# L_2010252EN.01010101.xml

| 25.9.2010 | EN | Official Journal of the European Union | L 252/101 |
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25.9.2010

EN

Official Journal of the European Union

L 252/101

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DECISION OF THE EUROPEAN PARLIAMENT

of 5 May 2010

on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section VIII — European Ombudsman

(2010/504/EU)

THE EUROPEAN PARLIAMENT,

having regard to the European Union general budget for the financial year 2008 (1),

1

having regard to the final annual accounts of the European Communities for the financial year 2008 — Volume I (C7-0179/2009) (2),

2

having regard to the European Ombudsman’s annual report to the discharge authority on internal audits carried out in 2008,

having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2008, together with the 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 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,

5

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 (A7-0070/2010),

| 1. | Grants the European Ombudsman discharge in respect of the implementation of its budget for the financial year 2008; |
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1.

Grants the European Ombudsman discharge in respect of the implementation of its budget for the financial year 2008;

| 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 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). |
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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 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).

Official Journal of the European Union

The President

Jerzy BUZEK

The Secretary-General

Klaus WELLE

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(1)  OJ L 71, 14.3.2008.

1

(2)  OJ C 273, 13.11.2009, p. 1.

2

(3)  OJ C 269, 10.11.2009, p. 1.

3

(4)  OJ C 273, 13.11.2009, p. 122.

4

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

5

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RESOLUTION OF THE EUROPEAN PARLIAMENT

of 5 May 2010

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 2008, Section VIII — European Ombudsman

THE EUROPEAN PARLIAMENT,

having regard to the European Union general budget for the financial year 2008 (1),

having regard to the final annual accounts of the European Communities for the financial year 2008 — Volume I (C7-0179/2009) (2),

having regard to the European Ombudsman’s annual report to the discharge authority on internal audits carried out in 2008,

having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2008, 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 248 of the EC Treaty (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 (A7-0070/2010),

| 1. | Notes that in 2008 the European Ombudsman (the Ombudsman) had commitment appropriations available amounting to a total of EUR 9 million (2007: EUR 8,2 million), with a utilisation rate of 91,51 %, below the average of the other institutions (95,67 %); |
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1.

Notes that in 2008 the European Ombudsman (the Ombudsman) had commitment appropriations available amounting to a total of EUR 9 million (2007: EUR 8,2 million), with a utilisation rate of 91,51 %, below the average of the other institutions (95,67 %);

| 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 Ombudsman; |
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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 Ombudsman;

| 3. | Notes a trend of persistent growth over the period from 2003 to 2008, during which time commitment appropriations doubled from EUR 4,4 million to EUR 9 million, and the number of posts increased from 31 to 57 (with 6 more posts in 2009), while complaints have increased from 2 436 to 3 346 and new enquiries opened from 253 to 293; notes that while the number of posts did not increase for the last three financial years, an increase to 63 in 2009 was planned; also notes that currently, after the internal restructuring of 2008, 24 out of 57 posts are assigned to analysing complaints and conducting inquiries (Legal department), and 31 are assigned to registration, distribution and follow-up of the complaints, as well as any other work not directly related to the core activity (Administration and Finance department); |
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3.

Notes a trend of persistent growth over the period from 2003 to 2008, during which time commitment appropriations doubled from EUR 4,4 million to EUR 9 million, and the number of posts increased from 31 to 57 (with 6 more posts in 2009), while complaints have increased from 2 436 to 3 346 and new enquiries opened from 253 to 293; notes that while the number of posts did not increase for the last three financial years, an increase to 63 in 2009 was planned; also notes that currently, after the internal restructuring of 2008, 24 out of 57 posts are assigned to analysing complaints and conducting inquiries (Legal department), and 31 are assigned to registration, distribution and follow-up of the complaints, as well as any other work not directly related to the core activity (Administration and Finance department);

| 4. | Recalls that the framework cooperation agreement of indefinite duration between the Ombudsman and the Parliament, which entered into force on 1 April 2006, stipulates that the Parliament provide certain administrative services, including buildings, IT, communications, legal advice, medical services, training, translation and interpretation; |
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4.

Recalls that the framework cooperation agreement of indefinite duration between the Ombudsman and the Parliament, which entered into force on 1 April 2006, stipulates that the Parliament provide certain administrative services, including buildings, IT, communications, legal advice, medical services, training, translation and interpretation;

| 5. | Notes the priority areas identified by the Internal Audit service, in particular, audit of the public procurement process, including follow-up of uncompleted actions, the process for auditing grants, and completion and reporting on 2007 audits; welcomes the findings, in particular the observation that the procurement process had considerably improved, and that two open actions from the 2005 audit had been improved, as well as the observation that the process for awarding grants complies with the regulatory framework, principles of transparency and sound financial management; |
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5.

Notes the priority areas identified by the Internal Audit service, in particular, audit of the public procurement process, including follow-up of uncompleted actions, the process for auditing grants, and completion and reporting on 2007 audits; welcomes the findings, in particular the observation that the procurement process had considerably improved, and that two open actions from the 2005 audit had been improved, as well as the observation that the process for awarding grants complies with the regulatory framework, principles of transparency and sound financial management;

| 6. | Notes, however, that the internal audit also revealed areas with scope for further improvement, in particular: procurement procedure files should include more complete information, delivery-due date modifications should only be allowed in exceptional cases, better planning of timing for tendering procedures, and inconsistent clauses in contracts to be corrected before signature; expects that the Ombudsman will follow up these issues and report to the Parliament in its activity report; |
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6.

Notes, however, that the internal audit also revealed areas with scope for further improvement, in particular: procurement procedure files should include more complete information, delivery-due date modifications should only be allowed in exceptional cases, better planning of timing for tendering procedures, and inconsistent clauses in contracts to be corrected before signature; expects that the Ombudsman will follow up these issues and report to the Parliament in its activity report;

| 7. | Welcomes the Ombudsman’s decision to publish the annual declaration of interests of the Ombudsman and the fact that the declaration is published on the Ombudsman’s website; |
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7.

Welcomes the Ombudsman’s decision to publish the annual declaration of interests of the Ombudsman and the fact that the declaration is published on the Ombudsman’s website;

| 8. | Reiterates its requests that the Ombudsman should include in its activity report a chapter giving a detailed account of the follow-up during the year to Parliament’s earlier discharge decisions. |
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8.

Reiterates its requests that the Ombudsman should include in its activity report a chapter giving a detailed account of the follow-up during the year to Parliament’s earlier discharge decisions.

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(1)  OJ L 71, 14.3.2008.

(2)  OJ C 273, 13.11.2009, p. 1.

(3)  OJ C 269, 10.11.2009, p. 1.

(4)  OJ C 273, 13.11.2009, p. 122.

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

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