medicines Initiative Joint Undertaking (‘the Joint Undertaking’) was set up in December 2007 for a period of 10 years to significantly improve the efficiency and effectiveness of the drug development process with the long-term aim that the pharmaceutical sector produces more effective and safer innovative medicines,

                  B.

                  whereas the Joint Undertaking started to work autonomously on 16 November 2009,

                  C.

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

                  D.

                  whereas the Court of Auditors has delivered a qualified opinion on the legality and the regularity of the transactions underlying the Joint Undertaking’s accounts,

                  E.

                  whereas the maximum contribution for the period of 10 years from the Union to the Joint Undertaking is EUR 1 000 000 000 to be paid from the budget of the seventh research framework programme,

         Budgetary and financial management

                  1.

                  Notes with concern that the budget of the Joint Undertaking for the financial year 2011 and the implementation plan was adopted by the Governing Board only on 4 April 2011 due to the time taken to establish and agree on the scientific priorities to be included in the annual implementation plan; notes that this delayed the launch of the call for proposals and for the entire first quarter of the year, the Joint Undertaking was obliged to use provisional twelfths budget rule to make payments;

                  2.

                  Is concerned that the implementation rate for the EUR 159 000 000 commitment appropriations available for research activities was 66 % and that it was implemented through a global commitment covering the fourth call for proposals; reiterates its concern about the low implementation rate of the budget and, moreover, about the underlying activities of the Joint Undertaking; duly notes that the high level of unused appropriations of the administrative budget (44 %) indicates that it was not based on realistic estimates; calls for a detailed progress report on those shortcomings which makes specific proposals for a gradual improvement in the implementation rate and for a more realistic estimate of the financial resources needed;

                  3.

                  Regrets, therefore, that commitment appropriations amounting to EUR 117 000 000 and payment appropriations amounting to EUR 65 000 000 not used in the financial year 2010 were carried over to 2011 and commitment appropriations amounting to EUR 62 000 000 and payment appropriations amounting to EUR 11 000 000 not used during the financial year 2011 were carried over to 2012; welcomes the improvements made for 2012, whereby the overall execution rates for commitment appropriations was 96 % and for payment appropriations was 97 %;

                  4.

                  Is concerned that the annual accounts of the Joint Undertaking received a qualified opinion from the Court of Auditors on the legality and the regularity of the transactions underlying those accounts on the grounds that the error rate resulting from the ex post audits was 6,84 %; takes note that the Joint Undertaking completed ex post audits covering EUR 2,2 million (18,8 % of accepted Joint Undertaking’s contribution for the first call validated by the Joint Undertaking by June 2011); regrets that on the basis of the Joint Undertaking’s first audits applying its own methodology, the detected error rate was 4,58 % while the residual error rate was 3,72 %; expects that the Court of Auditors and the Joint Undertaking agree on an audit methodology that for the same ex post audits delivers the same results; reiterates that the Joint Undertaking should reinforce without delay the quality of its ex ante controls, in particular for the grants management; requests that the discharge authority is informed of the results of the following ex post audit processes conducted by the Joint Undertaking;

                  5.

                  Calls, therefore, for a detailed progress report which makes specific proposals for a gradual reduction in the error rate;

         Calls for proposals

                  6.

                  Highlights the fact that the Joint Undertaking organised calls for proposals in 2008, 2009 and 2010 that resulted in signed grant agreements amounting to EUR 269 000 000 at the end of 2011 and that in 2012, the fifth call for proposals was launched with an indicative budgeted Union contribution of EUR 80 000 000; is concerned that if calls for proposals remain at the current level, it is highly likely that the total available Union contribution will not be used; calls the Joint Undertaking to make the best possible use of the resources that have been allocated for the implementation of the Joint Technology Initiative on Innovative Medicines;

                  7.

                  Takes note of the inconsistencies between the Governing Board’s decisions and the report on budgetary and financial management, namely the fact that in the report, the total amount of chapter 30-C2 ‘Research agenda’ (EUR 117 000 000) is lower than the budget line B03000-C2 (EUR 141 000 000) which is part of that chapter; points out, furthermore, that the Governing Board’s decision of 28 January 2011 only authorises the carry-over of EUR 115 000 000 of commitment appropriations, while the report on budgetary and financial management discloses a carry-over of EUR 117 000 000; calls on the Joint Undertaking to ensure that the decisions of its Governing Board are duly taken into account by the Executive Director;

         Internal control systems

                  8.

                  Points out that the Court of Auditors reports significant progress regarding internal control systems during 2011; notes, however, that further work is needed to establish and document the budget and accounting procedures and related controls and a formal assessment of the internal control system was carried out during 2011;

                  9.

                  Takes note that the Accounting Officer of the Joint Undertaking reported on the validation of the accounting system on 27 September 2012 and underlined significant weaknesses which need to be addressed;

         Evaluation of contributions in kind

                  10.

                  Notes the Court of Auditors’ finding that the methodology for evaluating in-kind contributions was approved by the Governing Board on 11 November 2011 and that the in-kind contributions are validated by way of an ex ante certification and ex post audits, however during 2011 no ex ante certification and no ex post audit were carried out by the Joint Undertaking;

                  11.

                  Recalls that the Joint Undertaking was set up in December 2007 and started to work autonomously in November 2009; expresses concern that the methodology for evaluating contributions in-kind to be defined in the Joint Undertaking’s internal rules and procedures in compliance with its Financial Rules has been approved by the Governing Board on 11 November 2011; emphasises the fact that the European Federation of Pharmaceutical Industries and Associations (EFPIA) members of the Joint Undertaking were, therefore, unable to report on the costs incurred during the first reporting period as established in the grant agreements;

         Internal audit and the Commission’s Internal Audit Service

                  12.

