Avis juridique important

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31998D0443

98/443/EC: Decision No 168 of 11 June 1998 of the Administrative Commission of the European Communities on Social Security for Migrant Workers on the amending of forms E 121 and E 127 and the discontinuance of form E 122 (Text with EEA relevance)

Official Journal L 195 , 11/07/1998 P. 0037 - 0045

DECISION No 168 of 11 June 1998 on the amending of forms E 121 and E 127 and the discontinuance of form E 122 (Text with EEA relevance) (98/443/EC)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81(a) of Council Regulation No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their family moving within the Community, under which it is the duty of the Administrative Commission to deal with all administrative matters arising from Regulation (EEC) No 1408/71 and subsequent Regulations,Having regard to Article 2(1) of Council Regulation (EEC) No 574/72 of 21 March 1972, under which it is the duty of the Administrative Commission to draw up models of certificates, certified statements, declarations, applications and other documents necessary for the application of the Regulations,Having regard to Decision No 153 of 7 October 1993 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 001, E 103 to E 127),Having regard to Decision No 170 of 11 June 1998 amending Decision No 141 of 17 October 1989 amending Decision No 127 of 17 October 1985 concerning the compilation of the lists provided for in Article 94(4) and Article 95(4) of Council Regulation (EEC) No 574/72 of 21 March 1972,Whereas Council Regulation (EC) No 3095/95 of 22 December 1995 amended Regulation (EEC) No 574/72, firstly Article 17(2) and Article 30(1), by limiting to one year the period of validity of form E 122 issued by German, Italian or Portuguese institutions, and secondly Article 95, by replacing the average cost per family by the average cost per person;Whereas this amendment to Article 95 of Regulation (EEC) No 574/72 will not, however, take effect until 1 January 2002 in the French Republic;Whereas Council Regulation (EC) No 1223/98 of 4 June 1998 amended Articles 29 and 31 of Regulation (EEC) No 1408/71 and Articles 29, 30, 31, 93 and 95 of Regulation (EEC) No 574/72;Whereas forms E 121 and E 127 must therefore be adapted and form E 122 discontinued;Whereas the Agreement on the European Economic Area of 2 May 1992, as amended by the Protocol of 17 March 1993, Annex VI, implements Regulations (EEC) No 1408/71 and (EEC) No 574/72 within the European Economic Area;Whereas by Decision of the EEA Joint Committee the model forms necessary for the application of Regulations (EEC) No 1408/71 and (EEC) No 574/72 will be adapted and implemented within the European Economic Area;Whereas for practical reasons identical forms should be used within the Community and within the European Economic Area;Whereas the language in which forms should be issued is the subject of Recommendation No 15 of the Administrative Commission,HAS DECIDED AS FOLLOWS:1. The model forms E 121 and E 127 reproduced in Decision No 153 of 7 October 1993 shall be replaced by the models appended hereto, and the model form E 122 reproduced in the same Decision shall be discontinued.2. Separate forms E 121 and E 127 shall be filled in for each recipient of a pension or allowance, and for each member of the family of a recipient of a pension or allowance.3. The competent authorities of the Member States shall make the appended forms available to the persons concerned (rightful claimants, institutions, employers, etc.). However, E 121 forms valid on the date this Decision enters into force shall remain valid until they are invalidated and/or replaced by the new model form E 121 covering only the recipient of a pension or allowance and thus not the members of their families.4. Each form shall be available in the official languages of the Commuity and laid out in such manner that the different versions are perfectly superposable, thereby making it possible for all persons or bodies to whom a form is addressed (rightful claimants, institutions, employers, etc.) to receive the form printed in their own language.5. This Decision shall be published in the Official Journal of the European Communities and shall be applicable as from 1 January 1998. In France, however, it shall not take effect until 1 January 2002.Peter CLEASBYThe Chairman of the Administrative Commission>START OF GRAPHIC>EUROPEAN COMMUNITIESSocial Security RegulationsEEA (*)See Instructions on page 4E 121(1)CERTIFICATE FOR THE REGISTRATION OF PENSIONERS OR MEMBERS OF THEIR FAMILIES AND THEUPDATING OF LISTSRegulation (EEC) No 1408/71: Article 28.1.a; Article 29.1.aRegulation (EEC) No 574/72: Article 29.1, 2 and 3; Article 30.1; Article 95.4The institution which has to to draw up this certificate in accordance with Article 29.2 or Article 30.1 of Regulation (EEC) No 574/72 should complete Part A of the form and issue two copies to the pensioner or the member of his family, or send them to the institution in the place of residence if the form was requested by the latter institution. If the pensioner or the member of his family resides in the United Kingdom, the two copies of the form should be sent direct to the Department of Social Security, Benefits Agency, Overseas Benefits Directorate, Newcastle-upon-Type. Where appropriate, the two copies shall first be sent to the institution which has to complete boxes 6 and 7. The institution in the place of residence should, on receiving the two copies, complete Part B and send one copy to the institution shown in box 7.A. Notification of entitlement1.Institution of the place of residence (2)1.1.Name: ................... 1.2.Address (3): ....................................1.3.Reference: your E 107 form of ...................2.Pensioner (scheme for employed persons)Pensioner (scheme for self-employed persons)2.1.Surname (4)2.2.ForenamesPrevious names (4)Date of birth2.3.Address in the country of residence (3):2.4.Date of transfer of residence, if applicable:2.5.Identification number (5):3.To be completed by the institution responsible for payment of the pension3.1.The person concerned indicated above has been entitled to a pension forold ageinvaliditysurvivalaccident at workoccupational disease3.2.since3.3.Pension No:4.Institution which completed box 3 (6)4.1.Name: ................... 4.2.Address (3):4.3.Stamp4.4.Date 4.5.Signature ....................E 1215.Member of the family of the pensioner5.1.Surname (4) ....................5.2.Forenames / Previous names (4) / Date of birth............../ .................../ .............5.3.Address in the country of residence (3): ...................5.4.Date of transfer of residence, if applicable: ..............5.5.Identification No (5): .....................................6.To be completed by the institution responsible for payment of the pension or by the sickness or maternity insurance institutionin the country responsible for payment of the pension (7)6.1.Code number of the investigation institution (8):6.2.The person concerned indicated in box 2The person concerned indicated in box 5is entitled to sickness and maternity benefits in kind from6.3.The cost of the benefits to be provided in their country of residence - unless they reside in the competent country -will be borne by us6.4.fromuntil this certificate is cancelled6.5.for one year from (9)6.6.The issue of this certificate renders the E form of null and void7.Institution which completed box 6 (7)7.1.Name: ................... 7.2.Address (3):..............7.3.Stamp7.4.Date: .....................7.5.Signature: ................B. Notification of registration or non-registration8.(10)8.1.The person concerned indicated in box 2The person concerned indicated in box 5could not be registered8.2.because the person concerned is already entitled to benefits in kind under the legislation of our country8.3. other reasons: ........................E 1219.