European Parliament legislative resolution on the initiative of the Portuguese Republic, the French
Republic, the Kingdom of Sweden and the Kingdom of Belgium with a view to adopting a Council
decision setting up a Provisional Judicial Cooperation Unit (10356/2000 Adash C5-0395/2000 Adash 2000/
0816(CNS))
(Consultation procedure)
The European Parliament,
Ldash having regard to the initiative of the Portuguese Republic, the French Republic, the Kingdom of Swe-
den and the Kingdom of Belgium (10356/2000)(1),
Ldash having regard to Article 34(2)(c) of the EU Treaty,Ldash having been consulted by the Council pursuant to Article 39(1) of the EU Treaty (C5-0395/2000),
Ldash having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the pro-
posed legal basis,
Ldash whereas the legal basis proposed is inadequate, and reference should also be made to Article 29 of the
EU Treaty,
Ldash having regard to Rules 106 and 67 of its Rules of Procedure,
Ldash having regard to the report of the Committee on Citizens’ Freedoms and Rights, Justice and Home
Affairs (A5-0317/2000),
1. Approves the initiative of the Portuguese Republic, the French Republic, the Kingdom of Sweden and
the Kingdom of Belgium, subject to Parliament’s amendments;
2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parlia-
ment;
3. Asks to be consulted again should the Council intend to make substantial amendments to the initia-
tive of the Portuguese Republic, the French Republic, the Kingdom of Sweden, and the Kingdom of Bel-gium;
4. Instructs its President to forward this opinion to the Council, the Commission and the governments
of the Portuguese Republic, the French Republic, the Kingdom of Sweden and the Kingdom of Belgium.
(1) OJ C 243, 24.8.2000, p. 21.
8. FAIR Programme
A5-0310/2000
European Parliament resolution on Court of Auditors Special Report No 9/99 concerning research
activities in the field of agriculture and fisheries (FAIR Programme Adash Fisheries, Agriculture and
Agro-Industrial Research), together with the Commission’s replies (C5-0227/2000 Adash 2000/
2133(COS))
The European Parliament,
Ldash having regard to the Court of Auditors Special Report (C5-0227/2000)(1),
Ldash having regard to Article 276 of the EC Treaty,
(1) OJ C 92, 30.3.2000.8.8.2001 EN C 223/97 Official Journal of the European Communities
Tuesday 14 November 2000
Ldash having regard to Rule 47(1) of its Rules of Procedure,
Ldash having regard to the measures taken in the meantime by the Commission to improve the management
of FAIR,
Ldash having regard to the report of the Committee on Budgetary Control and the opinion of the Committee
on Fisheries (A5-0310/2000),
A. alarmed by the findings of the Court of Auditors’ investigation, which show that despite the efforts
made in recent years the Commission departments in charge of FAIR do not have full control of
expenditure,
B. whereas the Commission was faced with a very difficult task in the case of the Fourth Framework
Programme, as the Council adopted the programme too late,
C. whereas the FAIR projects are seen as extremely useful by expert committees, scientists, the fisheries
sector, the agricultural sector and the agro-industrial sector,
D. taking note of the assurance by the Commission that it has just completed a five-year assessment
exercise and that the reports will be transmitted to the European Parliament and its competent com-mittees,
1. Notes that the Commission and the Court of Auditors have taken too long to complete the proce-
dure relating to the control of FAIR (monitoring, contradictory procedure and publications);
2. Calls therefore on the Commission and the Court of Auditors to draft proposals for dealing with the
controls and the associated procedures more rapidly;
3. Takes the view that the Commission should use assessments of programmes that have been imple-
mented as a key element in preparations for new research programmes;
4. Urges the Commission to ensure that the annual monitoring exercise by independent external
experts, which was carried out in 1995, 1996, 1997 and 1998 and which, in view of the criticism bythe Court of Auditors, was not sufficiently or not adequately followed by the necessary follow-up mea-
sures, will be replaced by better controls (internal and/or external) and adequately followed by reactions
improving the financial management of FAIR;
5. Takes the view that the coordination and management of measures by three Directorates-General,
including coordination of IT policy, means that a decision must always be taken on who is ultimately
responsible for implementation;
6. Shares the Commission’s view that the joint responsibility for the implementation of the projects
comes very close to the joint financial responsibility called for by the Court of Auditors but nevertheless
asks the Commission to take into account the remarks by the Court of Auditors on joint financial respon-
sibility and add these to the standard agreements for extra security;
7. Is very concerned by the remarks on flat rates for overheads and urges the Commission to reduce the
flat rates as much as possible and to work constantly on improving the definitions;
8. Takes note of the remarks by the Commission that, in future, stronger sanctions will be applied;
9. Takes note that the amount of €3,4 million still remains to be recovered, asks the Commission to
investigate whether more cases than those found by the Court of Auditors (in its small sample) can be
found and insists that the Commission try to recover the full sums as soon as possible;
10. Urges the Commission to set up a register in which all contracting parties of the Commission will
be registered in order to prevent double financing;C 223/98 EN 8.8.2001 Official Journal of the European Communities
Tuesday 14 November 2000
11. Points out also that although the monitoring responsibilities of Commission staff were limited in
the case of interim accounts, this can under no circumstances result in excessive amounts knowingly being
paid, even if it is known that these can be corrected later, and calls on the Commission also to conduct
adequate checks in the case of interim payments;
12. Considers, in connection with the promotion of research policy, that scientific research is an impor-
tant part of the common fisheries policy which should make it possible to improve forecasting of how best
to manage resources and to adapt catch techniques;
13. Recognises the Commission’s efforts to make the necessary changes in response to the criticisms
made in the Court of Auditors’ special report and to improve management of the FAIR programme;
14. Considers that the measures to improve the management of FAIR, taking account of the observa-
tions above and taking further account of the Court of Auditors’ remarks, seem adequate;
15. Consequently, with regard to future developments, holds out high expectations that must not be
disappointed;
16. Instructs its President to forward this resolution to the Council, the Commission and the Court of
Auditors.8.8.2001 EN C 223/99 Official Journal of the European Communities
Tuesday 14 November 2000