title: 2011/561/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section VII — Committee of the Regions#Resolution of the European Parliament of 10 May 2011 with observations forming an integral part of its Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section VII — Committee of the Regions

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/101

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section VII — Committee of the Regions
   (2011/561/EU)
   THE EUROPEAN PARLIAMENT,

               —

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

               —

               having regard to the final annual accounts of the European Union for the financial year 2009 (SEC(2010) 963 – C7-0217/2010) (2),

               —

               having regard to the Committee of the Regions’ annual report to the discharge authority on internal audits carried out in 2009,

               —

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

               —

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

               —

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

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0139/2011),

               1.

               Grants the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the Committee of the Regions budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 69, 13.3.2009.

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

      (3)  OJ C 303, 9.11.2010, p. 1.

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

      (5)  OJ L 248, 16.9.2002, p. 1.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2011
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section VII — Committee of the Regions
      THE EUROPEAN PARLIAMENT,

                  —

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

                  —

                  having regard to the final annual accounts of the European Union for the financial year 2009 (SEC(2010) 963 — C7-0217/2010) (2),

                  —

                  having regard to the Committee of the Regions’ annual report to the discharge authority on internal audits carried out in 2009,

                  —

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0139/2011),

                  1.

                  Notes that in 2009 the Committee of the Regions (CoR) had commitment appropriations available amounting to a total of EUR 88 000 000 (EUR 93 000 000 in 2008), with a utilisation rate of 98,37 %, which is above the average of the other institutions (97,69 %);

                  2.

                  Notes that the Court of Auditors indicated in its annual report that the audit did not give rise to any significant observations as regards the CoR;

                  3.

                  Notes that the CoR obtained 10 more posts in 2009 (and 4 more in 2010); welcomes the adoption of the flexitime regulation, which entered into force on 1 January 2011; notes the CoR’s efforts in exploring the possibilities of teleworking; also notes the considerable increase of the CoR’s training budget (up 12 % compared to 2008) and increase in the number of training courses, with a shift towards more targeted courses aimed at enhancing knowledge in a specific field;

                  4.

                  Notes with satisfaction that in 2009 the CoR updated its budget-analytical monitoring tool (BudgetWatch), providing more comprehensive information on the CoR’s budget, facilitating the implementation of the CoR’s budgetary resources and identifying the areas which require management attention;

                  5.

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

                  6.

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

                  7.

                  Notes that the Internal Audit Service (IAS) carried out audits on the adequacy of budget planning systems (concluded in 2009), and on the conformity of rights establishment in progress, as well as follow-ups on mission expenses, on studies and expert advice, and the second follow-up on application of internal control standards and adequacy of financial circuits; notes that as regards the latter, despite this being the second follow-up, it still demonstrated a relatively low result indicator (i.e. the number of recommendations implemented within 12 months); also notes that the planned study on the quality of the IAS function did not take place;

                  8.

                  Reconfirms its position that, in the interests of transparency, declarations of financial interests of members of all Union institutions should be accessible on the Internet via a public register; reminds the CoR of its request that CoR members declare their financial interests, disclosing relevant information on declarable professional activities and remunerated posts or activities; notes with satisfaction the CoR response on the matter, in particular, the letter of the president of the CoR of 11 February 2011; requests the CoR to follow up this issue in its Annual Activity Report;

                  9.

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

                  10.

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

         (1)  OJ L 69, 13.3.2009.

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

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

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

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

         (6)  OJ L 252, 25.9.2010, p. 98.


title: 2012/578/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2010#Resolution of the European Parliament of 10 May 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/206

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2010
   (2012/578/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2010, together with the Centre’s replies (1),

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0134/2012),

               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 2010;

               2.

               Sets out its observations in the resolution below;

               3.

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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 156.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2012
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2010
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2010,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2010, together with the Centre’s replies (1),

                  —

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0134/2012),

                  A.

