ddrg/super_eurlex huggingface dataset:
Tuesday 14 December 2010

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of xxx

on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/009 ES/Comunidad Valenciana Textiles from Spain)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

having regard to the Treaty on the Functioning of the European Union,

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,

having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,

having regard to the proposal from the European Commission,

whereas:

(1) The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

(2) The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

(3) The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

(4) Spain submitted an application on 22 March 2010 to mobilise the EGF in respect of redundancies in 143 enterprises operating in NACE Revision 2 Division 13 (manufacture of textiles) in a single NUTS II region, Comunidad Valenciana (ES52) and supplemented it with additional information up to 17 June 2010. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission therefore proposes to mobilise an amount of EUR 2 059 466.

(5) The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Spain,

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2010, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 2 059 466 in commitment and payment appropriations.

Article 2

This Decision shall be published in the Official Journal of the European Union.
Wednesday 15 December 2010

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/012 NL/Noord Holland ICT from the Netherlands)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,

Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

(2) The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

(3) The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

(4) The Netherlands submitted an application on 8 April 2010 to mobilise the EGF, in respect of redundancies in two enterprises operating in the NACE Revision 2 Division 46 (‘Wholesale trade, except of motor vehicles and motorcycles’) in the NUTS II region of Noord Holland (NL32) and supplemented it with additional information up to 5 August 2010. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 2 557 135.

(5) The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the Netherlands,

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2010, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 2 557 135 in commitment and payment appropriations.

Article 2

This Decision shall be published in the Official Journal of the European Union.
Tuesday 23 November 2010

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of xxx

on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2009/028 NL/Limburg Division 18 from the Netherlands)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,

Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

(2) The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

(3) The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

(4) The Netherlands submitted an application on 30 December 2009 to mobilise the EGF, in respect of redundancies in nine enterprises operating in NACE Revision 2 Division 18 (printing and reproduction of recorded media) in the NUTS II region Limburg (NL42) and supplemented it with additional information up to 6 May 2010. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 549 946.

(5) The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the Netherlands,

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2010, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 549 946 in commitment and payment appropriations.

Article 2

This Decision shall be published in the Official Journal of the European Union.
Tuesday 19 October 2010

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of …

on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2009/023 PT/Qimonda from Portugal)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,

Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

(2) The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

(3) The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

(4) Portugal submitted an application on 17 December 2009 to mobilise the EGF, in respect of redundancies in the enterprise Qimonda Portugal S.A., and supplemented it by additional information up to 28 April 2010. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 2 405 671.

(5) The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Portugal.

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2010, the European Globalisation Adjustment Fund (EGF) shall be mobilised to provide the sum of EUR 2 405 671 in commitment and payment appropriations.

Article 2

This Decision shall be published in the Official Journal of the European Union.
3.

Calls on the Commission, without prejudice to its right of initiative, to make use of the Draft amending budget on the budgeting of the surplus for the financial year 2010, as provided for by Article 15 of the Financial Regulation, in order to draw upon the negative reserve;
5.

Welcomes the fact that following repeated requests from Parliament, for the first time the 2011 budget shows payment appropriations of EUR 47 608 950 on the EGF budget line 04 05 01; recalls that the EGF was created as a separate specific instrument with its own objectives and deadlines and that it therefore deserves a dedicated allocation, superseding transfers from other budget lines, as done in the past, which could be detrimental to the achievement of the various policies objectives; notes that the amount of payment appropriations initially entered on the budget line 04 05 01 will have been fully consumed after adoption by both arms of the budgetary authority of the proposals submitted to date for mobilising the EGF;
14.

Requests the institutions involved to make the necessary efforts to improve procedural and budgetary arrangements to accelerate the mobilisation of the EGF; appreciates the improved procedure put in place by the Commission, following Parliament's request for accelerating the release of grants, aimed at presenting to the budgetary authority the Commission's assessment on the eligibility of an EGF application together with the proposal to mobilise the EGF; hopes that further improvements in the procedure will be integrated in the new Regulation on the European Globalisation Adjustment Fund (2014–2020) and that greater efficiency, transparency, visibility and follow-up of the EGF will be achieved;
14.

Recalls that the EGF support should primarily be allocated to job searches and training programmes instead of contributing directly to financial allowances; notes that, if included in the package, such allowances should be of a complementary nature and should never replace allowances under the responsibility of Member States or companies by virtue of national law or collective agreements; stresses, in this context, that the new EGF regulation for 2014-2020 will introduce a cap on financial allowances which will not constitute more than 35 % of the cost of the package and that a disproportionate rate of allowances will not be repeated under the new regulation;
6.

