Official Journ alof the EuropeanUnion L 255/173
RESOLUTION OF  THE EUROPEAN PARLIAMENT
of 23 
April 2009
with observations forming an integral part of the D ecision
 on discharge in respect of the 
implementation of the bu dget 
of the Eu ropean 
Maritime Safety Agency for the financial year 2007
THE EUROPEAN PARLIAMENT,
—having  reg ard  to the fin al  annual  accounts  of the European  Maritime Safety Ag ency  for the fin a ncial 
year 2007
(1) OJ C 278, 31.10.2008, p. 20. (1), 
—having
 regard
 to the Court of Auditors’ report on the fin al
 annual
 account
s of the E uropean
 Maritime 
Safety Ag ency 
for the fin ancial 
year 2007, tog ether 
with the Ag ency’s 
replies
(2) OJ C 311, 5.12.2008, p. 57. (2), 
—having 
regard 
to the Coun cil’s 
recommen dation 
of 10 February 
2009 (5588/2009 — C6-0060/2009), 
—having 
regard 
to the EC 
Treaty, an d 
in 
particular Article 276 thereof, 
—having 
regard 
to Council 
Regulation 
(EC, 
Euratom) 
No 1605/2002 of 25 June 
2002 on 
the Financial 
Regu­
lation
 applicable
 to the general
 budget
 of the European Commun ities
(3) OJ L 248, 16.9.2002, p. 1. (3), and in particular Article 185 
thereof,
 
—having
 regard
 to Regulation
 (EC)
 No 1406/2002 of the E uropean
 Parliamen t
 and
 of the Coun cil
 of
27 June 
2002 estab lishing 
a European 
Maritime Safety Ag ency
(4) OJ L 208, 5.8.2002, p. 1. (4), and in particular Article 19 thereof, 
—having
 regard
 to Commission Reg ulation
 (EC,
 Euratom)
 No 2343/2002 of 19 Novemb er
 2002 on the 
framework  
Financial 
Regulation 
for the bodies 
referred to in  
Article 185 of Reg ulation 
(EC, 
Euratom) 
No 
1605/2002
(5) OJ L 357, 31.12.2002, p. 72. (5), and in particular Article 94 thereof, 
—having 
regard 
to Rule 71 of, an d 
Annex 
V to, its Rules of Procedure, 
—having 
regard 
to the report of the Committee on  
Budgetary 
Control 
and 
the opinion 
of the Committee on  
Transport 
and 
Tourism (A6-0167/2009),
A. whereas the Court of Auditors (E CA) stated that it has ob tained reasonable assurance that the an nual 
accounts 
for the fin ancial 
year 2007 are reliab le, 
and 
the underlying 
transaction s 
are legal 
and 
regular,
B. whereas on 22 April 2008  Parliamen t  granted  the Executive  Director of the European Maritime Safety 
Agency 
discharge 
in 
respect of the implemen tation 
of the Agency’s 
budget 
for the fin ancial 
year 2006
(6) OJ L 88, 31.3.2009, p. 192. (6), 
and 
in 
its resolution  
accompan ying 
the discharg e 
decision, 
inter 
alia,
—noted 
the ECA’s 
finding 
that the procedures for estab lishing 
the budget 
and 
the establishment 
plan 
were
 not
 sufficiently
 rigorous
 and
 that this led to a hig h
 number
 of budgetary
 transfers,
 the inad
­
equate plan ning 
of staff recruitmen t 
and 
incorrect 
budget 
presentation,
 
—noted 
with concern 
the ECA’s 
observations 
that some leg al 
commitmen ts 
were entered 
into 
before 
the 
correspon ding 
budgetary 
commitmen t,
1. Notes 
that the Ag ency 
had EUR 48 
249 000 in  
commitmen t 
and 
payment 
appropriation s 
from the 2007 
budget;N E 9 0 0 2 . 9 . 6 2
Official Journ alof the EuropeanUnion 26.9.2009
2. Regrets that, as in  2006, the E CA found that the Ag ency’s procedures for estab lishing the budget were not 
sufficiently 
rigorous;
3. Notes 
that the E CA 
observed 
that 32 tran sfers 
were made in  
2007; notes 
the ECA’s 
criticism con cerning 
the 
high 
number 
of transfers;
4. Notes 
the Agency’s 
reply that tran sfers 
remained 
below 
the 10 % threshold of the Fin ancial 
Regulation;
5. Further 
notes 
the ECA’s 
criticism that b etween 
mid-June 
and 
December 
2007, EUR 25 
000 000 for an ti-
pollution 
measures, authorised b y 
the Budgetary 
Authority as n ormal 
appropriation s, 
were unduly 
moved 
to assigned 
revenue;
6.
 Notes the Ag ency’s
 reply that it decided on 20 March 2007 to qualify an ti-pollution
 funds
 as assigned 
revenue,
 following
 a suggestion
 of the Commission ,
 and
 that it decided on 21 Novemb er
 2007 to no
 
longer 
treat these fun ds 
as such;
7. Is 
disappoin ted 
that, as in  
2006, the E CA 
found 
again 
that legal 
commitmen ts 
were entered 
into 
before 
the 
correspon ding 
budgetary 
commitmen ts 
were made; calls on  
the Agency 
to step up its train ing 
and 
communication 
efforts in 
order to avoid this situation  
in 
future; requests that action  
taken 
in 
this respect 
be 
reported in  
the Agency’s 
annual 
activity report for 2008;
8. Notes that the E CA 
found 
weaknesses 
with regard 
to recruitmen t 
procedures, as follows:
—selection 
criteria an d 
threshold scores for passin g 
to the next 
stage 
of competition s 
were not 
decided 
upon 
before 
the evaluation  
process started, 
—the staff committee was n ot 
invited 
to participate in  
recruitmen t 
procedures;
9. Notes the Ag ency’s 
reply that measures have b een 
taken 
so that selection  
criteria an d 
threshold scores are 
defined 
at an 
earlier stag e;
10. Calls 
on 
the Agency 
to see to it that its recruitmen t 
procedures are transparen t 
and 
non-discriminatory, 
in 
particular 
by 
ensuring 
the participation  
of the staff committee;
11. Welcomes the fact that the Ag ency 
closely cooperates with the E uropean 
Monitoring 
Centre 
for Drugs 
and 
Drug 
Addiction , 
also based 
in 
Lisbon, 
in 
order to share b uildings 
and 
make 
joint 
use of infrastructure 
and 
services;
12. Urges
 the Commission to en sure
 that the Ag ency
 maintains
 strict financ
ial disciplin e
 in the future an d
 
always work s 
within 
the agreed 
budgets;
13. Refers 
for other ob servations 
accompan ying 
its Decision  
on 
discharge 
which are of a horizon tal 
nature 
to 
its Resolution  
of 23 April 2009 on  
financial 
management 
and 
control 
of EU 
agencies
(1) See page 206 of this Official Journ al. (1).N E 4 7 1 / 5 5 2 L