                  Takes note that in 2011, the Commission’s Internal Audit Service and the Internal Audit Capability of the Joint Undertaking carried out a risk assessment exercise and the strategic audit plan for 2012-2014 was approved by the Governing Board on 3 November 2011;

                  13.

                  Notes that the Joint Undertaking’s Financial Rules have not yet been amended to include the provision of the framework Regulation but the mission charter of the Commission’s Internal Audit Service was adopted by the Governing Board on 8 March 2011;

                  14.

                  Is concerned that while the Joint Undertaking obtained its autonomy in November 2009, no internal assurance audit work as such was performed until March 2012 either by the Internal Audit Service of the Commission or by the internal audit manager and the latter has been directly involved in operational activities (implementation of ex post strategy, KPI framework, review of ex ante certificate on in-kind contributions) and other consultancy engagements;

         Audit rights of the Court of Auditors

                  15.

                  Is surprised to learn that the provisions of the grant agreement do not recognise the right of the Court of Auditors to audit the in-kind contributions of EFPIA companies although they are recorded in the financial statements of the Joint Undertaking and are estimated at EUR 1 000 million over the lifetime of the Joint Undertaking; notes that in-kind contributions are audited by the Joint Undertaking in line with Article 12(4) and (5) of Regulation (EC) No 73/2008 and that the advice of the Commission was sought by the Joint Undertaking on the rights of the Court of Auditors to audit in-kind contributions of EFPIA companies;

         Annual activity report

                  16.

                  Emphasises the fact that the Executive Director’s declaration of assurance was issued in February 2012 without reservation, despite the lack of information on the effectiveness of the ex post audit strategy, which is the key control for operational expenditure; notes that according to the Statutes and Financial Rules of the Joint Undertaking the Executive Director is required to draw up an annual activity report including a declaration of assurance stating that the information contained in the report presents a true and fair view except as otherwise specified in any reservation;

         Other management matters

                  17.

                  Notes that in 2011, the Joint Undertaking made progress on the formalisation of IT security policies; takes note that the business continuity plan and disaster recovery plan were not yet finalised;

                  18.

                  Welcomes the fact that the Host State Agreement between the Joint Undertaking and the Belgian authorities concerning office accommodation, privileges and immunities and other support to be provided was signed on 3 February 2012;

         Other issues

                  19.

                  Reiterates its invitation for the Court of Auditors to provide, within a reasonable deadline, a special report to Parliament on common issues which occur due to the nature of the Joint Undertakings, and which should be addressed by the Joint Undertakings together with their partners in order to ensure their added value and efficient execution of Union research, technological development and demonstration programmes; notes, furthermore, that that report should include an assessment of the effectiveness of the Joint Undertakings’ establishment and structure.

         (1)  OJ C 6, 10.1.2013, p. 27.

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

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

         (4)  OJ L 30, 4.2.2008, p. 38.

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


title: 2012/558/EU: Decision of the European Parliament of 10 May 2012 on the discharge for implementation of the European Union general budget for the financial year 2010, Section VIII — European Ombudsman#Resolution of the European Parliament of 10 May 2012 with observations forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2010, Section VIII — European Ombudsman

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/117

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on the discharge for implementation of the European Union general budget for the financial year 2010, Section VIII — European Ombudsman
   (2012/558/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2010 (1),

               —

               having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011) 473 – C7-0263/2011) (2),

               —

               having regard to the European Ombudsman’s annual report to the discharge authority on internal audits carried out in 2010,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2010, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2010 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to 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 (A7-0089/2012),

               1.

               Grants the European Ombudsman discharge in respect of the implementation of its 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 Council, the Commission, the Court of Justice, 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 64, 12.3.2010.

      (2)  OJ C 332, 14.11.2011, p. 1.

      (3)  OJ C 326, 10.11.2011, p. 1.

      (4)  OJ C 332, 14.11.2011, p. 134.

      (5)  OJ L 248, 16.9.2002, p. 1.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2012
      with observations forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2010, Section VIII — European Ombudsman
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the European Union general budget for the financial year 2010 (1),

                  —

                  having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011) 473 – C7-0263/2011) (2),

                  —

                  having regard to the European Ombudsman’s annual report to the discharge authority on internal audits carried out in 2010,

                  —

                  having regard to the Annual Report of the Court of Auditors on implementation of the budget concerning the financial year 2010, together with the institutions’ replies (3),

                  —

                  having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2010 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to 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 (A7-0089/2012),

                  1.

                  Stresses that in point 7.31 of its 2010 annual report the Court of Auditors stated that it ‘has no observation to make on the European Ombudsman’; points out, none the less, that the Court of Auditors had asked the European Ombudsman (the Ombudsman) to draft provisions on the procedures for recruitment of temporary staff; considers that the Court of Auditors should have notified it of the outcome;

                  2.

                  Notes that in 2010 the Ombudsman had commitment appropriations available amounting to a total of EUR 9 332 275 (as against EUR 9 000 000 in 2009) and that the utilisation rate for those appropriations was 89,65 %, which was below the average for the other institutions and two percentage points lower than the utilisation rate for the previous year (91,98 %); points out, however, that the lower utilisation rate is due mainly to a fluctuation in staff numbers and stresses that the Ombudsman has a purely administrative budget, 79 % of which is accounted for by expenditure relating to persons working with the institution, 15 % by buildings, furniture, equipment and miscellaneous operating expenditure, and 6 % by expenditure resulting from general functions carried out by the institution;

                  3.

                  Calls for better financial planning ensuring more efficient budget implementation;

                  4.

                  Welcomes the fact that the Ombudsman included key performance indicators in the 2010 action plan, together with a scoreboard, thus enabling performance to be measured using a benchmarking system; welcomes the progress made throughout the year;

                  5.

                  Calls, however, for the number and proportion of cases in which decisions on admissibility are taken within one month to be further increased; notes that the current proportion is 66 %;

                  6.

