# L_2006340EN.01004901.xml

| 6.12.2006 | EN | Official Journal of the European Union | L 340/49 |
| --- | --- | --- | --- |

6.12.2006

EN

Official Journal of the European Union

L 340/49

---

DECISION OF THE EUROPEAN PARLIAMENT

of 27 April 2006

on the discharge for implementation of the European Union general budget for the financial year 2004, Section VIIIB — European Data Protection Supervisor

(2006/817/EC)

THE EUROPEAN PARLIAMENT,

| — | having regard to the general budget of the European Union for the financial year 2004 (1), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2004 (1),

1

| — | having regard to the final annual accounts of the European Communities for the financial year 2004, Volume III (N6-0027/2005 — C6-0365/2005), |
| --- | --- |

—

having regard to the final annual accounts of the European Communities for the financial year 2004, Volume III (N6-0027/2005 — C6-0365/2005),

| — | having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the replies of the institutions audited (2), |
| --- | --- |

—

having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the replies of the institutions audited (2),

2

| — | 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 248 of the EC Treaty (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 248 of the EC Treaty (3),

3

| — | having regard to the Council's recommendation of 14 March 2006 (5971/2006 — C6-0092/2006), |
| --- | --- |

—

having regard to the Council's recommendation of 14 March 2006 (5971/2006 — C6-0092/2006),

| — | having regard to Articles 272(10), 275 and 276 of the EC Treaty, |
| --- | --- |

—

having regard to Articles 272(10), 275 and 276 of the EC Treaty,

| — | 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 (4), and in particular Articles 50, 86, 145, 146 and 147 thereof, |
| --- | --- |

—

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 (4), and in particular Articles 50, 86, 145, 146 and 147 thereof,

4

| — | having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5), |
| --- | --- |

—

having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),

5

| — | having regard to Rule 71 of and Annex V to its Rules of Procedure, |
| --- | --- |

—

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 (A6-0117/2006), |
| --- | --- |

—

having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0117/2006),

| 1. | Grants the European Data Protection Supervisor discharge in respect of the implementation of the budget for the financial year 2004; |
| --- | --- |

1.

Grants the European Data Protection Supervisor discharge in respect of the implementation of the budget for the financial year 2004;

| 2. | Sets out its comments in the resolution below; |
| --- | --- |

2.

Sets out its comments in the resolution below;

| 3. | Instructs its President to forward this decision and the resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman and the European Data Protection Supervisor and to have them published in the Official Journal of the European Union (L series). |
| --- | --- |

3.

Instructs its President to forward this decision and the resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman and the European Data Protection Supervisor and to have them published in the Official Journal of the European Union (L series).

Official Journal of the European Union

The President

Josep BORRELL FONTELLES

The Secretary-General

Julian PRIESTLEY

---

(1)  
  OJ L 53, 23.2.2004.

1

(2)  
  OJ C 301, 30.11.2005, p. 1.

2

(3)  
  OJ C 301, 30.11.2005, p. 9.

3

(4)  
  OJ L 248, 16.9.2002, p. 1.

4

(5)  
  OJ L 356, 31.12.1977, p. 1.

5

---

RESOLUTION OF THE EUROPEAN PARLIAMENT

with comments forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2004, Section VIIIB — European Data Protection Supervisor

THE EUROPEAN PARLIAMENT,

| — | having regard to the general budget of the European Union for the financial year 2004 (1), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2004 (1),

1

| — | having regard to the final annual accounts of the European Communities for the financial year 2004, Volume III (N6-0027/2005 — C6-0365/2005), |
| --- | --- |

—

having regard to the final annual accounts of the European Communities for the financial year 2004, Volume III (N6-0027/2005 — C6-0365/2005),

| — | having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the replies of the institutions audited (2), |
| --- | --- |

—

having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the replies of the institutions audited (2),

2

| — | 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 248 of the EC Treaty (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 248 of the EC Treaty (3),

3

| — | having regard to the Council's recommendation of 14 March 2006 (5971/2006 — C6-0092/2006), |
| --- | --- |

