LIABILITIES (in ecus)31.12.1997
I. Own capital 6 408 083 324,21
II. Provisions for risks and liabilities 872 391 061,38
III. Long-term liabilities 4 762 748 990,14
IV. Short-term liabilities 7 664 113 931,95
V. Suspense accounts 521 812 295,82
TOTAL 20 229 149 603,50
3. Closes the accounts relating to the implementation of the general budget of the European Union for
the 1997 financial year;
4. Instructs its President to forward this decision to the Commission, the Council, the Court of Justice,
the Court of Auditors and the European Investment Bank and to have it published in the ‘Legislation’ series
of the Official Journal of the European Communities.
III.
European Parliament resolution containing the comments which form an integral part of the deci-
sion giving discharge to the Commission for the implementation of the general budget of the
European Union for the 1997 financial year
The European Parliament,
Adash having regard to Article 276 of the EC Treaty,Adash having regard to Article 89(7) of the Financial Regulation, pursuant to which each Community insti-
tution is required to take all appropriate steps to act on the comments appearing in the decisionsgiving discharge,
Adash having regard to paragraph 8 of the same article, which requires the institutions to report, at the
request of the European Parliament, on the measures taken in the light of these comments and parti-cularly on the instructions given to those of their departments which are responsible for the imple-mentation of the budget,
Adash having regard to the report of the Court of Auditors for the 1997 financial year(
1) and the special
reports pertaining to it, accompanied by the institutions’ replies,
Adash having regard to the Council recommendation of 15 March 1999 (C4-0156/1999),
Adash having regard to its resolution of 4 May 1999(2) informing the Commission of the reasons for post-
poning the discharge in respect of the implementation of the general budget of the European Union
for the 1997 financial year,
Adash having regard to Rules 93 and 173 of and Annex V to its Rules of Procedure,Adash having regard to the report of the Committee on Budgetary Control and the opinion of the Committee
on Industry, External Trade, Research and Energy (A5-0004/2000),
A. whereas the turnout in European elections is declining systematically in many Member States,
B. whereas at the time of the European elections allegations of fraud, mismanagement and nepotism in
the European institutions were the subject of public debate in several Member States,
C. whereas it decided to postpone the discharge for the 1997 financial year pending commitments from
the new Commission regarding reform,
D. whereas with regard to subjects which are essential to the reform of the Commission, criticisms were
expressed and measures called for in the second report of the Committee of Independent Experts andin the annex to Parliament’s abovementioned resolution of 4 May 1999 on the postponement of thedischarge,
(1) OJ C 349, 17.11.1998.
(2) OJ C 279, 1.10.1999, p. 119.C 304/130 EN 24.10.2000 Official Journal of the European Communities
Wednesday 19 January 2000
E. whereas in response to these criticisms and demands, the Commission has entered into commitments
and adopted certain measures which should be assessed,
F. whereas in February the Commission will submit a reform programme which should deal in a com-
prehensive manner with all aspects of its organisational and management structures; whereas this dis-charge will therefore make it possible to ascertain the current commitments and measures with a viewto comparing them with the final programme of February 2000,
G. whereas the citizens of Europe will regain their faith in the European institutions only if major
reforms are carried out in the near future,
H. whereas the Commission has in the past appeared to regard the annual report of the Court of Audi-
tors as an irritating ritual rather than a useful contribution to the improvement of financial manage-ment,
1. Reminds the Commission that the discharge which is being given to it is based on the assumption
that its commitments under the reform programme will be implemented in full;
2. Indicates to the Commission the guidelines which it must respect in drafting this programme in
certain particularly sensitive areas;
Closure of accounts
3. Recalls the statement of assurance annexed to the Court of Auditors 1997 Annual Report, which
includes the following points:
(a) that the total volume of assets corresponding to amounts owed to Community bodies by Member
States, which is entered as ECU1756,5 million in the consolidated balance sheet, is incorrectlyreflected in the accounts (points 8.10-8.11 of the Annual Report),
(b) that the Community’s cash account balances are inaccurately presented in the balance sheet, since
amounts totalling several hundred million ecus held in some third countries are recorded as definitivepayments charged to the budget rather than as imprest advances, and that the amount for the PHAREProgramme alone in this context is at least ECU370 million (point 8.12),
(c) that the value of commitments still to be settled is overstated by a net amount of at least ECU 530
million (points 8.18-8.22),
(d) that the total amount of advances and payments on account recorded during the year as payments
charged to the budget is understated by at least ECU4126 million (points 8.23-8.24);
4. Recalls that the audit carried out by the Court of Auditors in the context of the statement of assur-
ance (see points 8.34-8.40 of the Annual Report) once again revealed an unacceptably high percentage ofsignificant errors which have distorted the figures relating to procedures on which payments are based;
5. Declares that it will be unable to close the accounts for the 1999 financial year if the Commission
has failed to rectify the accounting errors identified by the Court of Auditors;