                  Calls also for the number and proportion of inquiries that are completed within less than 12 months to continue to increase; notes that the current proportion is 66 %;

                  7.

                  Welcomes the fact that a new procedure has been introduced for the recruitment of temporary staff and the calculation of individual entitlements;

                  8.

                  Welcomes the audit carried out by the Internal Audit Service in 2010, which took account of observations made in 2009 and concluded that, subject to implementation of the agreed measures, the management and control system is effective;

                  9.

                  Points out that Parliament adopted an own-initiative report on the annual report on the European Ombudsman’s activities in 2010 only recently, on 27 October 2011 (6), and therefore does not wish to add to the observations made therein;

                  10.

                  Calls for the annual report on the European Ombudsman’s activities in 2011 to contain a section on any action taken in response to Parliament’s discharge resolution, together with a comprehensive table of all the human resources available to the Ombudsman, broken down by category, grade and gender, participation in professional training and nationality.

         (1)  OJ L 64, 12.3.2010.

         (2)  OJ C 332, 14.11.2011, p. 1.

         (3)  OJ C 326, 10.11.2011, p. 1.

         (4)  OJ C 332, 14.11.2011, p. 134.

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

         (6)  Texts adopted, P7_TA(2011)0467.


title: 2011/334/Euratom: Council Decision of 21 November 2006 approving the conclusion, by the Commission, of the Agreement for cooperation between the European Atomic Energy Community represented by the Commission of the European Communities and the Government of the Republic of Korea in the field of fusion energy research#Agreement for cooperation between the European Atomic Energy Community represented by the Commission of the European Communities and the Government of the Republic of Korea in the field of fusion energy research

text:
               11.6.2011

               EN

               Official Journal of the European Union

               L 154/1

         COUNCIL DECISION
   of 21 November 2006
   approving the conclusion, by the Commission, of the Agreement for cooperation between the European Atomic Energy Community represented by the Commission of the European Communities and the Government of the Republic of Korea in the field of fusion energy research
   (2011/334/Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101, second paragraph thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Commission has, in accordance with directives of 14 April 2006 from the Council, conducted negotiations on an Agreement for cooperation between the European Atomic Energy Community represented by the Commission of the European Communities and the Government of the Republic of Korea in the field of fusion energy research.

               (2)

               The conclusion, by the Commission, of the Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The conclusion, by the Commission, for and on behalf of the European Atomic Energy Community, of the Agreement for cooperation between the European Atomic Energy Community represented by the Commission of the European Communities and the Government of the Republic of Korea in the field of fusion energy research, is hereby approved.
   The text of the Agreement is attached to this Decision.

      Done at Brussels, 21 November 2006.

            For the Council

            The President

         U.-M. WIDEROOS

      AGREEMENT FOR COOPERATION
      between the European Atomic Energy Community represented by the Commission of the European Communities and the Government of the Republic of Korea in the field of fusion energy research
      The European Atomic Energy Community (Euratom), represented by the Commission of the European Communities, and the Government of the Republic of Korea (hereinafter referred to collectively as ‘the Parties’);
      WHEREAS in the Framework Agreement for Trade and Cooperation between the European Community and its Member States on the one hand, and the Government of the Republic of Korea on the other hand on 28 October 1996, the Parties undertake to promote cooperation in the field of energy and the protection of the environment, and, in particular, to develop new and renewable forms of energy; and
      DESIRING to continue to promote the development of fusion energy as a potentially environmentally acceptable, economically competitive, and virtually limitless source of energy,
      HAVE AGREED AS FOLLOWS:
      Article I
      Objective
      The objective of this Agreement is to intensify cooperation between the Parties in the areas covered by their respective fusion programmes, on the basis of mutual benefit and overall reciprocity, in order to develop the scientific understanding and technological capability underlying a fusion energy system.
      Article II
      Areas of cooperation
      The areas of cooperation under this Agreement may include the following:

                  (a)

                  tokamaks, including the large projects of the present generation and activities related to those of the next generation;

                  (b)

                  alternatives to tokamaks;

                  (c)

                  magnetic fusion energy technology;

                  (d)

                  plasma theory and applied plasma physics;

                  (e)

                  programme policies and plans; and

                  (f)

                  other areas as mutually agreed upon in writing by the Parties in so far as they are covered by their respective programmes.

            Article III
      Forms of cooperation
      1.   The forms of cooperation under this Agreement may include, but are not limited to, the following:

                  (a)

                  exchange and provision of information and data on scientific and technical activities, developments, practices and results, and on programme policies and plans, including the exchange of undisclosed information under the terms and conditions set out in Articles VI and VII;

                  (b)

                  exchange of scientists, engineers and other specialists for agreed periods of time in order to participate in experiments, analysis, design and other research and development activities in accordance with Article VIII;

                  (c)

                  organisation of seminars and other meetings to discuss and exchange information on agreed topics in the areas listed in Article II, and to identify cooperative activities which may be usefully undertaken in accordance with Article V;

                  (d)

                  exchange and provision of samples, materials, equipment (instruments and components) for experiments, testing and evaluation in accordance with Articles IX and X;

                  (e)

                  execution of joint studies, projects or experiments including their joint design, construction and operation;

                  (f)

                  establishment of data links such as, but not limited to, remote data analysis tools; and

                  (g)

                  other specific forms of cooperation as mutually agreed by the Parties in writing.