(10)9.1.The person concerned indicated in box 2The person concerned indicated in box 5has been registered.9.2.The costs of these benefits should be borne by you; the date from which the lump sum provided for in Article 95 of Regulation (EEC) No 574/72 should be calculated is9.3.Code number of the institution of the place of residence (8):10.Institution of the place of residence of the pensioner or member of his family10.1.Name: ....................10.2.Address (3): .........................................Téléphone ..................... Télécopieur ...............10.3.Stamp10.4.Date: ......................10.5.Signature: .................E 121INSTRUCTIONSPlease complete this form in block letters, writing on the dotted lines only. It consists of four pages, none of which may be left out even if it does not contain any relevant information. A separate form must be completed for each person to be registered.Information for the pensioner or member of his family(a)You should, as soon as possible, send the two copies of this form to one of the following insurance institutions:in Belgium, the 'mutualité' (local sickness insurance fund) of your choicein Denmark, the local government office at the place of residencein Germany, the 'Krankenkasse' (sickness fund) in the place of residence chosen by the person concernedin Greece, normally the regional or local branch of the Social Insurance Institute (IKA). The branch office should issue the person concerned with a 'health book', without which no benefits in kind can be providedin Spain, the 'Dirección Provincial del Instituto Nacional de la Seguridad Social' (Provincial Directorate of the National Social Security Institution) of the place of residencein France, the 'Caisse primaire d'assurance-maladie' (local sickness insurance fund)in Ireland, the Health Board in whose area the benefit is claimedin Italy, the 'Unità sanitaria locale' (USL, the local health administration unit) responsible for the area concernedin Luxembourg, the 'Caisse de maladie des ouvriers' (sickness fund for manual workers)in the Netherlands, any sickness fund competent for the place of residencein Austria, the 'Gebietskrankenkasse' (Regional Fund for Sickness Insurance) competent for your place of residencein Portugal for mainland Portugal: the 'Centro Regional de Segurança Social' (Regional Social Security Centre) of the place of residence; for Madeira, the 'Direcção Regional de Segurança Social' (Regional Social Security Directorate) in Funchal; for the Azores: 'Direcção Regional de Segurança Social' (Regional Social Security Directorate) in Angra do Heroísmoin Finland, the local office of the 'Kansaneläkelaitos' (Social Insurance Institution)in Sweden, 'försäkringskassan' (Social Insurance Office) at the place of residencein Iceland, the 'Tryggingastofnun Rikisins' (State Social Security Institution), Reykjavikin Liechtenstein, the 'Amt für Volkswirtschaft' (Office of National Economy), Vaduzin Norway, the 'lokale Trygdekontor' (local Insurance Office) at the place of residence.(b) You must inform the insurance institution to which you submit the form of any change of circumstances which might affect the right to benefits in kind, such as suspension or withdrawal of pension, or change of place of residence, etc.NOTES(*)EEA Agreement on the European Economic Area, Annex VI, Social Security: for the purposes of this Agreement the present form shall also apply to Iceland, Liechtenstein and Norway.(1)Symbol of the country to which the institution completing Part A of the form belongs: B = Belgium; DK = Denmark; D = Germany; GR = Greece; E = Spain; F = France; IRL = Ireland; I = Italy; L = Luxembourg; NL = Netherlands; A = Austria; P = Portugal; FIN = Finland; S = Sweden; GB = United Kingdom; IS = Iceland; FL = Liechtenstein; N = Norway.(2)Complete only if the form is drawn up at the request of the institution in the place of residence.(3)Street, number, post code, town, country.(4)In the case of Spanish nationals, state both names at birth.In the case of Portuguese nationals, state all names (forenames, surname, maiden name) in the order of civil status in which they appear on the identity card or passport.(5)For the Italian nationals indicate, if possible, the insurance number and/or the 'codice fiscale'.(6)In France, for self-employed persons, the box must be filled in by the institution for sickness and maternity insurance.(7)In Italy, boxes 6 and 7 should be completed exclusively by the USL or the Ministry of Health.(8)To be completed where this exists.(9)If the form issued by a German, French, Italian or Portuguese institution concerns a family member.(10)Complete box 8 or 9, where appropriate, and put a cross in the corresponding square.EUROPEAN COMMUNITIES Social Security RegulationsEEA (*)See Instructions on page 3E 127(1)INDIVIDUAL RECORD OF MONTHLY LUMP-SUM PAYMENTSRegulation (EEC) No 1408/71: Article 36.1 and 2Regulation (EEC) No 574/72: Article 94; Article 951.Record No ..................... of year 19....... (2)2.Competent institution2.1.Name .............. Code number (4) .............2.2.Address (3) .....................................3.The right to benefits in kind has been acquired for theemployed personself-employed personpensioner (scheme for employed persons)pensioner (scheme for self-employed persons)3.1.Surname (5) ............................3.2.Forenames / Previous names (5) / Date of birth ............../ .................../ ..............3.3.Identification number allocated by the competent institution (6): ..................................4.This individual record concerns:4.1.the family of the worker named in box 3 living at the following address (3):...................................................4.2.the pensioner named in box 3 living at the following address (3):...................................................4.3.the following member of the family of the pensioner named in box 34.3.1.Surname (5): ................................4.3.2.Forenames: / Previous names (5): / Date of birth: ................ / ..................../ .............. 4.3.3.Address (3): .....................................4.3.4.Identification number allocated by the competent institution (6):........................................................E 1275.The right to benefits of the person(s) named in 4.1 / 4.2 / 4.3 was certified by your formE .... of ..............6.For the period during which this right existed(from ................. to .....................)6.1.the number of monthly lump-sum paymentsper family (of a worker) / per family member / per individualis .................7.Institution of the place of residence7.1.Name: ............... Code number (7): .............7.2.Address (3): .......................................7.3.Stamp7.4.Date: ......................7.5.Signature: .................8.For official use onlyE 127INSTRUCTIONSPlease complete three copies of this form in block letters, writing on the dotted lines only. A separate form must be completed for each pensioner and each member of the family of a pensioner.The institution of the place of residence should draw up the form for one calendar year and send it to the competent institution through the body designated for the implementation of Article 102(2) of Regulation (EEC) No 574/72.NOTES(*)EEA Agreement on the European Economic Area, Annex VI, Social Security: for the purposes of this Agreement the present form shall also apply to Iceland, Liechtenstein and Norway.(1)Symbol of the country to which the institution completing Part A of the form belongs: B = Belgium; DK = Denmark; D = Germany;GR = Greece; E = Spain; F = France; IRL = Ireland; I = Italy; L = Luxembourg; NL = Netherlands; A = Austria; P = Portugal;FIN = Finland; S = Sweden; GB = United Kingdom; IS = Iceland; FL = Liechtenstein; N = Norway.(2)The year to be indicated here is that in which the benefits were provided.(3)Street, number, post code, town, country.(4)To be completed if it is known.(5)In the case of Spanish nationals, state both names at birth.In the case of Portuguese nationals, state all names (forenames, surname, maiden name) in the order of civil status in which they appear on the identity card or passport.(6)For Italian nationals indicate, if possible, the insurance number and/or the 'codice fiscale'.(7)To be completed where this exists.>END OF GRAPHIC>


