Official Journ alof the EuropeanUnion 26.9.2009
RESOLUTION OF  THE EUROPEAN PARLIAMENT
of 23 
April 2009
with observations forming an integral part of its D ecision
 on discharge in respect of the 
implementation of the Eu ropean 
Union general bu dget 
for the financial year 2007, Section IX — 
European 
Data 
Protection Su pervisor
THE EUROPEAN PARLIAMENT,
—having reg ard to the European Union general budget for the fin ancial year 2007
(1) OJ L 77, 16.3.2007. (1), 
—having 
regard 
to the final 
annual 
accounts 
of the European 
Communities 
for the fin ancial 
year 2007 — 
Volume I 
(C6-0424/2008)
(2) OJ C 287, 10.11.2008, p. 1. (2), 
—having 
regard 
to the European 
Data Protection  
Supervisor’s an nual 
report to the discharg e 
authority on  
internal 
audits carried out in  
2007, 
—having 
regard 
to the An nual 
Report of the Court of Auditors on  
the implementation  
of the budget 
con­
cerning 
the financial 
year 2007, tog ether 
with the audited in stitutions’ 
replies
(3) OJ C 286, 10.11.2008, p. 1. (3), 
—having 
regard 
to the statemen t 
of assuran ce 
as to the reliab ility 
of the accoun ts 
and 
the legality 
and 
regu­
larity 
of the underlying 
transactions 
provided b y 
the Court of Auditors pursuan t 
to Article 248 of the E C 
Treaty
(4) OJ C 287, 10.11.2008, p. 111. (4), 
—having 
regard 
to Articles 272(10), 274, 275 an d 
276 of the E C 
Treaty, 
—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 
Communities
(5) OJ L 248, 16.9.2002, p. 1. (5), and in particular Articles 50, 86, 
145, 
146 and 
147 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 
(A6-0154/2009),
1. Notes that in  
2007 the E uropean 
Data Protection  
Supervisor (E DPS) 
had commitmen t 
appropriation s 
available 
amounting 
to a total of E UR 
5 million 
(2006: EUR 
4,1 million
(6) 2005: EUR  2,8 million . (6)), represen ting an increase of 
nearly 
20 % as compared with 2006, with a utilisation  
rate of 86,14 %, b elow 
the averag e 
of the other 
institutions 
(93,84 %);
2. Notes the in crease 
in 
permanent 
posts from 24 in  
2006 to 29 in  
2007 (+ 21 %) allocated to the E DPS; 
welcomes 
in 
this context 
the EDPS’ 
intention 
of restrictin g 
expansion 
in 
both tasks 
and 
staff, usin g 
con­
trolled 
growth 
to ensure 
that new 
staff are fully tak en 
on 
board 
and 
adequately in tegrated 
and 
trained;
3. Points 
out that the Court of Auditors in dicated 
in 
its annual 
report that the audit did n ot 
give 
rise to any 
significant 
observations 
as regards 
the EDPS;
4.
 Recalls that on 7 Decemb er
 2006 the Admin istrative
 Cooperation Agreement b etween
 the Secretaries-
General 
of the Commission , 
Parliamen t 
and 
the Council, 
signed 
together 
with the E DPS, 
was renewed 
for 
a further period of three years with effect from 16 January 
2007;N E 4 9 / 5 5 2 L
Official Journ alof the EuropeanUnion L 255/95
5. Notes that, b ased  on the ab ove-mentioned  Cooperation Ag reement,  the admin istrative  handling  of all 
EDPS 
missions 
is ensured 
by 
the Paymaster’s Office of the Commission , 
and 
the same in ternal 
rules apply 
to the reimb ursement 
of accommodation  
costs incurred 
on 
mission 
for its two categ ories, 
its two Mem­
bers 
and 
its staff;
6. Recalls that, b y 
decision 
of 7 Novemb er 
2006, the E DPS 
decided to set up an  
internal 
control 
structure in  
line 
with its activities an d 
requiremen ts; 
notes 
that a first evaluation  
performed b y 
the EDPS’ 
services has 
demonstrated 
the functionality 
and 
efficiency 
of this internal 
control 
system;
7. Notes with satisfaction  
that the first audit report issued b y 
the Intern
al Audit Service (I AS) 
was received in  
September 
2007, and 
that it iden tified 
certain 
issues requirin g 
improvemen t; 
is satisfied b y 
the fact that 
the implemen tation 
of IAS 
recommen dations 
agreed 
by 
the EDPS 
was set as a priority for 2008 an d 
that, 
as a consequence, 
an 
action 
plan 
was drawn  
up in 
early 2008; en courages 
the EDPS to fully implemen t 
this 
action 
plan;
8. Welcomes 
the annual 
publication 
by 
the EDPS 
and 
the Assistan t 
EDPS 
of a declaration  
of their fin ancial 
interests,
 in a form similar to that completed an nually
 by
 Members
 of Parliamen t,
 contain
ing
 relevant 
information 
on 
such things 
as declarab le 
profession al 
activities an d 
remunerated 
posts or activities;
9. Congratulates 
the EDPS 
on 
its decision  
of 12 Septemb er 
2007 to accede to the I nterinstitutional 
Agree­
ment 
of 25 May 1999 b etween 
the European 
Parliamen t, 
the Council 
and 
the Commission  
concerning 
internal
 investigations
 by
 the European
 Anti-Fraud
 Office (OLAF)
(1) OJ L 136, 31.5.1999, p. 15. (1) in applyin g the system set up b y 
Regulation 
(EC) 
No 1073/1999
(2) Regulation (EC) No 1073/1999 of the E uropean Parliamen t and of the Coun ci l of 25 May 1999 con cerning investiga­
tions 
conducted 
by 
the European 
Anti-Fraud 
Office (OLAF) (OJ L 136, 31.5.1999, p. 1). (2);
10. Requests that the E DPS
 include
 in its following activity report (fin an
cial year 2008) a chapter g iving
 a 
detailed accoun t 
of the follow-up durin g 
the year to Parliamen t’s 
earlier discharg e 
decisions, 
including 
pos­
sible 
explanations 
for not 
having 
followed the recommen dations;
11. Notes 
that, despite amen dments 
to the Financial 
Regulation, 
its rules on  
procuremen t 
are still excessively 
cumbersome 
for smaller in stitutions, 
such as the E DPS, 
especially in  
relation 
to tenders 
for contracts 
for 
relatively small amoun ts; 
invites 
the Commission  
— when 
carrying 
out its prelimin ary 
work 
prior to draw­
ing 
up any 
future proposals for amen dment 
to the Financial 
Regulation 
— to consult 
extensively 
with the 
European 
Data Protection  
Supervisor an d 
its Secretariat in  
order to en sur
e that their con cerns 
are fully 
taken 
into 
account 
in 
the final 
draft.N E 9 0 0 2 . 9 . 6 2