            2.   The Parties shall coordinate the activities, as appropriate, under this Agreement, with other international fusion research and development activities, in order to minimise duplication of effort.
      Nothing in this Agreement shall be construed to prejudice existing or future arrangements for cooperation between the Parties.
      Article IV
      Coordinating Committee and Executive Secretaries
      1.   The Parties shall establish a Coordinating Committee to coordinate and supervise the conduct of activities under this Agreement. Each Party shall appoint an equal number of members to the Coordinating Committee and nominate one of its appointed members as the Head of its Delegation. The Coordinating Committee shall meet annually, alternately in the Republic of Korea and in the European Union, or at other agreed times and places. The Head of the Delegation of the receiving Party shall chair the meeting.
      2.   The Coordinating Committee shall review the progress and plans of activities under this Agreement, and propose, coordinate and approve future cooperative activities that are within the scope of this Agreement with regard to their technical merit and level of effort to ensure mutual benefit and overall reciprocity within the Agreement.
      3.   All decisions of the Coordinating Committee shall be taken by consensus.
      4.   Each Party shall nominate an Executive Secretary to act on its behalf during periods between meetings of the Coordinating Committee in all matters concerning cooperation under this Agreement. The Executive Secretaries shall be responsible for the day-to-day management of the cooperation.
      Article V
      Implementation
      1.   Each Party shall designate appropriate entities for the implementation of activities under this Agreement.
      2.   When the Coordinating Committee approves a cooperative activity, it shall approve, where necessary, a project plan under this Agreement and subject to its terms.
      3.   Each project plan shall list the entities designated to implement the project, and include detailed provisions for the implementation of the cooperative activity, including but not limited to its technical scope and management, the applicable decontamination responsibilities, exchange of undisclosed information, exchange of equipment, treatment of intellectual property, total costs, cost-sharing and its schedule, as appropriate.
      Article VI
      Availability and dissemination of information
      1.   Subject to its applicable laws and regulations and to the provisions of this Agreement, each Party and its designees shall undertake to make freely available to the other Party and its designees any information at its disposal which is required for the execution of collaborative activities under this Agreement.
      2.   The Parties and their designees shall support the widest possible dissemination of information which they have the right to disclose, and which is either developed jointly or intended to be provided or exchanged pursuant to this Agreement, subject to the need to protect undisclosed information and the need to protect intellectual property created or furnished under this Agreement.
      3.   Information transmitted by one Party to the other Party under this Agreement shall be accurate to the best knowledge and belief of the transmitting Party, but the transmitting Party does not warrant the suitability of the information transmitted for any particular use or application by the receiving Party or by any third party. Information developed jointly by the Parties shall be accurate to the best knowledge and belief of both Parties. Neither Party warrants the accuracy of the jointly developed information or its suitability for any particular purpose, use or application by either Party or by any third party.
      Article VII
      Intellectual property
      The protection and allocation of intellectual property created or furnished in the course of cooperative activities under this Agreement shall be governed by the provisions in Annex A, which shall form an integral part of this Agreement and shall apply to all activities conducted under this Agreement.
      Article VIII
      Exchanges of personnel
      The following provisions shall apply concerning exchanges of personnel between the Parties or their designees under this Agreement:

                  (a)

                  each Party shall ensure the selection of qualified personnel with the skills and competence necessary to conduct the activities planned under this Agreement. Each such exchange of personnel shall be mutually agreed in advance by an Exchange of Letters between the Parties, referencing this Agreement and its pertinent intellectual property provisions as well as the cooperative activity concerned;

                  (b)

                  each Party shall be responsible for the salaries, insurance, and allowances to be paid to its exchanged personnel;

                  (c)

                  the sending Party shall pay for the travel and living expenses of its exchanged personnel staying at the host establishment, unless otherwise agreed;

                  (d)

                  the receiving Party shall arrange for adequate accommodations for the other Party’s exchanged personnel (and their families forming part of their household) on a mutually agreeable, reciprocal basis;

                  (e)

                  the receiving Party shall provide all necessary assistance under its relevant laws and regulations to the exchanged personnel of the other Party regarding administrative formalities (e.g. acquiring visas);

                  (f)

                  each Party shall ensure that the exchanged personnel abide by the general rules regarding work and safety regulations in force at the host establishment;

                  (g)

                  each Party may, at its own expense, observe specific test activities and analytical work of the other Party in the areas of cooperation defined in Article II. Such observation may be carried out by visits of personnel, subject to the prior agreement of the receiving Party on each occasion.

            Article IX
      Exchanges of equipment, samples, etc.
      In the event equipment, instruments, samples, materials or necessary spare parts (hereinafter referred to as ‘the equipment, etc.’) are to be exchanged, loaned or supplied by one Party or its designees to the other or its designees, the following provisions shall apply covering the shipment and use of the equipment, etc.:

                  (a)

                  the sending Party shall supply as soon as possible a detailed list of the equipment, etc., to be provided, with the relevant specifications and technical and informational documentation;

                  (b)

                  the equipment, etc. supplied by the sending Party shall remain its property and shall be returned to the sending Party on a date to be determined by the Coordinating Committee unless otherwise agreed in the project plan referred to in Article V;

                  (c)

                  the equipment, etc. shall be brought into operation at the host establishment only by mutual agreement between the Parties; and

                  (d)

                  the receiving Party shall provide the necessary premises for the equipment, etc. and shall provide for electrical power, water, gas, etc., in accordance with technical requirements, which shall be mutually agreed by the Parties.