Welcomes the projects on the internal organisation of the Committee, which set out the objectives of cooperation between services and the development of synergies in common activities and joint actions; welcomes, with regard to last year’s recommendations, the information provided and asks to be continually updated on the projects and to be informed on the budgetary consequences of the measures taken;
27.

Informs the Council that the Commission also states in its letter that it will not oversee the implementation of the budgets of the other institutions and that giving a response to questions addressed to another institution would infringe the autonomy of that institution to implement its own section of the budget; reminds the Council that one of the European Council’s conclusions of 18 and 19 October 2012 was that ‘democratic legitimacy and accountability should be further explored’; recalls that Parliament grants discharge to the other institutions after considering the documents provided and the replies given to the questions; regrets that the Parliament repeatedly encounters problems in receiving answers from the Council;
8.

Notes, despite positive conclusions in general, that the following weaknesses, which are specific to some extent, were noted in respect of the ex ante control of cost claims submitted by Clean Sky partners: — the checklists used for the ex ante control on cost claims were not always complete, — the verifying officers did not prepare technical acceptance reports on the partners’ activities, — in one case, the tasks of financial verification and authorisation were performed by the head of administration, which is contrary to the provisions of the financial procedures manual and the principle of segregation of duties, — the Joint Undertaking’s partners are generally late in submitting cost claims and at the time of the audit, at least 70 out of 292 cost claims had not been submitted to the Joint Undertaking on time, with 15 cases exceeding one year of delay;
12.

Regrets that the Body has provided limited information regarding conflicts of interests policy, referring only to conflicts of interests declarations being requested and making no mention of any code of conduct or policy in place; notes that there is nothing on the publication of the declarations, on awareness training in place or on bringing the Body into line with the Commission’s Guidelines on the Prevention and Management of Conflict of Interests in EU Decentralised Agencies; calls on the Body to remedy this situation before 1 September 2014; calls on the Body to provide the discharge authority with details of the measures being taken in this domain, particularly because it is composed by representatives of the electronic communication regulators of the Member States and it has to advise those regulators, as well as the Union institutions, and this situation requires a strong and transparent conflict of interests policy in place;
19.

Notes that this new legal entity under Article 187 TFEU will follow the model financial regulation for PPP bodies referred to in Article 209 of the Financial Regulation, charged with indirect management and it would take over all rights and obligations of the current Artemis and ENIAC Joint Undertakings; expects that complete and appropriate financial assessments of rights and obligations of each entity will be executed by the Court of Auditors; recalls, in this context, the joint statement by the European Parliament, the Council and the Commission on the separate discharge for Joint Undertakings under Article 209 of the Financial Regulation;
4.

Endorses the Joint conclusions agreed by the Parliament and the Council on 8 December 2014 with the view of approving the additional commitment appropriations amounting to EUR 80 million in budget 2014 and shifting the corresponding payment needs to the 2015 budget;
58.

Emphasises the importance of the EIB's zero tolerance policy on fraud and corruption; draws attention to the importance of not funding undertakings which have been shown to be involved in fraud and corruption; regards as inadequate the EIB's current policy on non-cooperative jurisdictions, including the latest addendum, and calls on the EIB to implement without delay a new ‘responsible tax policy’ under which it would carry out a forensic review of the beneficial owners of the undertakings funded and, in cases where multinationals are in receipt of funding, it would require the latter to provide in advance a breakdown of the revenue and profits they generate and the amounts of tax they pay in each country in which they operate;
1.

Notes from the Court's report that regarding the two comments made in the Court's 2011 report and marked as ‘Ongoing’ or ‘Outstanding’ in the Court's 2012 report, corrective actions were taken and one comment is now marked in the Court's 2013 report as ‘Completed’ and the other one as ‘Ongoing’; notes furthermore that for the three comments made in the Court's 2012 report, one corrective action was taken and the corresponding comment is now marked as ‘Completed’, and from the other two comments one is now marked as ‘Ongoing’ and the other one as ‘Not Applicable’;
15.

Deeply regrets that 91 % of reimbursements for experts made in 2013 were late; notes, furthermore, that in the first half of 2013, the late payments were overdue by an average of 78 days, against 33 days in the second half of 2013; acknowledges from the Office that it will explore different methods in order to reduce the payment delays to the set target of 30 days; calls on the Office to resolve this issue as a matter of urgency and to report to the discharge authority on the measures taken to do so and on their results;
1.