title: 2012/608/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the ENIAC Joint Undertaking for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/320

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the ENIAC Joint Undertaking for the financial year 2010
   (2012/608/EU)
   THE EUROPEAN PARLIAMENT,

               —

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

               —

               having regard to the Court of Auditors’ report on the annual accounts of the ENIAC 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 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking (3),

               —

               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 (A7-0112/2012),

               1.

               Grants the Executive Director of the ENIAC 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 ENIAC 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. 48.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 30, 4.2.2008, p. 21.

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

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/321

         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 ENIAC Joint Undertaking for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

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

               —

               having regard to the Court of Auditors’ report on the annual accounts of the ENIAC 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 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking (3),

               —

               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 (A7-0112/2012),

               A.

               whereas the ENIAC Joint Undertaking (‘the Joint Undertaking’) was set up in 20 December 2007 for a period of 10 years to define and implement a ‘research agenda’ for the development of key competences for nanoelectronics across different application areas,

               B.

               whereas the Joint Undertaking was granted its financial autonomy in July 2010,

               C.

               whereas the Joint Undertaking is in a start-up phase and had not yet fully established its internal control and financial reporting systems by the end of 2010,

               D.

               whereas the Court of Auditors in its reports on the annual accounts of the Joint Undertaking for the financial year 2010, qualified its opinion with regard to the reliability of the accounts on the grounds that the Joint Undertaking has not included in the accounts the Budgetary Outturn Account and its reconciliation to the Economic Outturn Account,

               E.

               whereas the Court of Auditors in its reports on the annual accounts of the Joint Undertaking for the financial year 2010 states that it has obtained reasonable assurance that the underlying transactions are legal and regular,

               F.

               whereas the maximum contribution for the period of 10 years from the Union to the Joint Undertaking is EUR 450 000 000 to be paid from the budget of the seventh research framework programme,

               G.

               whereas the budget of the Joint Undertaking for the financial year 2010 amounted to EUR 38 440 000,

      Reliability of the Joint Undertaking’s accounts

               1.

               Is concerned that the Joint Undertaking received a qualified opinion from the Court of Auditors on the reliability of the accounts, on the grounds that it has not included in the accounts the Budgetary Outturn Account and its reconciliation to the Economic Outturn Account as required by EC Accounting Rule 16 ‘Presentation of budget information in the annual accounts’;

               2.

               Notes from the Joint Undertaking that the qualified opinion is due to the fact that the Joint Undertaking and the Court of Auditors referred to different dates to establish when the Joint Undertaking started to work autonomously;

      Budget and financial management

               3.

               Acknowledges that the Joint Undertaking’s budget was managed by DG INFSO from 1 January 2010 to 4 May 2010; notes that the administrative appropriations were transferred to the Joint Undertaking in May 2010 but that the operational budget lines were not transferred and remained inaccessible in the accounting system until the Joint Undertaking was officially granted financial autonomy on 26 July 2010; highlights that the Joint Undertaking acquired the capacity to implement its own budget from 22 September 2010 with the transfer of appropriations for the operational activities;

               4.

               Notes from the Joint Undertaking that the final budget included commitment and payment appropriations amounting to EUR 38 440 000, of which EUR 36 168 000 is devoted to the Call 2010;

               5.

