EN Official Journal of the European Union L 250/104

DECISION OF THE EUROPEAN PARLIAMENT

of 10 May 2011

on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section VIII — European Ombudsman

(2011/562/EU)

THE EUROPEAN PARLIAMENT,

having regard to the European Union general budget for the financial year 2009 (1),

having regard to the final annual accounts of the European Union for the financial year 2009 (SEC(2010) 963 — C7-0218/2010) (2),

having regard to the European Ombudsman’s annual report to the discharge authority on internal audits carried out in 2009,

having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2009, 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 287 of the Treaty on the Functioning of the European Union (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 (A7-0116/2011),

1. Grants the European Ombudsman discharge in respect of the implementation of its budget for the financial year 2009;

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).

The President Jerzy BUZEK The Secretary-General Klaus WELLE

(1) OJ L 69, 13.3.2009.

(2) OJ C 308, 12.11.2010, p. 1.

(3) OJ C 303, 9.11.2010, p. 1.

(4) OJ C 308, 12.11.2010, p. 129.

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

EN Official Journal of the European Union L 250/105

RESOLUTION OF THE EUROPEAN PARLIAMENT

of 10 May 2011

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 2009, Section VIII — European Ombudsman

THE EUROPEAN PARLIAMENT,

having regard to the European Union general budget for the financial year 2009 (1),

having regard to the final annual accounts of the European Union for the financial year 2009 (SEC(2010) 963 — C7-0218/2010) (2),

having regard to the European Ombudsman’s annual report to the discharge authority on internal audits carried out in 2009,

having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2009, 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 287 of the Treaty on the Functioning of the European Union (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 (A7-0116/2011),

1. Notes that in 2009 the European Ombudsman (the Ombudsman) had commitment appropriations available amounting to a total of EUR 9 000 000 (2008: EUR 9 000 000), with a utilisation rate of 91,98 %, below the average of the other institutions (97,69 %);

2. Notes that in the course of preparation of the annual report concerning the financial year 2009, the Court of Auditors performed an in-depth assessment of supervisory and control systems in the Court of Justice, the Ombudsman and the European Data Protection Supervisor which included the examination of an additional sample of transactions involving payments relating to human resources and to other administrative expenditure;

3. Notes that the Court of Auditors found that the Ombudsman has not adopted general provisions on the procedures for recruitment of temporary staff, although Article 12(5) of the Conditions of Employment of Other Servants of the European Union (6) requires that each institution shall have done so; moreover, notes with concern that this omission may affect a majority of the Ombudsman’s staff, as 47 out of 63 posts granted under the 2009 budget were temporary posts;

4. Welcomes the fact that the Ombudsman has instructed his office to draft provisions on the procedures for recruitment of temporary staff to be adopted in accordance with the observation of the Court of Auditors, and invites the Ombudsman to report on progress in his Annual Activity Report;

5. Notes that the Court of Auditors indicated in its annual report that the audit did not give rise to any further significant observations as regards the Ombudsman;

6. Notes that in 2009 the Ombudsman was able to help with almost 77 % of all complaints, and that he dealt with 70 % of inquiries in less than 1 year, and welcomes the fact that the average length of inquiry was reduced to 9 months (13 months in 2008);

7. Notes that the structure of the Ombudsman’s office was altered as of 1 January 2010, and invites the Ombudsman to report on the effect of those changes in his Annual Activity Report;

8. Takes note of the audits carried out by the Internal Audit Service (IAS), in particular its annual report, and of the follow up of the IAS reviews of management and control system for missions and payroll areas, which concluded that all the actions contained in the reviews had been implemented; notes that the audit of the processing of the payment requests has identified several issues to be addressed by the management, and invites the Ombudsman to follow that up in his next Annual Activity Report;

9. Welcomes the implementation of the key performance indicators in the Annual Management Plan, as well as the fact that the objectives for 2009 were achieved;

10. 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;

11. Commends the quality of the Ombudsman’s Annual Activity Report, and welcomes the inclusion of the follow-up during the year to Parliament’s earlier discharge decisions.

(1) OJ L 69, 13.3.2009.

(2) OJ C 308, 12.11.2010, p. 1.

(3) OJ C 303, 9.11.2010, p. 1.

(4) OJ C 308, 12.11.2010, p. 129.

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

(6) OJ L 56, 4.3.1968, p. 1.