            Article X
      General provisions
      1.   Each Party shall conduct the activities provided for in this Agreement subject to its applicable laws and regulations, and shall provide resources subject to the availability of appropriated funds.
      2.   Unless otherwise specifically agreed in writing by the Parties, all costs resulting from cooperation under this Agreement shall be borne by the Party that incurs them.
      3.   All questions of interpretation or implementation relating to this Agreement arising during its term shall be resolved by agreement of the Parties.
      4.   This Agreement shall apply, in so far as Euratom is concerned, to the territories to which the Treaty establishing Euratom applies and to the territories of the countries participating in the Euratom fusion programme as fully associated third States.
      Article XI
      Duration, amendment and termination
      1.   This Agreement shall enter into force on the date on which the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed, and shall remain in force for five (5) years. Unless one Party notifies the other Party in writing of its intention to terminate this Agreement at least six months before its expiration, this Agreement shall be extended automatically for additional periods of five (5) years.
      2.   This Agreement may be amended by written agreement of the Parties.
      3.   All joint efforts and experiments not completed at the termination or expiration of this Agreement may be continued until their completion under the terms of this Agreement.
      4.   This Agreement and any project plan hereunder may be terminated at any time at the discretion of either Party upon six (6) months’ advance notification in writing by the Party seeking to terminate this Agreement or project plan. Such termination shall be without prejudice to the rights that may have accrued under this Agreement or project plan to either Party up to the date of the termination.
      5.   This Agreement is drawn up in duplicates in 21 languages (Korean, Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish, Czech, Estonian, Hungarian, Lithuanian, Latvian, Maltese, Polish, Slovak and Slovenian). English and Korean shall be the authentic languages.

         In witness whereof, the undersigned, being duly authorised thereto, have signed this Agreement.
         Done at Brussels on the twenty-second day of November in the year two thousand and six, in two copies, in the English and Korean languages.

            FOR THE EUROPEAN ATOMIC ENERGY COMMUNITY REPRESENTED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES

            FOR THE GOVERNMENT OF THE REPUBLIC OF KOREA

         ANNEX A

            INTELLECTUAL PROPERTY RIGHTS

         Rights to intellectual property created or furnished under this Agreement shall be allocated as follows:
         I.   Application

         This Annex is applicable to all cooperative activities undertaken pursuant to this Agreement, except as otherwise specifically agreed.
         II.   Ownership, allocation and exercise of rights

         A.   For purposes of this Agreement ‘intellectual property’ shall have the meaning found in Article 2 of the Convention establishing the World Intellectual Property Organisation, done at Stockholm, 14 July 1967.
         B.   This Annex addresses the allocation of rights, interests and royalties between the Parties. Each Party shall ensure that the other Party may obtain the rights to intellectual property allocated to it in accordance with this Annex. This Annex does not otherwise alter or prejudice the allocation of such rights, interests and royalties between a Party and its nationals, which shall be determined by that Party’s laws and practices.
         C.   The termination or expiry of this Agreement shall not affect the rights or obligations arising under this Annex.

                     (1)

                     In the case of cooperative activities between the Parties, intellectual property arising from joint research, i.e. research supported by both Parties, shall be treated in a technology management plan (TMP) according to the following principles:

                                 (a)

                                 The Parties shall notify each other within a reasonable time of any intellectual property rights arising under this Agreement (or relevant implementing arrangements).

                                 (b)

                                 Unless otherwise agreed, rights and interests in intellectual property created during joint research shall be exploitable by either Party without territorial restriction.

                                 (c)

                                 Each Party shall seek protection for the intellectual property to which it obtains rights and interests under the TMP in a timely fashion.

                                 (d)

                                 Each Party shall have a non-exclusive, irrevocable, royalty-free licence to use any intellectual property arising under this Agreement for research purposes only.

                                 (e)

                                 Visiting researchers having participated in the creation of intellectual property shall receive intellectual property rights and royalty shares earned by the host institutions from licensing of such intellectual property rights under the policies of the host institutions. Each Party shall accord to the visiting researchers no less favourable treatment than that it accords to its own nationals with regard to the grant of the aforementioned intellectual property rights and royalty shares. In addition, each visiting researcher named as an inventor shall be entitled to treatment as a national of the host Party with regard to awards, bonuses, benefits, or any other rewards, in accordance with the policy of the host institution and the respective laws of the Parties applicable thereto.

                     (2)

                     In the case of cooperative activities other than joint research which falls within the provisions of paragraph II.D(1), to the extent required by its laws and regulations, each Party shall require all its participants to enter into specific agreements concerning the implementation of joint research activities and the respective rights and obligations of the participants. With respect to intellectual property, the agreements will normally address, among other things, ownership, protection, user rights for research purposes, exploitation and dissemination, including arrangements for joint publication, the rights and obligations of visiting researchers and dispute settlement procedures. The agreements may also address other issues such as access to foreground and background information, licensing and deliverables.

               E.   While maintaining the conditions of competition in areas affected by this Agreement, each Party shall endeavour to ensure that rights acquired pursuant to this Agreement and arrangements made under it are exercised in such a way as to encourage, in particular, (i) the use of information created, or otherwise made available, under this Agreement and its dissemination in so far as this is in accordance both with the conditions set out in this Agreement, the provisions of Section IV hereof and any rules which may be in force under the Parties’ domestic laws governing the treatment of sensitive or confidential information in the nuclear field, and (ii) the adoption and implementation of international standards.
         III.   Copyright works

         In accordance with the terms of this Agreement, copyright belonging to the Parties shall be accorded treatment consistent with the Agreement on Trade-Related Aspects of Intellectual Property Rights administered by the World Trade Organisation.
         IV.   Scientific literary works

         Subject to the treatment provided for undisclosed information in Section V, the following procedures shall apply:

                     A.

                     Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free licence in all countries to translate, reproduce and publicly distribute information contained in scientific and technical journals, articles, reports, books, or other media, directly arising from joint research pursuant to this Agreement by or on behalf of the Parties.

                     B.

                     All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines to be named. They shall also bear a clearly visible acknowledgment of the cooperative support of the Parties.

               V.   Undisclosed information

         A.   Documentary undisclosed information

                     (1)

                     Each Party shall identify at the earliest possible moment the information that they wish to remain undisclosed in relation to this Agreement, taking account, inter alia, of the following criteria:

                                 (a)

                                 the information is secret in the sense that it is not, as a body or in the precise configuration or assembly of its components, generally known or readily accessible by lawful means;

                                 (b)

                                 the information has actual or potential commercial value by virtue of its secrecy; and

                                 (c)

                                 the information has been subject to steps that were reasonable under the circumstances by the person lawfully in control, to maintain its secrecy.