Institutional problems of management and supervision
6. Calls on the Commission to develop a system whereby the recommendations of the Court of Audi-
tors are systematically followed up and reviewed; where complaints are repeated two years in a row, theCommission should hold management accountable for persistent failure to improve the situation;
7. Calls on the Court of Auditors to monitor systematically, each year, the response to the criticisms
expressed in its previous reports;
8. Calls on the Court of Auditors to negotiate framework agreements with national courts of auditors
whereby the latter carry out complementary checks on Community policies conducted in partnership,on the basis of a programme drawn up by common agreement;24.10.2000 EN C 304/131 Official Journal of the European Communities
Wednesday 19 January 2000
9. Observes that the powers of financial control and auditing powers need to be separated in a new
Financial Regulation, and that auditing and inspection structures need to be separate and answerable todifferent Commissioners;
10. Considers that every Directorate-General should present annual reports and accounts along standar-
dised lines, which should include the following year’s qualitative and quantitative targets;
Staff policy
11. Accepts the commitment given by the Commission to define the staff and structures needed on the
basis of objectives ranked in order of priority, but calls on the Commission to state clearly in its reformprogramme all its priorities and the criteria for the selection of the resources to be assigned thereto (staffemployed pursuant to the Staff Regulations; external resources), on the basis of a system which can com-bine activity-based budgeting with an integrated resource-management system;
12. Calls on the Court of Auditors to assess the administrative decentralisation policy which the Com-
mission has embarked upon as part of the MAP 2000 programme;
13. Notes that the Commission has adopted codes of conduct for the Commissioners and their private
offices which entail major improvements with regard to the financial interests of Commissioners and thestaff composition of the private offices, but calls on the Commission to undertake, in its reform pro-gramme:
Adash to supplement the codes with more precise provisions concerning incompatibility in cases where a
Commissioner has a direct personal interest in an act of recruitment, administration or implementa-tion of the budget for which he and his departments are directly responsible.
Adash to make the codes binding by means of a regulation to be adopted by the Commission on the basis of
opinions delivered by Parliament, the Council and the Court of Auditors;
14. Welcomes the Commission’s plans to protect whistleblowers and calls on the Commission to ensure
that staff are encouraged to help work towards a professional climate in which whistleblowing will no
longer be necessary; calls on the Commission, however, to identify, in connection with the code of con-
duct, the fundamental duties of officials so that the latter can oppose any instructions from their hierarchywhich are illegal or unethical;
15. Notes the strategic guidelines for administrative reform presented by the Commission with the aim
of establishing a more effective disciplinary procedure for budgetary irregularities; calls on the Commissionto propose rules to ensure the certainty of the procedure and the absolute impartiality of the body respon-sible for managing it;
Technical Assistance Offices (TAOs)
16. Notes the Commission’s attempt to rationalise the TAOs by establishing a more restrictive legislative
and budgetary framework and by introducing a vade-mecum which prohibits subcontracting of public-administration responsibilities and steps up supervision and monitoring of these bodies;
17. Is only partially satisfied, however, and hopes that the Commission will include in its reform pro-
gramme these further improvements:
(a) the vade-mecum should be binding and thus be an element in the revision of the Financial Regulation;
(b) the TAOs must be excluded from any European public-service functions (even those which are purely
preparatory, such as assessment of bids) and be confined to implementation;
(c) relations with TAOs must be governed by transparent provisions laid down in standard contracts;(d) any function entailing discretionary assessment must be entrusted to executive agencies which operate
as decentralised organs of the Commission and will make use of officials and specialised external staffwho are entirely subject to the authority, supervision and monitoring of the Commission;C 304/132 EN 24.10.2000 Official Journal of the European Communities
Wednesday 19 January 2000
18. Stresses that, pending codification of the new criteria governing delegation of Commission tasks,
the Commission must honour its contractual obligations towards existing TAOs and rectify delays in pay-ment, which cause serious financial problems, particularly for small businesses;
19. Notes that the Commission has ended the contract with the TAO Agenor and resumed responsibil-
ity for managing the Leonardo programme, with the assistance of some of Agenor’s staff; considers thatthis action by the Commission demonstrates some elements of the executive agency formula;
20. Calls on the Commission immediately to waive the immunity of its officials if and when requested
by a national prosecutor, and to bring a parallel civil action before the Belgian courts if the Public Prose-cutions Department decides to institute criminal proceedings in the four fraud cases reported by the Com-mission;
The discharge authority’s access to information
21. Recalls that Article 276(2) of the EC Treaty states that the Commission, in connection with the
exercise of its powers over the implementation of the budget, must submit any necessary information tothe European Parliament at the latter’s request;