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

                  B.

                  whereas on 10 May 2011 Parliament granted the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge for implementation of the Centre’s budget for the financial year 2009 (5), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              called on the Centre to put in place appropriate instructions and procedures for analysis of potential carry-overs, and to improve the programming and monitoring of activities with a view to reducing carry-overs,

                              —

                              called on the Centre to ensure consistent implementation of the approved staff appraisal procedure,

                              —

                              urged the Centre to implement, without delay, 9 ‘very important’ recommendations of the Internal Audit Service (IAS) and to inform the discharge authority of the progress made,

                  C.

                  whereas the initial budget of the Centre for the year 2010 was EUR 15 900 323 compared with EUR 14 700 000 in 2009, which is an increase of 8,16 % compared with 2009; whereas the contribution of the Union to the budget of the Centre for 2010 was EUR 14 800 000 (6), which represents an increase of 4,59 % compared with 2009,

         Budget and financial management

                  1.

                  Observes from its Final Annual Accounts that the actual revenue of the Centre for the financial year 2010 amounted to EUR 16 245 886; notes that the difference between 2010 actual revenue and the revenue entered in the budget 2010 is due to the following factors:

                              —

                              the payment in 2010 of EUR 362 000 from the Union contribution relating to the Centre 2008 and 2009 budget revenues,

                              —

                              the offsetting of EUR 16 437 which corresponds to the positive balance of the outturn of 2008 and 2009 Norway’s contribution to the Centre’s budget,

                              —

                              the sum of EUR 1 980,00 corresponding to an amount cashed in 2010 but not entered in the 2010 budget;

                  2.

                  Notes that the Union contribution for 2010 amounts to a total of EUR 14 800 000, of which an amount of EUR 200 000 coming from the recovery of surplus was added to the amount of EUR 14 600 000 entered in the budget;

                  3.

                  Notes from the Final Annual Accounts of the Centre that the execution rate concerning appropriations from the 2010 budget stands at 98,82 % (-0,03 % against 2009) for commitment appropriations, 94,85 % for payment appropriations against commitments (-1,66 % against 2009) and 93,73 % for payment against the final budget (-1,67 % against 2009);

                  4.

                  Observes, moreover, that data relating to the budget execution of Titles I and II (staff and support activities) showed an increase compared with the 2009 execution rate both in terms of commitments and payments, respectively + 0,57 % and + 13,4 %; notes that the execution rate stands at 99,15 % for commitment appropriations and at 96,64 % for payment appropriations, against 98,58 % and 95,30 % for 2009;

                  5.

                  Establishes that the execution rate for Title III (projects and operational activities) shows a decrease in the use of payment appropriations (-9,58 %) compared with 2009 and a small decrease on the committed on final budget appropriations of 1,37 %; notes also that the execution rate stands at 98,04 % for commitment appropriations and at 88,83 % for payment appropriations; notes from the Centre that the situation was due to the following factors:

                              —

                              more than 70 % of the National Focal Points were only able to request the payment of the first instalment of the 2010 Reitox co-financing,

                              —

                              the impossibility of executing, before the end of 2010, some payments linked to the refunding of costs for technical meetings that were held in the last part of the year,

                              —

                              a residual number of payments linked to the implementation of small contracts for external technical studies/surveys could not be executed, due to the late conclusion of the relevant procurement/contracting operations;

                        Is of the opinion that a low execution rate for payment appropriations under Title III affects the development of the Centre’s projects and activities and might have a negative impact on their planed outcomes; calls, therefore, on the Centre to take immediate action to increase the execution rate for payment appropriations in the future and to keep the discharge authority informed of the progress achieved;

                  6.

                  Calls on the Centre to consolidate its financial management; recognises that drug-related issues should be adequately represented in the new multiannual financial framework (2014-2020);

         Carry-over appropriations

                  7.

                  Welcomes the Centre’s initiative to further reduce the volume of appropriations carried forward; acknowledges, in particular, from its Annual Activity Report that the Centre took the following measures:

                              —

                              five training sessions concerning budget operations and procurement processes have been held for the Centre’s different financial and operational actors,

                              —

                              clearer and more structured instructions and procedures have been put in place for the analysis and prevention of carry-forwards,

                              —

                              the tendering process aimed at implementing the Annual Work Programme/Budget has, as much as possible, been anticipated in advance so that as a rule these processes are carried out during the first semester of the year,

                              —

                              an AD staff member was recruited to enhance the Centre’s capacity to plan and monitor its activities;

                        Calls nevertheless on the Court of Auditors to inform the discharge authority of the effectiveness of these measures;

         Accounting system

                  8.