                           The Parties may in certain cases agree that, unless otherwise indicated, parts or all of the information provided, exchanged or created in the course of joint research pursuant to this Agreement may not be disclosed.

                     (2)

                     Each Party shall ensure that undisclosed information under this Agreement and its ensuant privileged nature is readily recognisable as such by the other Party, for example, by means of an appropriate marking or restrictive legend. This also applies to any reproduction of the said information, in whole or in part.
                     A Party or participant receiving undisclosed information pursuant to this agreement shall respect the privileged nature thereof. These limitations shall automatically terminate when this information is disclosed by the owner without restriction.

                     (3)

                     Undisclosed information communicated under this Agreement may be disseminated by the receiving Party to persons employed by the receiving Party, including its contractors and other concerned departments of the Party authorised for the specific purposes of the joint research underway, on a need-to-know basis and provided that any undisclosed information so disseminated shall be protected in accordance with this Annex and to the extent provided by each Party’s laws and regulations, and shall be readily recognisable as such, as set out above.

               B.   Non-documentary undisclosed information
         Non-documentary undisclosed or other confidential or privileged information provided in seminars and other meetings arranged under this Agreement, or information arising from the attachment of staff, use of facilities, or joint projects, shall be treated by the Parties or their designees according to the principles specified for documentary information in this Agreement, provided, however, that the recipient of such undisclosed or other confidential or privileged information has been made aware in writing of the confidential character of the information communicated not later than the time such a communication is made.
         C.   Control
         Each Party shall endeavour to ensure that undisclosed information received by it under this Agreement shall be controlled as provided herein. If one of the Parties becomes aware that it will be, or may be reasonably expected to become, unable to meet the non-dissemination provisions of paragraphs A and B above, it shall immediately inform the other Party. The Parties shall thereafter consult to define an appropriate course of action.
         VI.   Dispute settlement and new types and unforeseen intellectual property

         A.   Disputes between the Parties concerning intellectual property shall be resolved in accordance with Article X(3) of this Agreement.
         However, upon mutual agreement of the Parties, such a dispute may be submitted to an international arbitral tribunal for binding arbitration in accordance with the applicable rules of international law. Unless otherwise agreed, the arbitration rules of Uncitral shall govern.
         B.   In the event either Party concludes that a new type of intellectual property not covered in a TMP or agreement between designated entities may result from a cooperative activity undertaken pursuant to this Agreement, or if other unforeseen difficulties arise, the Parties shall enter into immediate discussions with the object of assuring that the protection, exploitation and dissemination of the intellectual property in question are adequately provided for in their respective territories.


title: 2013/574/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the Community European Fisheries Control Agency for the financial year 2011#Resolution of the European Parliament of 17 April 2013 with the observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Community Fisheries Control Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/221

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the budget of the Community European Fisheries Control Agency for the financial year 2011
   (2013/574/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Community Fisheries Control Agency for the financial year 2011,

               —

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

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (4), and in particular Article 36 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Fisheries (A7-0109/2013),

               1.

               Grants the Executive Director of the Community Fisheries Control Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 86.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 128, 21.5.2005, p. 1.

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

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

                  —

                  having regard to the final annual accounts of the Community Fisheries Control Agency for the financial year 2011,

                  —

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (4), and in particular Article 36 thereof,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Fisheries (A7-0109/2013),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the Community Fisheries Control Agency (‘the Agency’) for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas on 10 May 2012, Parliament granted the Executive Director of the Agency discharge for the implementation of its budget for the financial year 2010 (6), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              urged the Agency to improve its Annual Work Programme by including specific measurable objectives, both at policy area level and at operational level, establishing SMART indicators,

                              —

                              urged the Executive Director to fully fulfil his obligations to include in his report to the discharge authority summarising the Internal Audit Service (IAS) report, all the recommendations made and all actions taken as a result of those recommendations,

                              —

                              called on the Agency to review its Internal Control System (ICS), to underpin its Executive Director’s annual declaration of assurance and to review all its procedures, both administrative and operational, with subsequent documentation of the work flow and key control,

                  C.

                  whereas the Agency’s overall budget for 2011 was EUR 12 850 000, compared with EUR 11 013 000 in 2010, which represents an increase of 16,7 %,

                  D.

                  whereas the initial contribution of the Union to the Agency’s budget for 2011 was EUR 11 850 000 (7), which represents an increase of 40,90 % compared with its initial contribution in 2010 (EUR 8 410 000),

         Budgetary and financial management

                  1.

                  Recalls that the total contribution of the Union to the Agency’s budget for 2011 amounted to EUR 12 850 000;

                  2.

                  Notes from its annual accounts for the financial year 2011 that the Agency committed 99 % of the contributions granted and paid out 89 % of the available payment appropriations (excluding expenditure from other sources of revenue); welcomes the fact that in its Annual Activity Report for 2011 (AAR) (8), the Agency provided the discharge authority with data showing its overall budget execution rate in terms of commitments and payments; recalls that in 2010, the Agency committed 98,3 % of the subsidy granted and paid 85,6 % of available payment appropriations;

         Carry-over appropriations

                  3.

                  Notes from the annual accounts that EUR 1 160 170 of the commitment appropriations contracted by the end of 2011 but not yet paid were carried forward to 2012; notes, furthermore, that the cancellation of unused payment appropriations carried over (9) from the previous year represents EUR 151 710;

                  4.