               Acknowledges that the utilisation rates for the available commitment and payment appropriations were 99 % and 24 % respectively; is concerned about the low implementation rate of the payments’ budget and, moreover, about the underlying activities of the Joint Undertaking; underlines that the cash balance stood at EUR 20 000 000 at the end of the year representing 53 % of the available payment appropriations for 2010;

               6.

               Remarks that the low implementation of the payment appropriations is the result of the delayed transfer of the operational activities and the corresponding funding from the Commission to the Joint Undertaking;

               7.

               Notes from comments of the Joint Undertaking that a Manual of Procedures ensuring segregation of duties has been elaborated and has enabled the identification of the five following exceptions that happened in the initial phase of implementing the own budget:

                           —

                           three contracts signed while the ABAC transactions were still progressing towards completion, because the duration of the ABAC procedure had been underestimated,

                           —

                           one contract linked to an existing commitment has been signed prior to determining that it required a new commitment,

                           —

                           one missing contract has been discovered during the handover at autonomy and has been signed after the first payments were approved,

                     takes note that the corrective actions have been implemented and no further exceptions were recorded;

      Internal control systems

               8.

               Urges the Joint Undertaking to complete its internal controls and financial information systems; calls on the Joint Undertaking in particular, to establish and document important elements of its internal control system, such as accounting procedures and controls relating to the closure of the accounts and to the recognition and measurement of the operational expenditure;

               9.

               Notes the Court of Auditors’ finding that control weaknesses were detected in the area of ex-ante financial verification of pre-financing payments, in particular regarding the calculation and validation of the amounts paid; underlines that full reliance was placed on the certificates received from the National Funding Authorities for pre-financing payments and for acceptance of costs and that no other checks were performed to ensure the legality and regularity of the expenses declared;

               10.

               Notes that the ex-post audit of cost claims related to the projects has been fully delegated to the Member States; finds it important, nevertheless, that the Joint Undertaking ensures that the financial interests of its members are adequately protected and that the underlying transactions are legal and regular; 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 of ex-post audit of cost claims and to inform the discharge authority of the mechanism implemented to ensure compliance with Article 12 of its Founding Regulation (EC) No 72/2008;

               11.

               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 about the state of validation of the underlying business processes;

               12.

               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 IT strategic planning cycle, the data classification according to confidentiality and integrity requirements 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;

      Internal audit

               13.

               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;

               14.

               Notes, however, that the mission charter of the Commission’s Internal Audit Service was adopted by the Governing Board of the Joint Undertaking;

      Delayed financial autonomy

               15.

               Reiterates that the Joint Undertaking was set up in February 2008 but started to work autonomously in July 2010; expresses its great concern that the Joint Undertaking has used one quarter of its envisaged duration, up to 31 December 2017, to achieve financial autonomy; notes that it was just after September 2010, when the cash transfer from the Commission to the Joint Undertaking covering the operational appropriations was made, that the Joint Undertaking was able to make operational payments; insists that these delays should not, however, cause a prolongation of the 10-year period of its existence but should embolden the management of the Joint Undertaking to address all shortcomings and reach its objectives within the envisaged 10-year period;

      Call for proposals and project management

      Call 2010

               16.

               Notes from the Joint Undertaking that the response to Call 3 for proposals has been strong; takes note that 10 proposals have been selected for funding but that 11 projects above threshold could not be funded because the available budget had been exhausted;

      Calls 2008 and 2009

               17.

               Is deeply concerned by the slow progression of the projects under Call 1 (2008) and Call 2 (2009);

               18.

               Notes from the Joint Undertaking’s 2010 Annual Activity Report (AAR) that for Call 1 the situation at year-end 2010 is as follows:

                           —

                           of the total 166 partners, six partners (3,6 %) did not have an National Grants Agreements mainly due to paperwork in progress after changes,

                           —

                           15,1 % of the partners (25, mainly Italian partners) have closed a National Grants Agreements but did not sign the Accession Form;

               19.

               Acknowledges from comments of the Joint Undertaking that the contracts progressed even slower for the projects arising from Call 2 for which only six Joint Undertaking Grant agreements could be signed before the end of 2010 while the remaining five projects have been delayed for the following reasons:

                           —

                           three projects have Italian project coordinators who are still waiting for the national decree and did not agree to be replaced by partners from other countries,

                           —

                           the SMART project has been redefined after France cancelled funding due to budgetary cuts several months after the Public Authorities Board funding decision,

                           —

                           Mirandela was ready for signature but had a last minute change in the responsible person authorised to sign;

               20.

               Establishes from the AAR that since the inception of the programme until the end of 2010, the Joint Undertaking executed more than 300 grant payments for a total of EUR 9 800 000; notes that the Joint Undertaking considers the situation of contracts and payments unacceptable and decided to take actions to:

                           —

                           make sure that the entities involved in the process are knowledgeable on the procedures,

                           —

                           clarify the sequence of events and the exchanges that must take place with the National Funding Authorities,

                           —

                           define steps to be taken and accelerate the procedures,

                           —

                           follow up on the progress through visits to the national entities to review status or clarify procedures;

               21.

               Calls on the Joint Undertaking to provide the discharge authority with:

                           —

                           an up-to-date report on the current situation regarding projects under Calls 1 and 2 in terms of progression of contract settlement and grant payments,

                           —

                           an evaluation report on the measures undertaken to speed-up the contracting and payment process and the progress achieved through their implementation,

                           —

                           an up-to-date report on the current situation regarding the projects under Call 3 both in terms of contracting and payment;

      Performance

               22.

               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;

               23.

               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;

               24.