                  Acknowledges from the Final Annual Accounts that the Centre implemented a new income structure created in ABAC in order to simplify and better manage the recovery orders;

                  9.

                  Notes also that the Centre revised its activity based management system and defined a cost-based accounting system; acknowledges in particular that the relevant ABAC and SAP CO applications have been configured accordingly and the production phase should have started in the first quarter of 2011; calls on the Centre to inform the discharge authority of the progress made on this matter;

         Public procurement

                  10.

                  Notes from the Centre’s Final Annual Accounts that a residual number of payments linked to the implementation of small contracts for external technical studies/surveys was not be executed due to the late conclusion of the relevant procurement/contracting operations, in line with the state of advancement of the projects concerned of the Centre’s Work Programme;

         Performance

                  11.

                  Calls on the Centre to duly take into account the level of reporting when planning its activities; urges, in particular, the Centre to make sure that the Annual Activity Report effectively mirrors the Annual Work Programme and that the planning of resources for activities (ABB) is aligned with the organisational structure of the Centre to enable the monitoring of budget execution;

                  12.

                  Welcomes web dissemination as an effective and cost-efficient part of the Centre’s overall communication strategy and information activities; moreover, calls on the Centre to propose improvements in sustaining, with the support of Reitox, the Centre’s multilingual policy;

                  13.

                  Takes note that the economic difficulties in the European Union should be overcome and therefore urges renewed flexibility, innovative organisational measures and better coordination among Union institutions, agencies and national authorities;

                  14.

                  Welcomes the improved cooperation between the Centre and the European School Survey Project on Alcohol and Other Drugs (ESPAD); believes that the monitoring of alcohol, tobacco and other addictive behaviours which are unrelated to substances should be included as a priority in the next Drugs Strategy of the Union;

         Risk Assessment

                  15.

                  Notes from its Annual Report of Activities that the Centre approved a comprehensive methodology for the carrying out of risk identification and assessment as a tool for improving risk management within the Centre; calls nevertheless on the Court of Auditors to inform the discharge authority of the effectiveness of the measures taken by the Centre; calls also on the IAS to duly verify that the central risk register has effectively been set up, in line with IAS’s recommendations and requirements as laid down in the Centre’s Internal Control Standards;

         Internal audit

                  16.

                  Acknowledges that in 2010 the IAS performed an audit on the management of outputs for external communication in order to assess and provide assurance on the internal controls applicable to the outputs for external communication; notes in particular that various strategic documents covering the area of communication have been issued over the years but have not been linked to the 2010 Annual Work Programme and Multi-Annual Work Programme 2010-2012, and that no periodic update of target groups was planned over the lifecycle of the planning documents even though required in the Centre’s Communication Strategy;

                  17.

                  Urges the Centre in this respect to link its future Communication strategy to its (multi)-annual planning documents and regularly review the needs of target groups;

                  18.

                  Acknowledges that the Centre still needs to implement five ‘very important’ recommendations from IAS audits on ‘grant management’ (performed in 2009) and on ‘Preparedness for the Move’ (2008); is concerned that for three ‘very important’ recommendations, the implementation is delayed beyond the date defined by the Centre in its original action plan; notes also that one more recommendation has been reported as implemented by the Centre as at the end of 2010, and awaits a follow-up by the IAS with the purpose of confirming its effective implementation; urges the Centre, therefore, to take immediate steps to redress the situation and inform the discharge authority of the measures taken;

                  19.

                  Notes also that one recommendation on compliance with the Grant Agreement has been rejected by the Centre; urges the Centre, therefore, to explain its decision to the discharge authority;

                  20.

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

                  21.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (7) on the performance, financial management and control of the agencies.

         (1)  OJ C 366, 15.12.2011, p. 156.

