EN Official Journal of the European Union L 252/192

DECISION OF THE EUROPEAN PARLIAMENT

of 5 May 2010

on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2008

(2010/540/EU)

THE EUROPEAN PARLIAMENT,

having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2008,

having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2008, together with the Agency’s replies (1),

having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),

having regard to Article 276 of the EC Treaty and 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 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 Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 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 (A7-0076/2010),

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 2008;

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 Jerzy BUZEK The Secretary-General Klaus WELLE

(1) OJ C 304, 15.12.2009, p. 6.

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

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

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

EN Official Journal of the European Union L 252/193

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 budget of the Euratom Supply Agency for the financial year 2008

THE EUROPEAN PARLIAMENT,

having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2008,

having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2008, together with the Agency’s replies (1),

having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),

having regard to Article 276 of the EC Treaty and 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 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 Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 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 (A7-0076/2010),

A. whereas the Court of Auditors states that it has obtained reasonable assurances that the annual accounts for the financial year 2008 are reliable, and that the underlying transactions are legal and regular,

B. whereas, under Decision 2008/114/EC, Euratom, Euratom Supply Agency established in Luxembourg in 1958, has a new Statute and has become an Agency,

1. Notes that in 2008 the Agency did not receive any subsidy to cover its operations and the Commission bore all expenses incurred by the Agency for the implementation of the 2008 budget; notes also that the commitments carried over from the financial year 2007 were paid with the unused part of the 2007 subsidy;

2. Notes therefore that, in the absence of an autonomous budget, the Agency is de facto integrated in the Commission;

3. Points out, nevertheless, that this situation raises the issue of the need to maintain the Agency in its current form and organisation; notes, however, the Agency’s reply, claiming that the present situation reflects the balance between, on the one hand, a clear relationship with the Commission (e.g. the Commission may issue directives and it appoints the Director-General of the Agency) and, on the other hand, a degree of legal and financial autonomy;

Internal audit

4. 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;

5. Refers for other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 5 May 2010 (5) on the performance, financial management and control of the agencies.

(1) OJ C 304, 15.12.2009, p. 6.

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

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

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

(5) Texts adopted, P7_TA(2010)0139. See page 241 of this Official Journal.