               Notes that the Joint Undertaking considers the underspending of its operational budget as the most important issue affecting its ability to fulfil its mission; notes that as a consequence the Joint Undertaking engaged in 2010 in identifying action items that would induce a positive evolution of the situation, including:

                           —

                           the stimulation of the definition of strategically relevant projects,

                           —

                           the identification of national programmes that would benefit from being elevated in a European context,

                           —

                           the engagement of additional national funding entities,

                           —

                           the optimisation of the funding split between Eureka cluster Catrene and the Joint Undertaking,

                     calls on the Joint Undertaking to inform the discharge authority of the state of implementation of these action items and on the results achieved;

               25.

               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 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 on this matter;

      Lack of host State agreement

               26.

               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 72/2008;

      Horizontal observations on the Joint Undertakings

               27.

               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;

               28.

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

               29.

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

               30.

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

               31.

               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;

               32.

               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;

               33.

               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;

               34.

               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;

               35.

               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;

               36.

               Invites the Court of Auditors to provide, within a reasonable deadline, a special report to 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. 48.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 30, 4.2.2008, p. 21.

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


title: 2009/207/EC: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/134

         DECISION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2006
   (2009/207/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2006, together with the Centre's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (4), and in particular Article 15 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0116/2008),

               1.

               Grants the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge in respect of the implementation of the Centre's budget for the financial year 2006;

               2.

               Sets out its observations in the Resolution below;

               3.

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

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 67.

      (2)  OJ C 309, 19.12.2007, p. 128.

      (3)  OJ L 248, 16.9.2002, p. 1.

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

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

               31.3.2009

               EN

               Official Journal of the European Union

               L 88/135

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2006
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2006, together with the Centre's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (4), and in particular Article 15 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0116/2008),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurance that the annual accounts for the financial year 2006 are reliable, and the underlying transactions are legal and regular,

               B.

               whereas on 24 April 2007 Parliament granted the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge in respect of the implementation of the Centre's budget for the financial year 2005 (6), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           noted that expenditure on administration showed a high carry-over rate of almost 40 %; invited the Centre to manage its procurement policy better, in order to avoid carrying over appropriations,

                           —

                           noted deficiencies in staff recruitment and mission procedures and invited the Centre to apply those procedures correctly,

                           —

                           noted that a number of anomalies were revealed in the course of checks on procurement and contracting procedures,

                           —

                           invited the Centre to include the fixed asset inventory systems in the general accounts, as in the absence of a reliable labelling system, the traceability of assets entered in the inventory cannot be assured;

   General points which relate to horizontal issues affecting the EU agencies and which therefore also have a bearing on the discharge procedure for each individual agency

               1.

               Notes that the budgets of the 24 agencies and other satellite bodies audited by the Court of Auditors totalled EUR 1 080,5 million in 2006 (the biggest being that of the European Agency for Reconstruction at EUR 271 million and the smallest being that of the European Police College (CEPOL) at EUR 5 million);

               2.

               Points out that the range of external EU bodies subject to audit and discharge now includes not only traditional regulatory agencies but also executive agencies set up to implement specific programmes, and will in the near future also extend to joint undertakings set up as public-private partnerships (joint technology initiatives);

               3.

               Observes as regards the Parliament that the number of agencies subject to the discharge procedure has evolved as follows: financial year 2000: 8; 2001: 10; 2002: 11; 2003: 14; 2004: 14; 2005: 16; 2006: 20 regulatory agencies and two executive agencies (not including two agencies which are audited by the Court of Auditors but subject to an internal discharge process);

               4.

               Concludes therefore that the auditing/discharge process has become cumbersome and disproportionate compared to the relative size of the agencies'/satellite bodies' budgets; instructs its competent committee to undertake a wide-ranging review of the discharge process as regards agencies and satellite bodies with a view to devising a simpler and more rational approach, bearing in mind the ever-growing number of bodies each requiring a separate discharge report in future years;

         Fundamental considerations

               5.

               Requests that the Commission provide clear explanations regarding the following elements before the creation of a new agency or reform of an existing agency: agency type, objectives of the agency, internal governance structure, products, services, key procedures, target group, clients and stakeholders of the agency, formal relationship with external actors, budget responsibility, financial planning, and personnel and staffing policy;

               6.

               Requests that each agency be governed by a yearly performance agreement which is formulated by the agency and the responsible DG and which should contain the main objectives for the coming year, a financial framework and clear indicators to measure performance;

               7.

               Requests that the performance of the agencies be regularly (and on an ad-hoc basis) audited by the Court of Auditors or another independent auditor; considers that this should not be limited to traditional elements of financial management and the proper use of public money, but should also cover administrative efficiency and effectiveness and should include a rating of the financial management of each agency;

               8.

               Takes the view that in the case of agencies which are continually overestimating their respective budget needs, technical abatement should be made on the basis of vacant posts; is of the opinion that this will lead in the long run to less assigned revenue for the agencies and therefore also to lower administrative costs;

               9.

               Notes that it is a serious problem that a number of agencies is criticised for not following rules on public procurement, the Financial Regulation, the Staff Regulations, etc.; considers that the principal reason for this is that most regulations and the Financial Regulation are designed for bigger institutions and that most of the small agencies do not have the critical mass to be able to cope with these regulatory requirements; therefore asks the Commission to look for a rapid solution in order to enhance the effectiveness by grouping the administrative functions of various agencies together, in order to achieve this critical mass (taking into consideration the necessary changes in the basic regulations governing the agencies and their budgetary independence), or urgently to draft specific rules for the agencies (in particular implementing rules for the agencies) which allow them to be in full compliance;

               10.

               Insists that the Commission, when drafting the Preliminary Draft Budget, take into consideration the results of budget implementation by the individual agencies in former years, in particular in year n-1, and revise the budget requested by the particular agency accordingly; invites its competent committee to respect this revision and, if not undertaken by the Commission, to revise itself the budget in question to a realistic level matching the absorption and implementation capacity of the agency in question;

               11.