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

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

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

         (5)  OJ L 250, 27.9.2011, p. 167.

         (6)  OJ L 64, 12.3.2010, pp. 1056-1057.

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

      ANNEX

         EUROPEAN PARLIAMENT RECOMMENDATIONS OVER PAST YEARS

                  European Monitoring Centre for Drugs and Drug Addiction

                  2006

                  2007

                  2008

                  2009

                  Performance

                  The budgetary principles of annuality and specification were not strictly observed: high number of transfers of appropriations between budget lines and in many cases the supporting documentation was insufficiently detailed

                  n.a.

                  Calls on the Centre to set SMART objectives and RACER indicators, as well as to make a Gannt diagram → promoting a result-oriented approach

                  Calls on the Centre to make a Gannt diagram part of the programming for each of its operational activities

                  Budgetary and financial management

                  The rules for procurement were not strictly implemented

                  The Centre is in disagreement with Norway concerning the calculation of Norway’s financial contribution for its participation in the Centre’s work. The Centre should seek to resolve this disagreement as soon as possible as it has an impact on the budget and on the Centre’s financial statements (the Centre estimation is EUR 80 000 higher than that of Norwegian authorities)

                  n.a.

                              —

                              Calls on the Centre to put in place appropriate instructions and procedures for analysis of potential carry-overs, improve the programming and monitoring of activities with a view to reducing carry-overs

                              —

                              Court of Auditors reported EUR 339 000 carry-forwards in 2009 appropriation for Title II Administrative expenditure (26 %)

                  Human resources

                  n.a.

                  n.a.

                  n.a.

                  Calls on the Centre to ensure consistent implementation of the approved staff appraisal procedure

                  Internal audit

                  n.a.

                  n.a.

                  Calls on the Centre to fulfil 26 out of 41 recommendations made by the Internal Audit Service in 2006: i.e. quality control of the new location, precautions against damage from flooding, a business continuity plan and investment in equipment; the implementation of the internal control standards (staff promotions, staff appraisal, risk management)

                              —

                              Calls on the Centre to inform the discharge authority of the progress made on risk management and annual risk analysis

                              —

                              Urges the Centre to implement without delay nine very important recommendations and inform the discharge authority of the progress made


title: 2011/612/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the Clean Sky Joint Undertaking for the financial year 2009#Resolution of the European Parliament of 10 May 2011 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Clean Sky Joint Undertaking for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/246

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the Clean Sky Joint Undertaking for the financial year 2009
   (2011/612/EU)
   THE EUROPEAN PARLIAMENT,

               —

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

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 71/2008 of 20 December 2007 setting up the Clean Sky Joint Undertaking (3), and in particular Article 11(4) thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0128/2011),

               1.

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

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 342, 16.12.2010, p. 7.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 30, 4.2.2008, p. 1.

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

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Council Regulation (EC) No 71/2008 of 20 December 2007 setting up the Clean Sky Joint Undertaking (3), and in particular Article 11(4) thereof,

                  —

                  having regard to the Financial Rules of the Clean Sky Joint Undertaking adopted by Decision of its Governing Board on 7 November 2008,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0128/2011),

                  A.

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

                  B.

                  whereas the Clean Sky Joint Undertaking was set up in December 2007 to accelerate the development, validation and demonstration of clean air transport technologies in the EU for earliest possible deployment,

                  C.

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

         Implementation of the budget

                  1.

                  Notes that the Joint Undertaking final 2009 budget included commitment appropriations of EUR 91 000 000 and payment appropriations of EUR 60 000 000; further acknowledges that the utilisation rates for commitment and payment appropriations were 98 % and less than 1 %, respectively;

                  2.

                  Recognises that the Joint Undertaking is still in a start-up period; is concerned, nevertheless, that the research activities pre-financed by the Commission in 2008 on behalf of the Joint Undertaking were not fully implemented during 2009 and that, as a result of delays in the projects, only EUR 8 700 000 or 65 % of the EUR 13 600 000 pre-financing was used;

                  3.

