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 VIII — 
European 
Ombudsman
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 
(C6-0423/2008)
(2) OJ C 287, 10.11.2008, p. 1. (2), 
—having 
regard 
to the European 
Ombudsman’s 
annual 
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 
(A6-0156/2009),
1. Notes that in  
2007 the E uropean 
Ombudsman 
(the Omb udsman) 
had availab le 
commitmen t 
appropria­
tions
 amounting
 to a total of E UR
 8,2 million (2006: E UR
 7,7 million
(6) 2005: EUR  7,2 million . (6)), with a utilisation rate of 
90,48 %, b elow 
the averag e 
of the other in stitutions 
(93,84 %);
2. Notes that, over the period 2003 to 2007, commitmen t
 appropriation s
 have steadily in creased
 from 
EUR 
4,4 million  
to EUR 
8,2 million  
(nearly + 
86 %) and 
posts from 31 to 57 un its 
(+ 84 %), while com­
plaints 
have increased 
from 2 436 to 3 217 (+ 32 %) an d 
new 
enquiries 
opened from 253 to 308 (+ 22 %); 
further notes 
that the n umber 
of posts did n ot 
increase 
for the secon d 
conse
cutive year;
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 Ombudsman;
4. Notes 
that, accordin g 
to the Internal 
Auditor’s report No 08/03, the I nt
ernal 
Auditor’s work  
in 
2007 
showed that ‘subject 
to full implemen tation 
of the agreed 
actions 
[…] the in stitution’s 
internal 
manage­
ment 
and 
control 
systems are effective an d 
provide reason able 
assurance 
of attaining 
its control 
objec­
tives 
on 
a consistent 
basis
’;N E 0 9 / 5 5 2 L
Official Journ alof the EuropeanUnion L 255/91
5. Recalls that the I nternal Auditor’s report No 06/04, carried out to assess the adequacy of managemen t  and  
control 
procedures for estab lishing 
the staff’s in dividual 
entitlement
s, ‘did not 
reveal areas of sig nificant 
risk 
in 
the management 
and 
control 
procedures, b ut 
it did con firm 
that the in stitution 
should address a 
number 
of specific issues’; further recalls that an  
action 
plan 
was conseq
uently 
agreed 
between 
the Inter­
nal 
Auditor an d 
the institution 
and 
a deadline 
for its implemen tation 
was set for 30 Septemb er 
2007; wel­
comes the con clusions 
of the follow-up audit carried out in  
December 
2007, accordin g 
to which all items 
agreed 
in 
the action  
plan 
concerning 
the management 
of individual 
entitle
ments 
were fully implemen ted;
6. Notes 
that the follow-up audit of the ag reed 
action 
plan 
concerning 
compliance 
with public 
procuremen t 
rules 
showed that, while some prog ress 
had been 
made, the Omb udsman 
had not 
yet fully implemen ted 
the 
two outstan ding 
actions 
from Internal 
Audit report No 06/03; en courag
es the Omb udsman 
to pro­
ceed urgently 
to complete the implemen tation 
of these action s, 
as suggest
ed by 
the Internal 
Auditor; wel­
comes the fact that, b ased 
on 
its findings, 
the Internal 
Auditor in cluded 
an 
audit of the pub lic 
procuremen t 
process 
in 
its 2008 work  
programme, 
and 
awaits the fin dings 
of this follow-up audit;
7. Notes the in formation 
given 
by 
the Principal 
Authorisin g 
Officer by 
Delegation 
in 
the 2007 activity report 
to the effect that the self-assessmen t 
of the efficien cy 
of the internal 
control 
framework  
of the Omb uds­
man’s 
services was carried out ag ain 
in 
early 2008, an d 
that the global 
picture resultin g 
from this exercise 
was that of an  
overall satisfactory level of implemen tation 
of the interna
l control 
standards 
(88 % against 
85 
% in 
2006 and 
74 % in 
2004);
8. Further notes, 
however, that improvemen ts 
in 
effectiveness 
were consi
dered to b e 
necessary 
in 
some areas 
(identification 
of sensitive 
functions, 
improvemen t 
of planning 
and 
programming, 
performan ce 
indica­
tors); 
encourages 
the Ombudsman 
to make 
every effort to further improve the efficien cy 
of the internal 
control 
framework  
of the institution;
9. Notes 
with satisfaction  
that the new 
framework  
cooperation  
agreement 
of indefinite 
duration 
between 
the 
Ombudsman 
and 
the Parliamen t, 
which entered 
into 
force on 1 
April 2006, started to b ear 
fruit in 
2007; 
further notes 
that this ag reement 
concerns 
the provision  
of certain 
administrative services, in cluding 
build­
ings, 
IT, 
communications, 
legal 
advice, medical services, train ing, 
translation 
and 
interpretation;
10. Praises 
the Ombudsman 
for having 
continued 
its efforts to develop in te
rinstitutional 
links 
with other b od­
ies 
(in 
particular OPOCE , 
EAS 
and 
EPSO) 
and 
with the Tran slation 
Centre; 
no
tes that 70 % of its opera­
tional 
expenditure 
was committed an d 
spent 
on 
the basis 
of interinstituti
onal 
cooperation ;
11. Notes 
with satisfaction  
the successful implemen tation 
from May 2007 of the reorg anisation 
of the legal 
service, 
ensuring 
effective mon itoring 
of, and 
a sustained 
momentum 
in, 
the handling 
of enquiries 
and 
the 
preparation  
of decision s;
12. Observes 
that, accordin g 
to its annual 
report, the Omb udsman 
faces fewer difficulties than  
in 
previous 
years regarding 
the recruitmen t 
of qualified lawyers an d 
high 
staff turno
ver;
13. Welcomes the adoption  
by 
the Ombudsman 
on 14 
December 
2007 of a decision  
on 
the annual 
declara­
tion of in terests
 of the Omb udsman;
 notes
 with satisfaction that this declaration is pub lished
 on the 
Ombudsman’s 
website;
14. Congratulates 
the Ombudsman 
on 
its accession  
on 2 
June 
2008 to the I nter
institutional 
Agreement 
of
25 May 1999 b etween
 the European
 Parliamen t,
 the Coun cil
 and
 the Commission con cerning
 internal
 
investigations 
by 
the European 
Anti-Fraud 
Office (OLAF)
(1) OJ L 136, 31.5.1999, p. 15. (1) in applying 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); notes with satisfaction  that on the same date the Omb udsman took a decision  
concerning 
the terms an d 
conditions 
for internal 
investigations 
in 
relation 
to the preven tion 
of fraud, cor­
ruption 
and 
any 
illegal 
activity detrimen tal 
to the Commun ities’ 
interes
ts;N E 9 0 0 2 . 9 . 6 2
L 255/92 EN Official Journ alof the EuropeanUnion 26.9.2009
15. Requests that the Omb udsman include in its followin g activity report (fin ancial year 2008) a chapter g iv­
ing 
a detailed accoun t 
of the follow-up durin g 
the year to Parliamen t’s 
earlier discharg e 
decisions, 
includ­
ing 
possible 
explanations 
for not 
having 
followed the recommen dations;
16. 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 Omb udsman, 
especially in  
relation 
to tenders 
for con­
tracts
 for relatively small amoun ts;
 invites
 the Commission — when carryin g
 out its prelimin ary
 work 
prior to drawin g 
up any 
future proposals for amen dment 
to the Financial 
Regulation  
— to consult 
exten­
sively 
with the Secretary Gen eral 
of the Omb udsman 
and 
its Secretariat in  
order to en sure 
that their con ­
cerns 
are fully tak en 
into 
account 
in 
the final 
draft.