               Recalls its decision on discharge in respect of the financial year 2005, in which it invited the Commission to present every five years a study on the added value of every existing agency; invites all relevant institutions in the case of a negative evaluation of the added value of an agency to take the necessary steps by reformulating the mandate of that agency or by closing it; notes that there has not been one single evaluation undertaken by the Commission in 2007; insists that the Commission should present at least five such evaluations before the decision on discharge in respect of the financial year 2007, starting with the oldest agencies;

               12.

               Is of the opinion that recommendations of the Court of Auditors should be promptly implemented and the level of subsidies paid to the agencies should be aligned with their real cash requirements; considers further that the amendments to the general Financial Regulation should be incorporated into the agencies' framework financial regulation and into their various specific financial regulations;

         Presentation of reporting data

               13.

               Notes that there is no standard approach among the agencies with regard to the presentation of their activities during the financial year in question and of their accounts and reports on budgetary and financial management, nor to the question as to whether a declaration of assurance should be drawn up by the agency's director; observes that not all agencies clearly distinguish between (a) presenting the agency's work to the public; and (b) technical reporting on budgetary and financial management;

               14.

               Notes that while the Commission's standing instructions for the preparation of activity reports do not expressly require the agency to draw up a declaration of assurance, many directors have none the less done so for 2006, in one case including an important reservation;

               15.

               Recalls paragraph 25 of its resolution of 12 April 2005 (7), inviting the directors of the agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

               16.

               Asks the Commission to amend its standing instructions to the agencies accordingly;

               17.

               Suggests in addition that the Commission should work with the agencies towards producing a harmonised model applicable to all agencies and satellite bodies clearly distinguishing between:

                           —

                           an annual report intended for a general readership on the body's operations, work and achievements,

                           —

                           financial statements and a report on implementation of the budget,

                           —

                           an activity report along the lines of the activity reports of the Directors-General of the Commission,

                           —

                           a declaration of assurance signed by the body's director, together with any reservations or observations which he considers it appropriate to draw to the attention of the discharge authority;

         General findings by the Court of Auditors

               18.

               Notes the Court's finding (Annual Report, paragraph 10.29 (8)) that the disbursement of subsidies paid by the Commission from the Community budget is not based on sufficiently justified estimates of the agencies' cash requirements and that this, combined with the size of carry-overs, leads them to hold sizeable cash balances; notes further the Court's recommendation that the level of subsidies paid to the agencies should be in line with their real cash requirements;

               19.

               Notes that at the end of 2006 14 agencies had still to implement the ABAC accounting system (Annual Report, footnote to paragraph 10.31);

               20.

               Notes the Court's remark (Annual Report, paragraph 1.25) concerning accrued charges for untaken leave which are accounted for by some agencies; points out that the Court of Auditors has qualified its statement of assurance in the case of three agencies (European Centre for the Development of Vocational Training (Cedefop), CEPOL and the European Railway Agency) for the financial year 2006 (2005: Cedefop, European Food Safety Authority, European Agency for Reconstruction);

         Internal audit

               21.

               Recalls that in accordance with Article 185(3) of the Financial Regulation the Internal Auditor of the Commission is also the internal auditor of the regulatory agencies receiving grants charged to the EU budget; points out that the Internal Auditor reports to each agency's management board and director;

               22.

               Draws attention to the reservation entered in the Internal Auditor's Annual Activity Report for 2006 as follows:
               ‘The Internal Auditor of the Commission is not in a position to properly fulfil his obligation assigned by Article 185 of the Financial Regulation as internal auditor of the Community bodies due to a lack of staff resources.’;

               23.

               Notes, however, the Internal Auditor's remark in his activity report for 2006 that as from 2007, with the additional staff resources granted by the Commission to the Internal Audit Service (IAS), all regulatory agencies in operation will be subject to internal audit work on an annual basis;

               24.

               Notes the ever-growing number of regulatory and executive agencies and joint undertakings required to be audited by the IAS under Article 185 Financial Regulation; asks the Commission to inform its competent committee as to whether the staff resources at the IAS's disposal will be sufficient to conduct an annual audit of all such bodies in the coming years;

               25.

               Observes that Article 72(5) of Regulation (EC, Euratom) No 2343/2002 requires each agency to send each year to the discharge authority and the Commission a report drawn up by its director summarising the number and type of internal audits conducted by the internal auditor, the recommendations made and the action taken on these recommendations; asks the agencies to indicate whether this is done and, if so, how;

               26.

               Takes note, as regards internal audit capability, especially in relation to the smaller agencies, of a proposal made by the Internal Auditor before Parliament's competent committee on 14 September 2006 that smaller agencies should be authorised to buy in internal audit services from the private sector;

         Evaluation of agencies

               27.

               Recalls the joint statement by the Parliament, the Council and the Commission (9) negotiated at the conciliation before the Ecofin budget Council of 13 July 2007 calling for (i) a list of agencies which the Commission intends to assess; and (ii) a list of the agencies already assessed, together with a summary of the major findings;

         Disciplinary procedures

               28.

               Notes that, because of their size, individual agencies have difficulty in setting up ad-hoc disciplinary boards composed of staff at the appropriate career grade and that the Commission's IDOC (Investigation and Disciplinary Office) is not competent for agencies; calls on the agencies to consider an inter-agency disciplinary board;

         Draft Interinstitutional Agreement

               29.

               Recalls the draft Interinstitutional Agreement on the operating framework for the European regulatory agencies presented by the Commission (COM(2005) 59), which was intended to create a horizontal framework for the creation, structure, operation, evaluation and control of the European regulatory agencies; notes that the draft represents a useful initiative in the effort to rationalise the creation and running of agencies; notes the statement in the Commission's 2006 synthesis report (paragraph 3.1, COM(2007) 274) that although progress in negotiations stalled after publication of the draft, discussions on substance were relaunched in the Council at the end of 2006; regrets that it has not been possible to make further progress towards adoption;

               30.

