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| 4.11.2004 | EN | Official Journal of the European Union | L 330/156 |

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DECISION OF THE EUROPEAN PARLIAMENT

of 21 April 2004

concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section VIII — Ombudsman

(2004/728/EC)

THE EUROPEAN PARLIAMENT,

having regard to the revenue and expenditure account and balance sheet for the 2002 financial year (I5-0034/2003 — C5-0088/2004),

having regard to the annual report of the European Court of Auditors for the 2002 financial year, together with the replies of the institutions (C5-0583/2003) [(1)](#ntr1-L_2004330EN.01015601-E0001),

having regard to the statement of assurance by the European Court of Auditors, pursuant to Article 248 of the EC Treaty, as to the reliability of the accounts and the legality and regularity of the underlying transactions (C5-0583/2003),

having regard to the Council's recommendation of 9 March 2004 (C5-0145/2004),

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

having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977 [(2)](#ntr2-L_2004330EN.01015601-E0002) and Article 50 of the Financial Regulation of 25 June 2002 [(3)](#ntr3-L_2004330EN.01015601-E0003),

having regard to Rule 93a of and Annex V to its Rules of Procedure,

having regard to the report of the Committee on Budgetary Control (A5-0228/2004),

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| 1. | Grants the Ombudsman discharge in respect of the implementation of the budget for the 2002 financial year; |

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| 2. | Records its comments in the accompanying resolution; |

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| 3. | Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the Ombudsman and to have them published in the Official Journal of the European Union (L series). |

The Secretary-General

Julian PRIESTLEY

The President

Pat COX

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[(1)](#ntc1-L_2004330EN.01015601-E0001)  
[OJ C 286, 28.11.2003, p. 1](http://publications.europa.eu/resource/oj/JOC_2003_286_R_TOC).

[(2)](#ntc2-L_2004330EN.01015601-E0002)  
[OJ L 356, 31.12.1977, p. 1](http://publications.europa.eu/resource/oj/JOL_1977_356_R_TOC).

[(3)](#ntc3-L_2004330EN.01015601-E0003)  
[OJ L 248, 16.9.2002, p. 1](http://publications.europa.eu/resource/oj/JOL_2002_248_R_TOC).

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RESOLUTION

of the European Parliament containing the comments accompanying the decision concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section VIII — Ombudsman

THE EUROPEAN PARLIAMENT,

having regard to the revenue and expenditure account and balance sheet for the 2002 financial year (I5-0034/2003 — C5-0088/2004),

having regard to the Annual Report of the European Court of Auditors for the 2002 financial year, together with the replies of the institutions (C5-0583/2003) [(1)](#ntr1-L_2004330EN.01015701-E0001),

having regard to the statement of assurance by the European Court of Auditors, pursuant to Article 248 of the EC Treaty, as to the reliability of the accounts and the legality and regularity of the underlying transactions (C5-0583/2003),

having regard to the Council's recommendation of 9 March 2004 (C5-0145/2004),

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

having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977 [(2)](#ntr2-L_2004330EN.01015701-E0002) and Article 50 of the Financial Regulation of 25 June 2002 [(3)](#ntr3-L_2004330EN.01015701-E0003),

having regard to Rule 93 a of and Annex V to its Rules of Procedure,

having regard to the report of the Committee on Budgetary Control (A5-0228/2004),

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| 1. | Notes the replies given by the Ombudsman on 15 December 2003 to the questionnaire sent by the Committee on Budgetary Control on 26 November 2003; |

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| 2. | Considers it reasonable that the Ombudsman has concluded an agreement with Parliament on cooperation on administrative, budgetary and financial matters; |

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| 3. | Acknowledges that the Ombudsman is looking for a low-cost way of regularly travelling to Frankfurt am Main and Zurich airports; asks the Ombudsman to notify Parliament as to what solution he prefers; asks Parliament, at the same time, to consider to what extent it can be of assistance to him; |

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| 4. | Welcomes the Financial Controller's confirmation that the Ombudsman's financial management for 2001 and 2002 was satisfactory; |

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| 5. | Also welcomes the fact that the Internal Auditor will carry out a critical review of the new financial management structures and procedures for the financial year 2003; |

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| 6. | Welcomes the fact that the Ombudsman has undertaken to forward to the discharge authority the annual activity report drawn up by the principal authorising officer. |

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[(1)](#ntc1-L_2004330EN.01015701-E0001)  
[OJ C 286, 28.11.2003, p. 1](http://publications.europa.eu/resource/oj/JOC_2003_286_R_TOC).

[(2)](#ntc2-L_2004330EN.01015701-E0002)  
[OJ L 356, 31.12.1977, p. 1](http://publications.europa.eu/resource/oj/JOL_1977_356_R_TOC).

[(3)](#ntc3-L_2004330EN.01015701-E0003)  
[OJ L 248, 16.9.2002, p. 1](http://publications.europa.eu/resource/oj/JOL_2002_248_R_TOC).

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