—

having regard to the Council's recommendation of 14 March 2006 (5971/2006 — C6-0092/2006),

| — | having regard to Articles 272(10), 275 and 276 of the EC Treaty, |
| --- | --- |

—

having regard to Articles 272(10), 275 and 276 of the EC Treaty,

| — | 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 (4), and in particular Articles 50, 86, 145, 146 and 147 thereof, |
| --- | --- |

—

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 (4), and in particular Articles 50, 86, 145, 146 and 147 thereof,

4

| — | having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5), |
| --- | --- |

—

having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),

5

| — | having regard to Rule 71 of and Annex V to its Rules of Procedure, |
| --- | --- |

—

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 (A6-0117/2006), |
| --- | --- |

—

having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0117/2006),

| 1. | Notes that in 2004 the European Data Protection Supervisor (EDPS) administered a budget of EUR 1 942 279 with an utilisation rate of 54,67 %; |
| --- | --- |

1.

Notes that in 2004 the European Data Protection Supervisor (EDPS) administered a budget of EUR 1 942 279 with an utilisation rate of 54,67 %;

| 2. | Notes that the audit of the EDPS by the Court of Auditors did not give rise to any observations (paragraph 9.24 of the Court of Auditors' annual report); |
| --- | --- |

2.

Notes that the audit of the EDPS by the Court of Auditors did not give rise to any observations (paragraph 9.24 of the Court of Auditors' annual report);

| 3. | Notes that on 24 June 2004 the Secretaries-General of the Commission, Parliament and the Council signed, together with the EDPS, an administrative cooperation agreement to assist the EDPS for a start-up period of three years under which:






  — | the Commission's accounting officer and internal auditor are appointed as the EDPS's accounting officer and auditor; |
| --- | --- | --- |

3.

Notes that on 24 June 2004 the Secretaries-General of the Commission, Parliament and the Council signed, together with the EDPS, an administrative cooperation agreement to assist the EDPS for a start-up period of three years under which:

—

the Commission's accounting officer and internal auditor are appointed as the EDPS's accounting officer and auditor;

| — | Commission departments shall provide assistance for all tasks concerning the management of persons linked to the institution, such as recruitment of staff, determination of entitlements, payment of salaries, reimbursement of medical costs, mission payments and so on; |
| --- | --- |

—

Commission departments shall provide assistance for all tasks concerning the management of persons linked to the institution, such as recruitment of staff, determination of entitlements, payment of salaries, reimbursement of medical costs, mission payments and so on;

| — | Commission departments shall also provide assistance to the EDPS in establishing and implementing the budget; |
| --- | --- |

—

Commission departments shall also provide assistance to the EDPS in establishing and implementing the budget;

| — | the EDPS shall be installed in the Parliament's premises; Parliament's departments shall assist the EDPS as regards material facilities and know-how relating to that installation (security of the buildings, mail, computers, telephones, offices and supplies); |
| --- | --- |

—

the EDPS shall be installed in the Parliament's premises; Parliament's departments shall assist the EDPS as regards material facilities and know-how relating to that installation (security of the buildings, mail, computers, telephones, offices and supplies);

| 4. | Believes that a renewal of the cooperation agreement would be desirable considering the small size of the EDPS' administration; |
| --- | --- |

4.

Believes that a renewal of the cooperation agreement would be desirable considering the small size of the EDPS' administration;

| 5. | Calls on the EDPS to continue the setting-up of the institution with full respect for the basic principles of legality, regularity and sound financial management. |
| --- | --- |

5.

Calls on the EDPS to continue the setting-up of the institution with full respect for the basic principles of legality, regularity and sound financial management.

---

(1)  
  OJ L 53, 23.2.2004.

1

(2)  
  OJ C 301, 30.11.2005, p. 1.

2

(3)  
  OJ C 301, 30.11.2005, p. 9.

3

(4)  
  OJ L 248, 16.9.2002, p. 1.

4

(5)  
  OJ L 356, 31.12.1977, p. 1.

5

---