                  Acknowledges from the AAR that for the financial year 2011, the Agency’s automatic carry forward to 2012 amounted to EUR 2 161 172; notes, furthermore, that in terms of the share of payments in compliance with the time limits of the Financial Regulation, 87 % of all payments were made within the legal targets. For commercial invoices, 79 % were paid within the 30 legal days and around 91 % of cost claims (reimbursements to staff and experts) were paid within the 45 legal days; encourages the Court of Auditors to mention information on carry-overs in its report on the annual accounts of the Agency for the financial year 2012;

         Accounting system

                  5.

                  Observes from its annual accounts (10) for the financial year 2011 that the budget accounts of the Agency are managed by the accrual based accounting (ABAC) system and the general accounts are maintained by the SAP system, which has a direct interface with the General Accounting System of the Commission;

         Procurement procedures

                  6.

                  Calls on the Agency to improve procurement procedures; observes that the Court of Auditors noted weaknesses in this respect (i.e. the Agency did not adequately document the estimation of contract values in the procurement files);

                  7.

                  Acknowledges from the Court of Auditors that the Agency should improve the transparency of procedures by implementing some more specific selection criteria for tenderers;

                  8.

                  Notes with concern from the Court of Auditors that the Agency does not yet have adequate procedures in place to record and account for costs related to the generation of internal intangible assets;

         Recruitment procedures

                  9.

                  Notes from the Court of Auditors that the Agency should further improve staff selection procedures (i.e. vacancy notices did not provide information on complaints about appeal procedures; meetings of the Selection Board were insufficiently documented and in one recruitment case, the Appointing Authority did not follow the order of the Selection Board’s list without providing a reason); considers that some of the provisions of the Staff Regulations may present a considerable administrative burden; therefore encourages the Commission to allow for a certain degree of simplification under Article 110 of the Staff Regulations in regard to the agencies;

                  10.

                  Notes from the AAR (11) that four Temporary Agents (TA) and one Contract Agent (CA) have been recruited, while four TA and one CA left the Agency, resulting in 97 % occupancy of the posts envisaged by the establishment plan in 2011;

                  11.

                  Expresses its satisfaction that the Court of Auditors has declared the transactions underlying the annual accounts of the Agency for the financial year 2011 to be, in all material respects, legal and regular;

                  12.

                  Acknowledges from the Agency’s follow up report that the documentation concerning recruitment procedures has been revised in 2012, in order to take the comments of the Court of Auditors into account;

         Governance

                  13.

                  Acknowledges from the Court of Auditors that in the course of the appointment procedure of the Executive Director, a member of the Administrative Board contravened the regulations governing appointments to key posts by announcing the candidate the Commission intended to vote for; recognises that the actions of Members of the Administrative Board are not under the control of the Agency and that the Executive Director is, therefore, not responsible for the proceedings;

         Performance

                  14.

                  Welcomes the Agency’s initiative to continue the preparation of its Multiannual and Annual Work Programmes; emphasises the importance of such a document to enable the Agency to make effective organisational arrangements to implement its strategy and achieve its goals; notes that the Agency follows a multi-annual perspective for its work programme and its resource planning by drawing up a Multiannual Work Programme, its Multiannual Staff Policy Plan and a multiannual IT strategic plan; notes, moreover, that the Agency has an IT strategic plan in place since 2010, which is reviewed and updated annually;

                  15.

                  Underlines the importance of the Agency’s tasks and welcomes its efficient and effective performance, which the Committee on Fisheries was able to observe during its visit to the Agency in June 2010 and during its visit on 29-30 October 2012; takes note that during its visit on 29-30 October 2012, important issues such as creating ‘Regional Control Areas’ in order to create European added value were discussed;

         Internal audit

                  16.

                  Welcomes the Agency’s initiative for having set up an internal audit function dedicated to providing support and advice to the Executive Director and management of internal control, risk assessment and internal audit in 2008; notes that the Agency does not employ a full-time Internal Audit Capability (IAC) but shares this service with the European Maritime Safety Agency (EMSA) in Lisbon; acknowledges, to this end, that a service level agreement between the Agency and EMSA was signed on 17 June 2008;

                  17.

                  Notes from the Agency’s IAS that the Agency reviewed both the implementation of internal control standards (2008) and its first follow up (2009); acknowledges that the Agency considers that the results have been adequately and effectively implemented;

                  18.

                  Acknowledges that in 2011, the IAC performed, at the special request of the Executive Director, a limited audit on salary payments in order to assess the internal controls on the salary payment cycle with special emphasis on the documentation of the payment files; notes from the IAS (12) that the IAC also performed an audit focused on inventory management at the Agency, in order to provide the Executive Director with an independent assurance about the adequacy and effective application of the ICS related to the registration of assets;

                  19.

                  Notes from the AAR that the IAS, in line with the 2010-2012 strategic plan, carried out an audit of the budget execution process, as well as an IT risk assessment exercise, in 2010;

                  20.

                  Acknowledges that in 2011, the IAS performed an audit on ‘Capacity Building — Training and Development’ in order to assess and provide the Executive Director and the Administrative Board with an independent assurance concerning the adequacy and effective application of the ICS as regards ‘Capacity Building — Training and Development’;

                  21.

                  Observes from the IAS that in 2011, the IAC also performed a full review of the implementation of the internal control standards within the Agency;

                  22.

                  Notes that the IAS was invited to present the state of play and the IAS strategic plan 2013-2015 to the Board of the Agency, in October 2011;

                  23.

                  Acknowledges from the IAS that the Agency appointed the Internal Control Coordinator in 2011 and established internal guidelines for risk management, including the procedure for the regular review of the ICS and the regular update of the Agency’s risk register; calls, nevertheless, on the Agency to inform the discharge authority of the further actions it has taken and the results achieved;

                  24.

