EN Official Journal of the European Union L 88/87

DECISION OF THE EUROPEAN PARLIAMENT

of 22 April 2008

on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section VIII — European Ombudsman

(2009/195/EC)

THE EUROPEAN PARLIAMENT,

having regard to the European Union general budget for the financial year 2006 (1),

having regard to the final annual accounts of the European Communities for the financial year 2006 — Volume I (C6-0369/2007) (2),

having regard to the European Ombudsman's annual report to the discharge authority on internal audits carried out in 2006,

having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2006 and the Court of Auditors' special reports, together with the audited 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 Articles 272(10), 274, 275 and 276 of the EC Treaty,

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 71 of and Annex V to its Rules of Procedure,

having regard to the report of the Committee on Budgetary Control (A6-0092/2008),

1. Grants the European Ombudsman discharge in respect of the implementation of its budget for the financial year 2006;

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, 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 Hans-Gert PÖTTERING The Secretary-General Harald RØMER

(1) OJ L 78, 15.3.2006.

(2) OJ C 274, 15.11.2007, p. 1.

(3) OJ C 273, 15.11.2007, p. 1.

(4) OJ C 274, 15.11.2007, p. 130.

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

EN Official Journal of the European Union L 88/88

RESOLUTION OF THE EUROPEAN PARLIAMENT

of 22 April 2008

with observations forming an integral part of the decision on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section VIII — European Ombudsman

THE EUROPEAN PARLIAMENT,

having regard to the European Union general budget for the financial year 2006 (1),

having regard to the final annual accounts of the European Communities for the financial year 2006 — Volume I (C6-0369/2007) (2),

having regard to the European Ombudsman's annual report to the discharge authority on internal audits carried out in 2006,

having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2006 and the Court of Auditors' special reports, together with the audited 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 Articles 272(10), 274, 275 and 276 of the EC Treaty,

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 71 of and Annex V to its Rules of Procedure,

having regard to the report of the Committee on Budgetary Control (A6-0092/2008),

1. Notes that in 2006 the European Ombudsman (the Ombudsman) had available commitment appropriations amounting to a total of EUR 7 682 538 (2005: EUR 7 224 554), with a utilisation rate of 88,13 %, below the average of the other institutions;

2. Notes that the Ombudsman's 2006 financial statements disclose a negative economic outcome for the year (EUR 1 214 375) and identical totals of assets and liabilities (EUR 2 308 799);

3. Notes that, over the period 2003 to 2006, commitment appropriations have steadily increased from EUR 4 438 653 to EUR 7 682 538 (+ 73 %) and posts from 31 to 57 units (+ 84 %), while complaints have increased from 2 436 to 3 830 (+ 57 %) and new inquiries opened from 253 to 258 (+ 2 %);

4. Points out that the ECA indicated in its Annual Report that the audit did not give rise to any observations as regards the Ombudsman;

5. Points out that the Ombudsman's Office took up full responsibility for its staff management as from January 2006; notes in this context that according to the Internal Auditor's report to the Institution No 06/04, the audit performed to assess the adequacy of management and control procedures for establishing the staff's individual entitlements ‘did not reveal areas of significant risk in the management and control procedures, but it did confirm that the Institution should address a number of specific issues’;

6. Notes the information given by the Principal Authorising Officer by Delegation in the 2006 activity report to the effect that the self-assessment of the efficiency of the internal control framework of the Ombudsman's services was carried out again in early 2007 and that the global picture resulting from this exercise was that of an overall satisfactory level of implementation of the internal control standards (85 % against 76 % in 2004); further notes, however, that improvements in effectiveness were considered to be needed in some areas (identification of sensitive functions); encourages the Ombudsman to make all efforts to further improve the efficiency of the internal control framework of his institution;

7. Notes with satisfaction that a new framework cooperation agreement of indefinite duration between the Ombudsman and the Parliament concerning the provision of certain administrative services, including buildings, IT, communications, legal advice, medical services, training, translation and interpretation, was negotiated during 2005, signed in March 2006 and entered into force on 1 April 2006; further notes that the Ombudsman considers the new agreement as fully satisfactory;

8. Notes with satisfaction that the Ombudsman's first Secretary General was appointed on 1 August 2006;

9. Sees with concern from the Ombudsman's annual report that his institution experienced recruitment difficulties in 2006, especially in relation to qualified lawyers, due to the two successive waves of enlargement (finalising recruitments from the Member States which joined in 2004 and preparing recruitments for 2007), to staff turnover and to the difficulty in attracting and retaining candidates in Strasbourg with temporary contracts; observes that the Ombudsman expects to face fewer difficulties in recruiting staff in the coming years;

10. Welcomes the adoption by the Ombudsman on 14 December 2007 of a decision on the annual declaration of interests of the Ombudsman; notes with satisfaction that this declaration is published on the Ombudsman's website;

11. Welcomes the Ombudsman's readiness to accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council and the Commission concerning internal investigations by the European Anti-Fraud Office (OLAF) (6) in applying the system set up by Regulation (EC) No 1073/1999 (7); notes with satisfaction that the Ombudsman invited OLAF, by a letter sent on 9 January 2008, to outline its views concerning the usefulness and modalities of a potential accession by the Ombudsman to that Agreement.

(1) OJ L 78, 15.3.2006.

(2) OJ C 274, 15.11.2007, p. 1.

(3) OJ C 273, 15.11.2007, p. 1.

(4) OJ C 274, 15.11.2007, p. 130.

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

(6) OJ L 136, 31.5.1999, p. 15.

(7) Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 1).