# L_2012286EN.01025301.xml

| 17.10.2012 | EN | Official Journal of the European Union | L 286/253 |
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17.10.2012

EN

Official Journal of the European Union

L 286/253

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DECISION OF THE EUROPEAN PARLIAMENT

of 10 May 2012

on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2010

(2012/590/EU)

THE EUROPEAN PARLIAMENT,

| — | having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2010, |
| --- | --- |

—

having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2010,

| — | having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2010, together with the Agency’s replies (1), |
| --- | --- |

—

having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2010, together with the Agency’s replies (1),

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

—

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 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, 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 Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (3), and in particular Article 8 thereof, |
| --- | --- |

—

having regard to Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (3), and in particular Article 8 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 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 Rule 77 of, and Annex VI to, its Rules of Procedure,

| — | having regard to the report of the Committee on Budgetary Control (A7-0131/2012), |
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—

having regard to the report of the Committee on Budgetary Control (A7-0131/2012),

1.

Grants the Director-General of the Euratom Supply Agency discharge in respect of the implementation of the Agency’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-General of the Euratom Supply Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

The President

Martin SCHULZ

The Secretary-General

Klaus WELLE

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(1)  
  OJ C 366, 15.12.2011, p. 6.

1

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

2

(3)  
  OJ L 41, 15.2.2008, p. 15.

3

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

4

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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 Euratom Supply Agency for the financial year 2010

THE EUROPEAN PARLIAMENT,

| — | having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2010, |
| --- | --- |

—

having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2010,

| — | having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2010, together with the Agency’s replies (1), |
| --- | --- |

—

having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2010, together with the Agency’s replies (1),

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

—

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 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, 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 Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (3), and in particular Article 8 thereof, |
| --- | --- |

—

having regard to Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (3), and in particular Article 8 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 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 Rule 77 of, and Annex VI to, its Rules of Procedure,

| — | having regard to the report of the Committee on Budgetary Control (A7-0131/2012), |
| --- | --- |

—

having regard to the report of the Committee on Budgetary Control (A7-0131/2012),

| A. | whereas, under Decision 2008/114/EC, Euratom, the Euratom Supply Agency (‘the Agency’), established in Luxembourg in 1958, has new Statutes and has become an Agency, |
| --- | --- |

A.

whereas, under Decision 2008/114/EC, Euratom, the Euratom Supply Agency (‘the Agency’), established in Luxembourg in 1958, has new Statutes and has become an Agency,

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

B.

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

| C. | whereas the Court of Auditors also emphasised in its report for the financial year 2010 that the Agency’s Statutes’ lack compliance with Article 54 of the Treaty establishing the European Atomic Energy Community, |
| --- | --- |

C.

whereas the Court of Auditors also emphasised in its report for the financial year 2010 that the Agency’s Statutes’ lack compliance with Article 54 of the Treaty establishing the European Atomic Energy Community,

1.

Notes that in 2010 the Agency did not receive any subsidy to cover its operations and that the Commission bore all expenses incurred by the Agency for the implementation of its budget; notes that this situation has persisted since the creation of the Agency in 2008;

2.

Notes that in the absence of an autonomous budget, the Agency is de facto integrated into the Commission and that this situation is at odds with its Statutes;

3.

Notes, however, that by letter of 31 March 2011 the Director-General acknowledged the abovementioned problem and detailed the actions taken as requested by the discharge authority; notes in particular that, in order to resolve this situation, an agreement has been reached to propose the reestablishment of a specific budget line for the Agency in the general budget of the European Union for 2012;

4.

Notes also that on 20 April 2011 the Commission proposed line 32 01 06 for the Agency be credited with EUR 98 000 of the general budget of the European Union; considers that once adopted by the Union budgetary authorities, this would represent a major achievement in addressing the current concerns;

5.

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

6.

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 (5) on the performance, financial management and control of the agencies.

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(1)  
  OJ C 366, 15.12.2011, p. 6.

1

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

2

(3)  
  OJ L 41, 15.2.2008, p. 15.

3

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

4

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

5

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ANNEX

EUROPEAN PARLIAMENT RECOMMENDATIONS OVER PAST YEARS

| Euratom Supply Agency | 2007 | 2008 | 2009 |
| --- | --- | --- | --- |
| Performance | n.a. | n.a. | n.a. |
| Budgetary and Financial Management | 38,7 % of the appropriations were carried over | In the absence of an autonomous budget, the Agency is de facto integrated in the Commission. this situation raises the issues of the need to maintain the Agency in its current form and organisation | In 2009 the Agency did not receive any subsidy to cover its operations and that the Commission bore all expenses incurred by the Agency for the implementation of the 2009 budget. The Agency is de facto integrated into the Commission |
| Human Resources | n.a. | n.a. | Acknowledges that, in accordance with Article 3 of its Statutes, the Agency has selected its own internal auditor, who took up his duties only on 1 July 2009 |
| Internal Audit | n.a. | n.a. | n.a. |

Euratom Supply Agency

2007

2008

2009

Performance

n.a.

n.a.

n.a.

Budgetary and Financial Management

38,7 % of the appropriations were carried over

In the absence of an autonomous budget, the Agency is de facto integrated in the Commission. this situation raises the issues of the need to maintain the Agency in its current form and organisation

In 2009 the Agency did not receive any subsidy to cover its operations and that the Commission bore all expenses incurred by the Agency for the implementation of the 2009 budget. The Agency is de facto integrated into the Commission

Human Resources

n.a.

n.a.

Acknowledges that, in accordance with Article 3 of its Statutes, the Agency has selected its own internal auditor, who took up his duties only on 1 July 2009

Internal Audit

n.a.

n.a.

n.a.

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