                  Recognises that the Agency has taken the necessary measures on the following issues:

                              —

                              ABAC access rights for the Authorising Officers by Delegation (AODs),

                              —

                              payment delays,

                              —

                              policy for the handling of exceptions and the establishment of a central Register of Exceptions,

                        notes that the two very important recommendations of the IAS, namely the adaptation of ABAC access rights for AODs and the establishment and implementation of a policy for the handling of exceptions and a central Register of Exceptions are now considered closed by the IAS;

                  25.

                  Notes from the Agency’s follow up report (13) that as far as reporting on exceptions is concerned, all the workflows have been documented and checklists are already available for the majority of the processes, the role and duties of each actor involved during a transaction are clearly defined and this, together with timely reporting on exceptions, will ensure adequate follow up on potential irregularities;

                  26.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its Resolution of 17 April 2013 (14) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 86.

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

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

         (4)  OJ L 128, 21.5.2005, p. 1.

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

         (6)  OJ L 286, 17.10.2012, p. 169.

         (7)  Final annual accounts 2011, June 2012, p. 26.

         (8)  Annual Activity Report 2011, p. 125.

         (9)  Final annual accounts 2011, June 2012, p. 27.

         (10)  Final annual accounts 2011, June 2012, p. 18.

         (11)  Annual Activity Report 2011, p. 122.

         (12)  Annual report on internal activity 2011, p. 4.

         (13)  Report on the measures taken in the light of the European Parliament recommendations in its decision of 10 May, 2012, p. 5.

         (14)  Texts adopted, P7_TA(2013)0134 (see page 374 of this Official Journal).


title: 2013/556/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the Body of European Regulators for Electronic Communications for the financial year 2011#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Body of European Regulators for Electronic Communications for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/165

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the budget of the Body of European Regulators for Electronic Communications for the financial year 2011
   (2013/556/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Body of European Regulators for Electronic Communications for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Body of European Regulators for Electronic Communications for the financial year 2011, together with the Body’s replies (1),

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (4), and in particular Article 13 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0066/2013),

               1.

               Grants the Administrative Manager of the Body of European Regulators for Electronic Communications discharge in respect of the implementation of the Body’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 8.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 337, 18.12.2009, p. 1.

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

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

                  —

                  having regard to the final annual accounts of the Body of European Regulators for Electronic Communications for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the Body of European Regulators for Electronic Communications for the financial year 2011, together with the Body’s replies (1),

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (4), and in particular Article 13 thereof,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0066/2013),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the Body of European Regulators for Electronic Communications (‘the Body’) for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas in compliance with Decision 2010/349/EU taken by common accord between the Representatives of the Governments of the Member States of 31 May 2010 on the location of the seat of the Office of the Body of European Regulators for Electronic Communications (BEREC) (6), the Office of BEREC (‘the Office’) was located in Riga, Latvia; whereas the Office signed its seat agreement on 24 February 2011, became fully functional in the course of 2011 and was granted financial autonomy on 12 September 2011,

                  C.

                  whereas the overall budget of the Body for the financial year 2011, EUR 1 178 785,60, was entirely funded by a Union contribution (7),

         Budgetary and financial management

                  1.

                  Recalls that the initial Union contribution to the Office’s budget for 2011 was EUR 1 178 785,60; notes that this was the first year that the Office was financially autonomous;

                  2.

                  Notes the Court of Auditor’s observation that the Office’s 2011 budget, adopted by the Management Committee, disclosed appropriations only by Titles and Chapters and was not subdivided into articles and items and that that situation is, thus, at odds with the principle of specification; notes the Office’s reply that its budget for 2012 is already subdivided into articles and items;

                  3.

                  Observes from the Office’s annual accounts that appropriations were committed at a rate of 63,4 %, while payments reached a level of 70,1 % of the total appropriations managed (or 44,5 % of available appropriations);

         Carryovers appropriations

                  4.

                  Notes with concern that the Court of Auditors identified 21 cases, with a total value of EUR 94 120, where appropriations carried over to 2012 did not correspond to legal commitments and that those carryovers were, therefore, irregular;

                  5.

                  Accepts the Office’s explanation that the start-up phase made it difficult to correctly forecast carryforwards and that a closely monitored follow-up of the budget implementation is currently in place; notes the Office’s comment that instructions were to be given at the end of 2012 and relevant information was to be collected from the units in order to decommit unused commitments; calls on the Office to report to the discharge authority whether that has been the case;

         Internal control standards

                  6.

                  Draws the Office’s attention to the Court of Auditors’ observation that the Office had not adopted and implemented all the internal control standards (ICS), notably, no central register of invoices and no register of exceptions was introduced;

                  7.

                  Takes note of the Office’s statement that the current implementation plan for ICS involves defining the implementation deadlines for different standards from November 2011 until January 2013; notes that the registration of invoices and the recording of exceptions have been implemented since 18 June 2012 with an impact on further registrations in 2012 and that the preparation of relevant administrative instructions has been in progress; calls on the Office to report to the discharge authority on the progress made on those matters;

         Recruitment procedures

                  8.

                  Notes the Court of Auditors’ observation that there is a need to improve the transparency of recruitment procedures; notes the Office’s reply that in June 2012, it updated its Guidelines for recruitment procedures in order to address the Court’s findings; calls on the Office to follow up this issue and to report to the discharge authority on the actions taken; considers that some of the provisions of the Staff Regulations may present a considerable administrative burden; encourages, therefore, the Commission to allow for a certain degree of simplification under Article 110 of the Staff Regulations in regard to the agencies;

                  9.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its Resolution of 17 April 2013 (8) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 8.

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

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

         (4)  OJ L 337, 18.12.2009, p. 1.

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

         (6)  OJ L 156, 23.6.2010, p. 12.

         (7)  BEREC Office final annual accounts 2011, p. 29.

         (8)  Texts adopted, P7_TA(2013)0134 (see page 374 of this Official Journal).