                  Is particularly concerned that the adoption, structure and presentation of the approved budget of the Joint Undertaking for 2009 were not in line with Regulation (EC) No 71/2008 setting up the Joint Undertaking, or with the Financial Rules of the Joint Undertaking; urges, therefore, the Joint Undertaking to rapidly remedy this grave deficiency;

         Members’ contributions

                  4.

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

                  5.

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

                              —

                              arrangements for the accession of new members,

                              —

                              in-kind contributions by members,

                              —

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

                              —

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

         Internal control systems

                  6.

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

                  7.

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

                  8.

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

                  9.

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

         Lack of host agreement

                  10.

                  Urges the Joint Undertaking to rapidly conclude a host agreement with Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the Joint Undertaking as provided by Regulation (EC) No 71/2008.

         (1)  OJ C 342, 16.12.2010, p. 7.

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

         (3)  OJ L 30, 4.2.2008, p. 1.

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


title: 2011/433/EU: Council Decision of 12 July 2011 on the signing and conclusion of the Monetary Agreement between the European Union and the French Republic on keeping the euro in Saint-Barthélemy following the amendment of its status with regard to the European Union#Monetary Agreement between the European Union and the French Republic on keeping the euro in Saint-Barthélemy following the amendment of its status with regard to the European Union

text:
               20.7.2011

               EN

               Official Journal of the European Union

               L 189/1

         COUNCIL DECISION
   of 12 July 2011
   on the signing and conclusion of the Monetary Agreement between the European Union and the French Republic on keeping the euro in Saint-Barthélemy following the amendment of its status with regard to the European Union
   (2011/433/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 219(3) thereof,
   Having regard to the Council Decision of 13 April 2011 on the arrangements for the negotiation of a Monetary Agreement with the French Republic, acting for the benefit of the French overseas collectivity of Saint-Barthélemy, and in particular Article 4 thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Central Bank,
   Whereas:

               (1)

               By European Council Decision 2010/718/EU of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy (1), the island of Saint-Barthélemy is to cease to be an outermost region of the Union with effect from 1 January 2012 and is to have the status of an overseas country or territory, as referred to in Part Four of the Treaty, as from that date. The French Republic has undertaken to conclude the agreements necessary to ensure that the interests of the Union are preserved when this amendment takes place.

               (2)

               The French Republic has informed the institutions of the Union of its intention to retain the euro as the sole currency in Saint-Barthélemy. A monetary agreement should therefore be concluded.

               (3)

               On 13 April 2011 the Council authorised the Commission to negotiate with the French Republic, acting for the benefit of the French overseas collectivity of Saint-Barthélemy, and to fully associate the European Central Bank with the negotiations and to seek its agreement on issues falling within its fields of competence, with a view to concluding a monetary agreement. On 30 May 2011, the Monetary Agreement between the European Union and the French Republic on keeping the euro in Saint-Barthélemy following the amendment of its status with regard to the European Union (‘the Agreement’) was initialled.

               (4)

               The Agreement should be signed and concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The Monetary Agreement between the European Union and the French Republic on keeping the euro in Saint-Barthélemy following the amendment of its status with regard to the European Union (‘the Agreement’) is hereby approved on behalf of the Union.
   2.   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement to bind the Union.
   Article 3
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 11 of the Agreement.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 12 July 2011.

            For the Council

            The President

         J. VINCENT-ROSTOWSKI

      (1)  OJ L 325, 9.12.2010, p. 4.

      MONETARY AGREEMENT
      between the European Union and the French Republic on keeping the euro in Saint-Barthélemy following the amendment of its status with regard to the European Union
      THE EUROPEAN UNION, represented by the European Commission,
      and
      THE FRENCH REPUBLIC, acting for the benefit of the island of Saint-Barthélemy,
      Whereas:

                  (1)

                  Saint-Barthélemy is an integral part of the French Republic but will no longer be part of the European Union as from 1 January 2012, in accordance with European Council Decision 2010/718/EU of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy (1);

                  (2)

                  The French Republic would like Saint-Barthélemy to retain the same currency as that of metropolitan France and to this end will continue to grant exclusive legal tender status in the territory of Saint-Barthélemy to euro banknotes and coins issued by the Eurosystem and the Member States that have adopted the euro;