               Welcomes therefore the Commission's commitment to bring forward a communication on the future of the regulatory agencies during the course of 2008;

         Self-financed agencies

               31.

               Recalls that for the two self-financing agencies, discharge is given to the director by the administrative board; notes that both have significant accumulated surpluses from fee income carried over from previous years figures, as follows:

                           —

                           Office for Harmonization of the Internal Market cash and cash equivalents: EUR 281 million (10),

                           —

                           Community Plant Variety Office cash and cash equivalents: EUR 18 million (11);

         Specific points

               32.

               Notes the Court of Auditors' observations in its 2006 report that:

                           —

                           the Centre reduced the level of carry-overs to 25 % in 2006 (40 % in 2005),

                           —

                           there were delays in making payments to the national focal points of Reitox (European Information Network on Drugs and Drug Addiction) under grant agreements,

                           —

                           despite his long-term secondment to the Commission in Brussels having come to an end, a staff member continued to be paid by the Centre without having resumed work in Lisbon; notes that the matter is currently the subject of legal proceedings under the Staff Regulations;

               33.

               Welcomes the Centre's efforts to improve the implementation of its budget; regrets however the fact that the level of carry-overs is still too high;

               34.

               Notes from the Centre's accounts that in July 2006 it completed a physical check of its inventory and that the results were entered into a specific computer system;

               35.

               Notes that the Centre's balance sheet includes land and buildings valued at EUR 2,5 million;

               36.

               Notes from the Centre's very comprehensive annual activity report that an evaluation of its operations was carried out in 2007; notes further that the Centre relies on the Commission's Internal Audit Service for its internal audit;

               37.

               Notes from the Centre's work programmes for 2007 and the period 2007 to 2009 the adoption of a management plan to implement the recent recommendations of the Commission's Internal Audit Service, as well as the following strategic objectives:

                           —

                           developing ex-post control of financial transactions,

                           —

                           developing an internal capacity for risk assessment and internal audit,

                           —

                           developing tools and procedures for integrated resources management and promoting external synergies, particularly with the European Maritime Safety Agency (EMSA), also based in Lisbon,

                           —

                           implementing a more structured and effective human resources policy,

                           —

                           successfully completing the move to its new headquarters in Lisbon.

      (1)  OJ C 261, 31.10.2007, p. 67.

      (2)  OJ C 309, 19.12.2007, p. 128.

      (3)  OJ L 248, 16.9.2002, p. 1.

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

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

      (6)  OJ L 187, 15.7.2008, p. 99.

      (7)  Resolution of the European Parliament containing the comments accompanying the decision on the discharge to the Director of the European Monitoring Centre for Drugs and Drug Addiction in respect of the implementation of its budget for the financial year 2003 (OJ L 196, 27.7.2005, p. 121).

      (8)  OJ C 273, 15.11.2007, p. 1.

      (9)  Council document DS 605/1/07 Rev1.

      (10)  Source: report on the annual accounts of the Office for Harmonization in the Internal Market for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 141).

      (11)  Source: report on the annual accounts of the Community Plant Variety Office for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 135).


title: Council Decision (CFSP) 2015/440 of 16 March 2015 extending the mandate of the European Union Special Representative for the Horn of Africa

text:
               17.3.2015

               EN

               Official Journal of the European Union

               L 72/32

         COUNCIL DECISION (CFSP) 2015/440
   of 16 March 2015
   extending the mandate of the European Union Special Representative for the Horn of Africa
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 33 and Article 31(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 8 December 2011, the Council adopted Decision 2011/819/CFSP (1) appointing Mr Alexander RONDOS as the European Union Special Representative (EUSR) for the Horn of Africa. The EUSR's mandate is to expire on 28 February 2015.

               (2)

               The mandate of the EUSR should be further extended until 31 October 2015.

               (3)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Alexander RONDOS as the EUSR for the Horn of Africa is extended until 31 October 2015. The Council may decide that the mandate of the EUSR be terminated earlier, based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   For the purposes of the mandate of the EUSR, the Horn of Africa is defined as comprising the Republic of Djibouti, the State of Eritrea, the Federal Democratic Republic of Ethiopia, the Republic of Kenya, the Federal Republic of Somalia, the Republic of the Sudan, the Republic of South Sudan and the Republic of Uganda. For issues with broader regional implications, the EUSR shall engage with countries and regional entities beyond the Horn of Africa, as appropriate.
   Article 2
   Policy objectives
   1.   The mandate of the EUSR shall be based on the policy objectives of the Union in relation to the Horn of Africa, as set out in its strategic framework adopted on 14 November 2011 and in relevant Council conclusions, namely to contribute actively to regional and international efforts to achieve peaceful coexistence and lasting peace, security and development within and among the countries in the region. The EUSR shall furthermore aim to enhance the quality, intensity, impact and visibility of the Union's multifaceted engagement in the Horn of Africa.
   2.   The policy objectives shall include, inter alia:

               (a)

               the continued stabilisation of Somalia, particularly as approached from a regional dimension;

               (b)

               the peaceful coexistence of Sudan and South Sudan as two viable and prosperous states with robust and accountable political structures;

               (c)

               the resolution of current conflicts and avoidance of potential conflicts between or within countries in the region;

               (d)

               support for political, security and economic regional cooperation.