22. Notes that the EC Treaty provides for no such right to information for the Council in the area of
the budget, so that Parliament’s right to information in this area is thus more far-reaching than that of theCouncil;
23. Notes that there is general consensus on the right of the discharge authority to full access to infor-
mation on the implementation of the budgets and considers that the formal and practical arrangementswhich need to be put in place to facilitate this right should be set out both in Parliament’s Rules and in anagreement with the Commission on the basis of the principles to be laid down in the framework agree-ment on relations between the Commission and the European Parliament;
24. Instructs its Secretary General and the Constitutional Affairs Committee, in their respective areas of
competence, to bring forward proposals for the necessary formal and practical arrangements (including
changes to Parliament’s Rules of Procedure, notably Annex VII) to ensure Parliament’s unfettered rights
under Article 276 TEC and to create appropriate general procedures for handling documents of a necessa-rily confidential nature Adash e.g. concerning personnel and sub-judice issues Adash which should include, inter alia:
Adash a secure archive for documents classified as confidential,
Adash a secure reading room (without copying and fax facilities, etc.),
Adash formal rules of access and an access register,
Adash a new set of graduated procedures to replace Annex VII to reflect the classification of a confidential
document,
Adash consideration of a sanctions procedure for transgression of Parliament’s rules on confidential docu-
ments;
25. Calls on the Commission to bring forward proposals for the classification of documents and con-
sider other ways Adash drawing on the experience of the relationship between the executive and the legislativein Member States Adash in which full transparency with Parliament can be respected whilst minimising therisks of prejudicing ongoing court cases or transgressing the rights of individual staff members, etc.;
26. Points out to the Commission as of now, however, that:
(a) Parliament will consent to the agreement’s providing for exceptional restrictions only with regard to
the procedures for forwarding, disseminating and collecting data and not with regard to the subject ofthe information;
(b) the principle must apply that Parliament, as the discharge authority, has at least as much access to
Commission documents as the Court of Auditors, whose task it is to support Parliament in monitoringthe implementation of the budget;
(c) the Commission must undertake, pending the introduction of the new rules, to provide all information
which the discharge authority requests from it, on the basis of ad hoc agreements designed to ensurerespect for confidentiality;24.10.2000 EN C 304/133 Official Journal of the European Communities
Wednesday 19 January 2000
The discharge and management of Community policies in partnership (SEM 2000)
27. Notes the Commission’s undertaking to forward to Parliament all information, both concerning
measures under the SEM 2000 programme regarding budgetary management in partnership and concern-ing the responses of national administrations to the comments of the discharge authority;
28. Considers these undertakings only partially satisfactory, however, and calls on the Commission to
commit itself, in its reform programme, to:
(a) arrange for observers from Parliament to attend meetings of the body responsible for the SEM 2000
programme when the functions of Parliament as a legislative, budgetary or budgetary control authorityare at issue;
(b) establish, under the SEM 2000 programme, a procedure whereby Member States can be informed of
the comments of the discharge authority;
(c) seek to ensure that national administrations submit to the discharge authority their comments on the
cooperation they have afforded to the Commission as referred to in Article 274 of the EC Treaty;
29. Notes the Commission’s proposals to deal in an ad hoc trialogue with any legislative matter or
problem of budgetary control considered by SEM 2000, and expects the Commission, together with Parlia-ment and the Council, to take rapid steps to establish this practice;
Combating fraud and corruption
30. Notes that the Commission has not yet produced a full list of cases in which it is suspected that
Commission officials or other employees may be involved in fraud or corruption; calls on the Commissionto present such a list in time for the 1998 discharge procedure and at the latest by 1 March 2000;
31. Notes that the Commission has not yet complied with its request to notify the national judicial
authorities of all cases where it is suspected that Commission officials or other employees may be involvedin fraud or corruption; calls on the Commission to present such a list in time for the 1998 dischargeprocedure and at the latest by 1 March 2000;
External aid /dash aid to Palestine
32. Considers that the Commission still needs to take a number of measures with regard to its aid to
Palestine by 31 March 2000, including:
Adash opening of Gaza hospital,Adash work to begin at the site for the construction of the seat of the Palestinian parliament;
33. Notes that the Commission has approved plans by the International Management Team (IMT) to
have the Gaza hospital available for use by precise dates (15 July 2000 for out-patient consultations,
15 October 2000 for in-patients); reminds the Commission that it must constantly monitor the work of
IMT, for which it bears the ultimate responsibility;
34. Calls on the Commission to submit by 31 March 2000 a programme setting out in detail the
strategies it intends to pursue with regard to external aid in accordance with predetermined priorities.C 304/134 EN 24.10.2000 Official Journal of the European Communities
Wednesday 19 January 2000