Official Journ alof the EuropeanUnion L 255/123
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 
Aviation Safety Agency for the financial year 2007
THE EUROPEAN PARLIAMENT,
—having reg ard to the final annual accounts of the European Aviation Safety Agency for the fin ancial year 
2007
(1) OJ C 278, 31.10.2008, p. 16. (1), 
—having
 regard
 to the Court of Auditors’ report on the fin al
 annual
 account
s of the E uropean
 Aviation 
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. 20. (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 the Coun cil 
Regulation 
(EC, 
Euratom) 
No 1605/2002 of 25 June 
2002 on 
the Financial 
Regulation 
applicable 
to the general 
budget 
of the European 
Communities
(3) OJ L 248, 16.9.2002, p. 1. (3), and in particular Article 185 
thereof,
 
—having 
regard 
to Regulation 
(EC) 
No 216/2008 of the E uropean 
Parliamen t 
and 
of the Coun cil 
of 20 Feb­
ruary 
2008 on 
common 
rules in 
the field of civil aviation  
and 
establishing 
a European 
Aviation 
Safety 
Agency
(4) OJ L 79, 19.3.2008, p. 1. (4), and in particular Article 60 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 (A6-0163/2009),
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 Aviation 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. 201. (6), 
and 
in 
its resolution  
accompan ying 
the discharg e 
decision, 
inter 
alia:
—noted 
the ECA’s 
insistence 
that the Ag ency, 
in 
cooperation  
with the Commission , 
must review the 
current 
fees scheme in  
order to en sure 
that its costs for certification  
activities are justified an d 
cov­
ered by 
its fees, 
—called on 
the Agency 
and 
the Commission  
to review the Ag ency’s 
fee structure to brin g 
costs and 
rev­
enue 
for certification  
activities in to 
balance,
 
—noted 
the Agency’s 
reply that the fees an d 
charges 
regulation
(7) Commission  Regulation (EC) No 593/2007 (OJ L 140, 1.6.2007, p. 3). (7), which en tered into force on 1  June 
2007
, should g enerate 
revenue 
sufficient 
to cover the cost of certification  
activities,N E 9 0 0 2 . 9 . 6 2
Official Journ alof the EuropeanUnion 26.9.2009
 —called on 
the Agency 
to implemen t 
an 
effective claim man agement 
system, possib ly 
including 
inter­
est 
for late paymen ts;
1. Notes 
that the Ag ency 
had EUR 72 
045 000 in  
commitmen t 
and 
payment 
appropriation s 
from the 2007 
budget;
2. Notes 
the ECA’s 
observation 
that the 2007 estab lishment 
plan 
consisted 
of 467 temporary posts, b ut 
that 
budget 
appropriation s 
for staff expen diture 
did not 
cover actual staff costs for these posts an d 
that, as a 
consequence, 
the Agency 
agreed 
with the Commission  
to reduce the n umber 
of its posts to a maximum 
of 342, of which 333 were filled at the year-en d;
3. Notes 
the Agency’s 
reply that the reduction  
of staff was due to the fact that durin g 
the first two years of 
implemen tation 
of its fees an d 
charges 
regulation, 
revenue 
was insuffici
ent 
to cover forecasted costs; n otes 
that 
the Agency 
refers to a staff policy plan  
2008-2010, ag reed 
with the Commission , 
in 
which the reduc­
tion 
of staff is reflected;
4. Observes 
that the imb alance 
between 
costs and 
revenue 
highlighted 
in 
the previous discharg e 
resolution  
triggered 
a need 
to reduce the plan ned 
number 
of staff by 
25 %, from 467 to a maximum of 342;
5. Expects 
the Agency 
to include 
information 
in 
its annual 
accounts 
for the fin ancial 
year 2008 on  
how far 
a balance 
between 
costs and 
revenue 
in 
relation 
to certification  
activities could b e 
achieved throug h 
imple­
mentation 
of the new 
fees and 
charges 
regulation;
6. Notes 
the ECA’s 
criticism that the chan ges 
concerning 
the staffin g 
of the Ag ency 
in 
2007 were n ot 
reflected 
in 
the establishment 
plan, 
which was n ot 
amended 
accordingly;
7. Fully 
supports the E CA’s 
recommen dation 
that the Ag ency 
carefully check  
the consistency 
of its expen ­
diture 
forecasts, which form the b asis 
of decision s 
of the budgetary 
authority, in  
particular with reg ard 
to 
staff costs; requests the Ag ency 
to ensure 
that the estab lishment 
plan 
correspon ds 
to the actual situation ;
8. Notes 
that the E CA 
and 
the Agency 
disagree 
over the calculation  
of an 
amount 
of EUR 14 
900 000 in  
assigned 
revenue 
received b y 
the Agency 
in 
2007 to cover future certification  
costs; notes 
the ECA’s 
view 
that the Ag ency 
erroneously 
included 
fees levied un der 
the former fees an d 
charges 
regulation 
in 
its cal­
culation; 
notes 
that the Ag ency 
provided an  
explanation 
for its calculation , 
stating 
that it was en titled 
to 
include 
those fees in  
its calculation  
according 
to its basic 
regulation;
9. Notes 
the ECA’s 
criticism of several audited procuremen t 
procedures; notes that the E CA 
found 
one 
pro­
cedure, in  
which bidders 
received in complete 
information 
on 
the award criteria an d 
their evaluation , 
to 
be 
untransparent; 
notes 
the ECA’s 
statement 
that in 
three cases the restricted procedure was applied 
although 
there should have b een 
an 
open 
call for ten der 
as the overall value of the services exceeded the 
threshold;
10. Requests that the Ag ency 
stick 
to the promise g iven 
in 
its replies to comply strictly with the procuremen t 
rules 
and 
to pay particular atten tion 
to the provision  
of clear in formatio
n 
to potential 
bidders;
11.
 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;
12. 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 2 1 / 5 5 2 L