         Article 3
   Mandate
   1.   In order to achieve the Union's policy objectives in relation to the Horn of Africa, the mandate of the EUSR shall be to:

               (a)

               engage with all relevant stakeholders of the region, governments, regional authorities, international and regional organisations, civil society and diasporas, with a view to furthering the Union's objectives, and contribute to a better understanding of the role of the Union in the region;

               (b)

               represent the Union in relevant international forums, as appropriate, and ensure visibility for Union support to crisis management, as well as conflict resolution and prevention;

               (c)

               encourage and support effective political and security cooperation and economic integration in the region through the Union's partnership with the African Union (AU) and regional organisations, in particular the Intergovernmental Authority on Development (IGAD);

               (d)

               follow political developments in the region and contribute to the development of the Union's policy towards the region, including in relation to Somalia, Sudan, South Sudan, the Ethiopia-Eritrea border issue and implementation of the Algiers Agreement, the Nile Basin initiative and other concerns in the region that impact on its security, stability and prosperity;

               (e)

               with regard to Somalia, and working in close coordination with the EU Special Envoy for Somalia and relevant regional and international partners, including the United Nations (UN) Secretary-General Special Representative for Somalia and the AU, contribute actively to actions and initiatives leading to further stabilisation and post transition arrangements for Somalia, with an emphasis on promoting a coordinated and coherent international approach towards Somalia, building good neighbourly relations and supporting the development of the security sector in Somalia, including, through the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia), the European Union-led naval force (EUNAVFOR Atalanta), the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP Nestor) and the Union's continued support to the African Union Mission in Somalia (Amisom), working closely with Member States;

               (f)

               with regard to Sudan and South Sudan, and working in close cooperation with the respective Heads of Union delegations, contribute to the coherence and effectiveness of Union policy towards Sudan and South Sudan and support their peaceful coexistence, in particular through implementation of the Addis Agreements and resolution of the outstanding issues following the Comprehensive Peace Agreement, including Abyei, political solutions to the ongoing conflicts, particularly in Darfur, Southern Kordofan and Blue Nile, institution-building in South Sudan and national reconciliation. In this regard, the EUSR shall contribute to a coherent international approach in close cooperation with the AU and in particular the AU High Level Implementation Panel for Sudan (AUHIP), the UN and other leading regional and international stakeholders;

               (g)

               follow closely the trans-boundary challenges affecting the Horn of Africa, including terrorism, radicalisation, maritime security and piracy, organised crime, arms smuggling, refugee and migration flows and any political and security consequences of humanitarian crises;

               (h)

               promote humanitarian access throughout the region;

               (i)

               contribute to the implementation of Council Decision 2011/168/CFSP (2) and the Union's human rights policy, in cooperation with the EUSR for Human Rights, including the EU Guidelines on human rights, in particular the EU Guidelines on children and armed conflict as well as the EU Guidelines on violence against women and girls and combating all forms of discrimination against them, and the Union's policy regarding UN Security Council Resolution 1325 (2000), including by monitoring and reporting on developments as well as formulating recommendations in this regard.

         2.   For the purpose of the fulfilment of the mandate, the EUSR shall, inter alia:

               (a)

               advise and report on the definition of Union positions in international forums, as appropriate, in order to promote proactively the Union's comprehensive policy approach towards the Horn of Africa;

               (b)

               maintain an overview of all activities of the Union.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The PSC shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS) and its relevant departments, Union delegations in the region and the Commission.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period from 1 March 2015 to 31 October 2015 shall be EUR 1 770 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of the EUSR's mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy and security issues as required by the mandate. The EUSR shall promptly and regularly inform the Council and the Commission of the composition of his team.
   2.   Member States, the institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS, and shall carry out their duties and act in the interest of the mandate of the EUSR.
   4.   The EUSR staff shall be co-located with the relevant EEAS departments or Union delegations in order to contribute to the coherence and consistency of their respective activities.
   Article 7
   Privileges and immunities of the EUSR and the staff of the EUSR
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of the EUSR's staff shall be agreed with the host countries, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (3).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission, the EEAS and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations in the region and the Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in accordance with the EUSR's mandate and the security situation in the geographical area of responsibility, for the security of all personnel under the direct authority of the EUSR, in particular by:

               (a)

               establishing a mission-specific security plan based on guidance from the EEAS, including mission-specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the mission area as well as the management of security incidents and including a mission contingency plan and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high-risk insurance, as required by the conditions in the mission area;

               (c)

               ensuring that all members of the EUSR's team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the EEAS;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented, and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress and the mandate implementation reports.

         Article 11
   Reporting
   1.   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties, as necessary. Regular reports shall be circulated through the COREU network. The EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
   2.   The EUSR shall report on the best way of pursuing Union initiatives, such as the contribution of the Union to reforms, and including the political aspects of relevant Union development projects, in coordination with the Union delegations in the region.
   Article 12
   Coordination
   1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union's actions and shall help ensure that all Union instruments and Member States' action are engaged consistently, to attain the Union's policy objectives. The activities of the EUSR shall be coordinated with those of Union delegations and of the Commission. The EUSR shall provide regular briefings to Member States' missions and Union delegations in the region.
   2.   In the field, close liaison shall be maintained with the Heads of the Union delegations and the Heads of Member States' missions. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR, in close coordination with the relevant Union delegations, shall provide local political guidance to the Force Commander of EUNAVFOR Atalanta, the EU Mission Commander of EUTM Somalia and the Head of Mission of EUCAP Nestor. The EUSR, the EU Operation Commanders and the Civilian Operation Commander shall consult each other as required.
   3.   The EUSR shall closely cooperate with the authorities of the countries involved, the UN, the AU, IGAD, other national regional and international stakeholders, and also with civil society in the region.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a comprehensive mandate implementation report by 31 August 2015.
   Article 14
   Entry into force
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 March 2015.

      Done at Brussels, 16 March 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2011/819/CFSP of 8 December 2011 appointing the European Union Special Representative for the Horn of Africa (OJ L 327, 9.12.2011, p. 62).

      (2)  Council Decision 2011/168/CFSP of 21 March 2011 on the International Criminal Court and repealing Common Position 2003/444/CFSP (OJ L 76, 22.3.2011, p. 56).

      (3)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).