                  (3)

                  It is necessary to ensure the continuing application in Saint-Barthélemy of existing and future provisions of European Union law necessary for the functioning of the Economic and Monetary Union, in order, in particular, to ensure the unity of the Eurosystem’s monetary policy, equalise conditions of competition between financial institutions located in the euro area and prevent fraud and counterfeiting of cash and non-cash means of payment and money laundering;

                  (4)

                  This Agreement is concluded with a Member State acting for the benefit of a non-sovereign entity and, therefore, does not provide for the right to mint coinage. Currency issues and banking and financial law fall within the field of competence of the French State. In matters related to the proper functioning of the Economic and Monetary Union, the legislative and statutory provisions of French law apply automatically to Saint-Barthélemy by virtue of its status,

            HAVE AGREED ON THE FOLLOWING PROVISIONS:
      Article 1
      The euro shall remain the currency of Saint-Barthélemy.
      Article 2
      The French Republic shall continue to grant legal tender status to euro-denominated banknotes and coins in Saint-Barthélemy.
      Article 3
      1.   The French Republic shall continue to apply in Saint-Barthélemy the European Union legal acts and rules necessary for the functioning of the Economic and Monetary Union in the following fields:

                  (a)

                  euro banknotes and coins;

                  (b)

                  preventing fraud and counterfeiting of cash and non-cash means of payment;

                  (c)

                  medals and tokens;

                  (d)

                  measures necessary for the use of the euro as a single currency adopted on the basis of Article 133 of the Treaty on the Functioning of the European Union;

                  (e)

                  banking and financial legislation, including the legal acts adopted by the European Central Bank;

                  (f)

                  preventing money laundering;

                  (g)

                  statistical reporting requirements established by the Eurosystem.

            2.   The French Republic shall undertake to cooperate fully with Europol in the territory of Saint-Barthélemy as regards the prevention of fraud and counterfeiting of means of payment and preventing and combating money laundering.
      Article 4
      The measures taken by the competent French authorities to transpose the acts adopted by the European Union — including those of the European Central Bank — in the fields mentioned in Article 3(1) shall apply automatically and under the same conditions in Saint-Barthélemy.
      Article 5
      Those European Union acts adopted in the fields mentioned in Article 3(1) — including those of the European Central Bank — that are directly applicable in the Member States shall apply automatically and under the same conditions in Saint-Barthélemy.
      Article 6
      Credit institutions and, as applicable, other financial institutions authorised to carry out operations in Saint-Barthélemy shall have access to interbank settlement and payment systems and to securities settlement systems in the euro area under the same conditions as those applied to institutions located in metropolitan France.
      Article 7
      Every two years the French Republic shall present a report to the Commission and the European Central Bank on the application in Saint-Barthélemy of the European Union legal acts and rules covered by this Agreement. The report includes, in particular, a list of the directly applicable European Union acts, including those of the European Central Bank, that apply automatically to Saint-Barthélemy by virtue of Article 5. The first report will be communicated by the end of 2012.
      Article 8
      1.   A joint committee shall be convened when needed. It shall be chaired by the Commission and composed of representatives of the European Union and of the French Republic.
      2.   The European Union delegation shall be headed by the Commission and include representatives of the European Central Bank.
      3.   The joint committee shall meet at the request of one of the members of the delegation of the European Union or of the French Republic in order to examine any problems that might arise from the application of this Agreement.
      Article 9
      The Court of Justice of the European Union shall have exclusive competence for settling any dispute between the parties that may arise from the application of this Agreement and that has not been settled within the joint committee.
      Article 10
      The European Union or the French Republic may terminate this Agreement subject to one year’s notice.
      Article 11
      This Agreement shall enter into force on 1 January 2012 after the parties have notified each other of the completion of their own ratification procedures.
      Article 12
      This Agreement is drawn up in duplicate in English and French, both texts being equally authentic.

         Done at Brussels on the twelfth day of July in the year two thousand and eleven.

               For the European Union,

               For the French Republic,

         (1)  OJ L 325, 9.12.2010, p. 4.