# L_2008187EN.01007501.xml

| 15.7.2008 | EN | Official Journal of the European Union | L 187/75 |
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15.7.2008

EN

Official Journal of the European Union

L 187/75

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DECISION OF THE EUROPEAN PARLIAMENT

DECISION OF THE EUROPEAN PARLIAMENT

of 24 April 2007

on the discharge for implementation of the European Union general budget for the financial year 2005, Section VIIIB — European Data Protection Supervisor

(2008/506/EC)

THE EUROPEAN PARLIAMENT,

having regard to the European Union general budget for the financial year 2005 (1),

1

having regard to the final annual accounts of the European Communities for the financial year 2005 — Volume I (C6-0472/2006) (2),

2

having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2005 and the Court of Auditors' special reports, together with the audited institutions' replies (3),

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 (4),

4

having regard to Articles 272(10), 274, 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 (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

5

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 (A6-0111/2007),

| 1. | Grants the European Data Protection Supervisor discharge for the implementation of the budget for the financial year 2005; |
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1.

Grants the European Data Protection Supervisor discharge for the implementation of the budget for the financial year 2005;

| 2. | Sets out its observations in the Resolution below; |
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2.

Sets out its observations in the Resolution below;

| 3. | Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, 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). |
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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 arrange for their publication in the Official Journal of the European Union (L series).

Official Journal of the European Union

The President

Hans-Gert PÖTTERING

The Secretary-General

Harald RØMER

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(1)  OJ L 60, 8.3.2005.

1

(2)  OJ C 264, 31.10.2006, p. 1.

2

(3)  OJ C 263, 31.10.2006, p. 1.

3

(4)  OJ C 263, 31.10.2006, p. 10.

4

(5)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

5

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RESOLUTION OF THE EUROPEAN PARLIAMENT

of 24 April 2007

with observations forming an integral part of the Decision on the Discharge for the implementation of the European Union general budget for the financial year 2005, Section VIIIB — European Data Protection Supervisor

THE EUROPEAN PARLIAMENT,

having regard to the European Union general budget for the financial year 2005 (1),

having regard to the final annual accounts of the European Communities for the financial year 2005 — Volume I (C6-0472/2006) (2),

having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2005 and the Court of Auditors' special reports, together with the audited 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 248 of the EC Treaty (4),

having regard to Articles 272(10), 274, 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 (5), and in particular Articles 50, 86, 145, 146 and 147 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 (A6-0111/2007),

| 1. | Notes that in 2005 the European Data Protection Supervisor (EDPS) had available commitment appropriations amounting to a total of EUR 2 840 733 with a utilisation rate of 82,77 %; |
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1.

Notes that in 2005 the European Data Protection Supervisor (EDPS) had available commitment appropriations amounting to a total of EUR 2 840 733 with a utilisation rate of 82,77 %;

| 2. | Notes that the audit of the EDPS by the European Court of Auditors did not give rise to any material observations; notes that following the introduction of accrual accounting with effect from 1 January 2005 the EDPS's 2005 financial statements disclose a positive economic out-turn of EUR 211 631 and an excess of liabilities over assets of EUR 202 504; |
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2.

Notes that the audit of the EDPS by the European Court of Auditors did not give rise to any material observations; notes that following the introduction of accrual accounting with effect from 1 January 2005 the EDPS's 2005 financial statements disclose a positive economic out-turn of EUR 211 631 and an excess of liabilities over assets of EUR 202 504;

| 3. | Notes that 2005 was the first year in which the EDPS was fully operational; recalls that the 2005 budget represented an increase of 48,8 % over the 2004 budget; |
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3.

Notes that 2005 was the first year in which the EDPS was fully operational; recalls that the 2005 budget represented an increase of 48,8 % over the 2004 budget;

| 4. | Notes that the EDPS submitted a budget for 2007 of EUR 5 080 699 representing an increase of 23 % over the 2006 final budget (EUR 4 147 378), reflecting a request for five new posts, an expansion in office space and an increase in translation costs; |
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4.

Notes that the EDPS submitted a budget for 2007 of EUR 5 080 699 representing an increase of 23 % over the 2006 final budget (EUR 4 147 378), reflecting a request for five new posts, an expansion in office space and an increase in translation costs;

| 5. | Recalls that on 24 June 2004 the Secretaries-General of the Commission, the European 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 have been appointed as the EDPS's Accounting Officer and Auditor, |
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5.

Recalls that on 24 June 2004 the Secretaries-General of the Commission, the European 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 have been appointed as the EDPS's Accounting Officer and Auditor,

| — | Commission departments provide assistance for all tasks concerning the management of persons linked to the institution (determination of entitlements, payment of salaries, reimbursement of medical costs, mission payments, etc.), |
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Commission departments provide assistance for all tasks concerning the management of persons linked to the institution (determination of entitlements, payment of salaries, reimbursement of medical costs, mission payments, etc.),

| — | Commission departments also help the EDPS in establishing and implementing the budget, |
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Commission departments also help the EDPS in establishing and implementing the budget,

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

| — | the Council provides translation facilities; |
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—

the Council provides translation facilities;

| 6. | Notes that on 7 December 2006 the administrative cooperation agreement was renewed for a further period of three years with effect from 16 January 2007; |
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6.

Notes that on 7 December 2006 the administrative cooperation agreement was renewed for a further period of three years with effect from 16 January 2007;

| 7. | Notes that by decision of 7 November 2006 the EDPS decided to set up an internal control structure appropriate to the Institution's activities and requirements; |
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7.

Notes that by decision of 7 November 2006 the EDPS decided to set up an internal control structure appropriate to the Institution's activities and requirements;

| 8. | Welcomes the decision by the EDPS and the assistant supervisor to publish, every year, a declaration of their economic and financial interests as soon as their new website is completed in early 2007; notes that in the meantime they have forwarded written statements concerning their financial interests for the years 2005 and 2006 in a form similar to that filled in annually by Members of the European Parliament, disclosing no declarable professional activities, remunerated posts or activities or other relevant information; |
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8.

Welcomes the decision by the EDPS and the assistant supervisor to publish, every year, a declaration of their economic and financial interests as soon as their new website is completed in early 2007; notes that in the meantime they have forwarded written statements concerning their financial interests for the years 2005 and 2006 in a form similar to that filled in annually by Members of the European Parliament, disclosing no declarable professional activities, remunerated posts or activities or other relevant information;

| 9. | Welcomes the readiness of the EDPS to join the interinstitutional agreement on OLAF and encourages him to take all necessary steps as soon as possible. |
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9.

Welcomes the readiness of the EDPS to join the interinstitutional agreement on OLAF and encourages him to take all necessary steps as soon as possible.

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(1)  OJ L 60, 8.3.2005.

(2)  OJ C 264, 31.10.2006, p. 1.

(3)  OJ C 263, 31.10.2006, p. 1.

(4)  OJ C 263, 31.10.2006, p. 10.

(5)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

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