Agrees with the Commission that the exceptional circumstances put forward by the Irish authorities, namely that the redundancies have a serious impact on employment and the local and regional economy, justify a derogation from the intervention criteria set out in Article 4(2) of the EGF Regulation, and that, therefore, Ireland is entitled to a financial contribution under that Regulation; notes, however, that the exceptional circumstances in this case relate to only 250 persons; in this respect recommends that the Commission establish clear criteria for applications relating to less than 500 workers; underlines that if the criteria laid down in Article 4(1)(a) of that Regulation are not entirely met, applications should be assessed on a case-by-case basis and that there should not be an automatic endorsement of applications that don't meet the basic conditions;
1.

Recalls that the Court of Auditors (‘the Court’), in its report on the annual accounts of the European Institute of Innovation and Technology (‘the Institute’) for the financial year 2013, found for the second consecutive year no reasonable assurance on the legality and regularity of the grant transactions; notes that in the Court's view the quality of the certificates was compromised as they were issued by independent audit firms contracted by the grant beneficiaries, covering about 87 % of the grant expenditure; recalls furthermore that in order to address the shortcomings related to the quality of the audit certificates, the Institute improved the instructions provided to certifying auditors and communicated the updated instructions to the ‘Knowledge and Innovation Communities’ (KICs), the recipients of the Institute's grants, in June 2013;
9.

Notes that the Strategy Towards 2019 introduced new key performance indicators (KPI) with very specific targets and that, according to the KPI scoreboard, some of those targets have not been reached; in this regard, notes that the Ombudsman scored lower in terms of the proportion of inquiries closed within 12 and 18 months and furthermore in the proportion of cases in which the admissibility decision is taken within one month; invites the Ombudsman to develop a strategy for the mitigation of any potential weaknesses in this regard and to keep the discharge authority informed on any developments thereto;
12.

Notes that, according to the Court's report, the Joint Undertaking did not assess the quality of the audit reports received from the NFAs concerning the costs relating to completed projects; notes, furthermore, that, after an assessment of the audit strategies of three of the NFAs, it was not possible to conclude whether ex post audits are functioning effectively due to different methodologies used by NFAs which did not allow the Joint Undertaking to calculate either a weighted error rate or a residual error rate; notes that this technical difficulty does not, however, result in the Court’s negative opinion, but understandably prevents it from confirming the legality and regularity of the transactions without formulating a reservation; notes also that the Joint Undertaking has confirmed that its extensive assessment of the national assurance systems concluded that they can provide a reasonable protection of the financial interests of its members;
4.

Welcomes the Commission’s commitment not to divert appropriations from the external humanitarian aid budget; notes that the Commission proposes to finance the first instalment under this new instrument by redeploying appropriations from the Asylum, Migration and Integration Fund (AMIF) appropriations, which were already meant at ensuring burden-sharing between Member States in dealing with refugees; believes that the entire amount cannot be covered through redeployments without affecting the delivery of the AMIF, which is bound to come under pressure this year and might need further reinforcements if the relocation scheme is to reach full speed; considers, therefore, this EUR 100 million to be a frontloading of appropriations which will need to be compensated at a later stage; notes that there is no margin left under heading 3 and that the Flexibility Instrument has already been used in its entirety for 2016; supports, therefore, the mobilisation of the Contingency Margin for the remaining amount for this year as soon as necessary and invites the Commission to present a proposal in this respect; anticipates that an upward revision of the MFF ceiling for heading 3 will prove to be inevitable in order to address all needs linked to the refugee and migration crisis;
3.

Welcomes the further reduction of the overall level of committed appropriations carried over from EUR 2 500 000 (32 %) in 2012 and EUR 2 200 000 (29 %) in 2013 to EUR 1 900 000 (27 %) in 2014; notes from the Court's report that the level of carry-overs was high at EUR 1 800 000 (54 %) for Title III (operational expenditure); acknowledges that the main reasons for these carry-overs were delayed procurements of surveys and studies as well as ongoing studies which were expected to be finalised as planned in 2015; understands that the reasons for the delayed studies under operational appropriations are often due to circumstances outside the control of the Institute; calls, however, on the Institute to continue its effort to decrease the amount of carry-overs in the operational budget to respect the budgetary principle of annuality;