Resolution

of the European Parliament containing the comments accompanying the decision on the postponement of the decision concerning discharge to the Director of the European Agency for Safety and Health at Work, the Director of the European Environment Agency, the Director of the Translation Centre for the bodies of the European Union, the Director of the European Monitoring Centre for Drugs and Drug Addiction, the Director of the European Monitoring Centre on Racism and Xenophobia, in respect of the implementation of each Agency's budget for the financial year 2001

THE EUROPEAN PARLIAMENT,

having regard to the Court of Auditors' report on the financial statements of the European Agency for Safety and Health at Work concerning the financial year 2001, together with the Agency's replies(1) (C5-0102/2003),

having regard to the Court of Auditors' report on the financial statements of the European Environment Agency for the financial year 2001, together with the Agency's replies(2) (C5-0098/2003),

having regard to the Court of Auditors' report on the financial statements of the Translation Centre for the bodies of the European Union for the financial year 2001, together with the Centre's replies(3) (C5-0100/2003),

having regard to the Court of Auditors' report on the financial statements of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2001, together with the Centre's replies(4) (C5-0096/2003),

having regard to the Court of Auditors' report on the financial statements of the European Monitoring Centre on Racism and Xenophobia for the financial year 2001, together with the Centre's replies(5) (C5-0094/2003),

having regard to the Council's recommendations of 7 March 2003 (C5-0103/2003, C5-0099/2003, C5-0101/2003, C5-0097/2003, C5-0095/2003),

having regard to the EC Treaty, and in particular Article 276 thereof,

having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(6) and in particular Article 185 thereof,

having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(7) and, in particular, Article 94 thereof,

having regard to Rule 93a and Annex V of its Rules of Procedure,

having regard to the report of the Committee on Budgetary Control (A5-0074/2003),

A. whereas, until now, on the basis of the specific relevant regulations and their respective financial rules, Parliament was responsible for giving discharge to the European Foundation for the Improvement of Living and Working Conditions (Dublin Foundation), to European Centre for the Development of Vocational Training (Cedefop) and to the European Agency for Reconstruction;

B. whereas the new Financial Regulation applicable from 1 January 2003, provided for changes on budgetary and financial matters - including discharge - concerning directly the satellite bodies that receive grants charged to the budget of the Communities;

C. whereas the new Financial Regulation in its Article 185(1) and (2), provides for discharge to the bodies set up by the Communities and having legal personality which actually receive grants charged to the budget, to be given by the Parliament on the recommendation of the Council;

D. whereas, at the present time, the legislative procedures for modifying the constituent acts of the various agencies, in order to bring them into line with the new Financial Regulation, are still under way;

E. whereas this new situation called for a clarification of the rules applicable with reference to the discharge to be given to these bodies for the 2001 financial year;

F. whereas the Commission, in the context of this new situation, provided a clarification with regard to the rules applicable to the discharge procedure concerning these bodies in its note of 3 February 2003 to the Directors of the agencies, and the Committee on Budgetary Control examined the matter at its meeting of 10 February 2003;

G. whereas, as a consequence of the fact that the new Financial Regulation is applicable from 1 January 2003, Parliament is not called to give discharge to those agencies that had completed, before 31 December 2002, their discharge procedures for the financial year 2001 under the previous rules;

H. whereas, in accordance with Article 145 of the new Financial Regulation and Article 94 of Regulation (EC, Euratom) No 2343/2002, Parliament shall consider a report concerning discharge for a given financial year to be given to those bodies by 30 April of the year n+ 2; furthermore, should its competent committee propose postponing the discharge decision, Article 94 provides for the Parliament to give the reasons for postponement;

1. Welcomes the fact that in this new legal framework Parliament is the competent authority for giving discharge to those bodies, thereby satisfying one of its longstanding demands for it to give discharge to the agencies as a means of enhancing transparency, accountability and democratic control;

2. Stresses that, in order to fulfil its responsibilities as discharge authority in the context of this new framework, it intends to work in very close cooperation with the agencies, and expects these bodies to respond accordingly;

3. Regrets that in the circumstances related to this transition from the previous financial rules to the new ones, there was not sufficient time to obtain all the information from these bodies that it deems necessary and adequate in order to fulfil its role as discharge authority;

4. Expects therefore to receive, as soon as possible, all relevant information from these bodies in reply to the requests it will formulate and intends, in a spirit of loyal cooperation among institutions, to transmit all such information to the Council, which is competent for a recommendation to Parliament with respect to discharge;

5. Expresses its intention to consider its decision on the discharge to these bodies once it has received all such information enabling it to reach a decision.

(1) OJ C 326, 27.12.2002, p. 9.

(2) OJ C 326, 27.12.2002, p. 17.

(3) OJ C 326, 27.12.2002, p. 35.

(4) OJ C 326, 27.12.2002, p. 64.

(5) OJ C 326, 27.12.2002, p. 72.

(6) OJ L 248, 16.9.2002, p. 1.

(7) OJ L 357, 31.12.2002, p. 72.