No C 139/18 Official  Journal  of the European  Communities 5.6.79 
Opinion  of the Court  of Auditors  on the draft  Financial  Regulation  concerning  the EAGGF 
Guarantee  Section  for the periods  1967/68  to 1970 
(R 2455/77  (AGRI  666)  (final  620)) 
The Court  of Auditors: 
— Having  regard  to the  final  draft  COM(77)  491 
which  has  been  submitted  to it for opinion, 
— Considers  that  in this  text  it would  be necessary  to 
refer  to the opinion  of the Court  and  to replace  the 
reference  made  in Article  4 to Article  81 of the 
Financial  Regulation  (ECSC,  EEC,  Euratom)  No 
73/91  of 25 April  1973  by a reference  to Article  73 
of the  Financial  Regulation  of 21 December  1977 
applicable  to  the  general  budget  of  the 
Communities, 
— Notes  the  delays  which  have  occurred  in the 
settlement  of accounts,  which  result  in a derogation 
from  the normal  budgetary  procedure  and  recourse 
to an ad hoc  Financial  Regulation, — Notes  that  these  delays  inevitably  cause  exchange 
differences  which  must  be borne  by the Community 
according  to the procedure  laid  down  in Article  22 
(4) of the  abovementioned  Financial  Regulation  of 
21 December  1977, 
— Calls  on the Commission  to employ  all the resources 
necessary  to avoid  a return  in the  future  to 
situations  of this  kind. 
Adopted  on 13 April  1978. 
Michael  N. MURPHY 
President  of the Court  of Auditors 
Opinion  of the  Court  of Auditors  on the  draft  Regulation  on the  application  of the 
provisions  of the Financial  Protocols  concluded  with  Greece,  Turkey  and  Portugal 
The Court  of Auditors: 
— Having  regard  to the  final  Commission  proposal 
COM(78)  104  final  which  has  been  submitted  to it 
for opinion, 
— Considers  that  it would  be desirable,  in this  text,  to 
refer  to the opinion  of the Court  of Auditors, 
— Notes  that  a large  proportion  of the aid shown  in 
the budget  of  the  European  Communities  is 
administered  by the European  Investment  Bank, 
— Considers  that,  in so far as the roles  of the internal 
and external  audits  are  not  clearly  defined  in the 
application  Regulation,  the procedures  provided  for 
dividing  the  management  of  Community  aid 
between  the  European  Investment  Bank  and  the 
Commission  are  of  a nature  to  lead  to 
inter-institutional  disputes, 
— Stresses  that  it retains,  even  for aids  shown  in the 
budget  which  are  entrusted  to the  management  of the European  Investment  Bank,  the  responsibility 
for audit  as laid  down  by Article  206  (a) of the 
Treaty, 
— Requests  that  it be stipulated  that  the provisions  of 
Articles  2 and  10  do not  impair  its powers  of 
scrutiny. 
Proposed  amendments  to the text 
Article  2 (paragraph  5 to be added) 
5. The  provisions  of paragraphs  2, 3 and  4 shall  not 
prejudice  the auditing  powers  conferred  upon  the Court 
of Auditors  by Article  206  (a)  of the  Treaty,  the 
procedures  for which  are  laid  down  under  Articles  80 
and 82 of the  Financial  Regulation  of 21 December 
1977. 
5. 6. 79 Official  Journal  of the European  Communities No C 139/19 
Article  10  (paragraphs  1 and  2 to be replaced  by the 
following  text) 
1. Without  prejudice  to the provisions  of Article  80 of 
the Financial  Regulation  of 21 December  1977,  the 
Commission  shall  ascertain: 
(a) from  the  Bank,  that  the  mandate  laid  down  in 
Article  2 is being  carried  out; 
(b) how  the  grants,  which  it administers  directly,  are 
used  by the recipients. 2. (former  paragraph  3) 
The Commission  shall  inform  the Council  ... 
Adopted  on 23 May  1978. 
Marcel  MART 
Member  of the Court  of Auditors 
Opinion  of the  Court  of Auditors  on the  draft  Regulation  on the  application  of the 
provisions  of Protocol  1 to the Cooperation  Agreements  concluded  with  Algeria,  Morocco, 
Tunisia,  Egypt,  Lebanon,  Jordan  and  Syria  and  the  Financial  Protocols  concluded  with 
Malta  and  Cyprus 
The Court  of Auditors: 
— Having  regard  to  the  Commission  proposals 
COM(77)  68 final  and  COM(78)  18 final,  which 
have  been  submitted  to it for opinion, 
— Considers  that  it would  be desirable,  in this  text,  to 
refer  to the  opinion  of the  Court  by replacing  the 
reference  in Article  2 to the Financial  Regulation  of 
25 April  1973  with  a reference  to the  Financial 
Regulation  of 21 December  1977, 
— Notes  that  a large  proportion  of the  aid  shown  in 
the budget  of  the  European  Communities  is 
administered  by the European  Investment  Bank, 
— Considers  that,  in so far as the roles  of the  internal 
and external  audits  are  not  clearly  defined  in the 
application  Regulation,  the procedures  provided  for 
dividing  the  administration  of  Community  aid 
between  the  European  Investment  Bank  and  the 
Commission  are  of  a nature  to  lead  to 
inter-institutional  disputes, 
— Stresses  that  it retains,  even  for  aids  shown  in the 
budget  which  are entrusted  to the administration  of 
the European  Investment  Bank,  the  responsibility 
for audit  laid  down  in Article  206  (a) of the Treaty, 
— Requests  that  it be stipulated  that  the provisions  of 
Articles  2 and  11,  first  paragraph,  do not  impair  its 
powers  of scrutiny. Proposed  amendments  to the text 
Article  2 (paragraph  4 to be added) 
4. The  provisions  of paragraphs  2 and  3 shall  not 
prejudice  the auditing  powers  conferred  upon  the Court 
of Auditors  by  Article  206  (a)  of the  Treaty,  the 
procedures  for  which  are  laid  down  under  Articles  80 
and 82 of the  Financial  Regulation  of 21 December 
1977. 
Article  11,  first  paragraph 
Without  prejudice  to the provisions  of Article  80 of the 
Financial  Regulation  of  21  December  1977,  the 
Commission  shall  ascertain  ... 
Adopted  on 23 May  1978. 
Marcel  MART 
Member  of the Court  of Auditors