ddrg/super_eurlex huggingface dataset:
Opinion No 4/2002

of the Court of Auditors of the European Communities on an amended proposal for a Council Regulation amending Regulation (Euratom, ECSC, EEC) No 549/69 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the Communities apply

(Purpose: taxation of those entitled to the allowance provided for in the event of termination of service)

(2002/C 225/01)

THE COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 248(4) thereof,

Having regard to the Protocol on the Privileges and Immunities of the European Communities, and in particular Article 16 thereof,

Having regard to the Commission amended proposal of 25 March 2002(1),

Having regard to the Council's request for an opinion on this amended proposal, received at the Court on 11 April 2002,

Whereas:

(1) The purpose of the amended Commission proposal is to apply Article 13 of the Protocol on the Privileges and Immunities of the European Communities to those entitled to the allowance provided for in the event of termination of service foreseen by the Commission in its proposals for Regulations of 25 March 2002 introducing special measures to terminate the service of officials of the Commission of the European Communities, of the General Secretariat of the Council of the European Union, of the European Parliament and of temporary staff working in the Political Groups of the European Parliament.

(2) The abovementioned Article 13 aims to make officials and other servants of the Communities liable to a tax for the benefit of the Communities on salaries, wages and emoluments paid to them and to exempt these officials and other servants from national taxes on salaries, wages and emoluments paid by the Communities,

HAS ADOPTED THE FOLLOWING OPINION:

The proposed amendment, which provides for the application of Regulation (Euratom, ECSC, EEC) No 549/69 to those entitled to the allowance provided for in the event of termination of service, calls for no comments from the Court.

This Opinion was adopted by the Court of Auditors in Luxembourg at its meeting of 10 and 11 July.

For the Court of Auditors

Juan Manuel Fabra Vallés

President

(1) COM(2002) 136 final of 20 March 2002.
EN Official Journal of the European Union C 8/3

OPINION No 8/2006

concerning a proposal for a Council Regulation repealing Council Regulation (EC) No 2040/2000 on budgetary discipline

(pursuant to Article 248(4), second subparagraph, EC)

(2007/C 8/02)

THE COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Articles 37, 248, 279 and 308 thereof,

Having regard to the proposal (1) for a Council Regulation repealing Council Regulation (EC) No 2040/2000 (2) on budgetary discipline,

HAS ADOPTED THE FOLLOWING OPINION:

1. Council Regulation (EC) No 2040/2000 of 26 September 2000 on budgetary discipline lays down rules designed to ensure the proper management of Community expenditure for the period 2000 to 2006.

2. For the period 2007 to 2013 the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management applies (3). The Court draws attention to the fact that it has no opportunity to comment on budgetary discipline and sound financial management issues if they are arranged by interinstitutional agreements instead of Council regulations.

3. The Court agrees that with the new Interinstitutional Agreement Regulation (EC) No 2040/2000 will become obsolete from 1 January 2007 and should be repealed to enable the new Interinstitutional Agreement to be fully applied from this date.

4. However, in the proposal to repeal Regulation (EC) No 2040/2000 the Commission points out that there is no longer any need for specific provisions. In this context the Court notes that the proposed mechanism for provisioning for the Guarantee Fund for external action (4) has not yet been founded on a new legal basis.

This opinion was adopted by the Court of Auditors in Luxembourg at its meeting of 6 December 2006. For the Court of Auditors Hubert WEBER President

(1) COM(2006) 448 final of 9 August 2006.

(2) OJ L 244, 29.9.2000, p. 27.

(3) OJ C 139, 14.6.2006, p. 1.

(4) Proposal for a Council Regulation amending Regulation (EC, Euratom) No 2728/94 establishing a Guarantee Fund for external actions (COM(2005) 130 final of 5 April 2005).
EN Official Journal of the European Union C 23/1

OPINION No 8/2007

on a proposal for a Commission Regulation (EC, Euratom) amending Commission Regulation (EC, Euratom) No 2343/2002 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

(presented pursuant to Article 248(4), second subparagraph, EC)

(2008/C 23/01)

THE COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 (1),

Having regard to Council Regulation (EC, Euratom) No 1995/2006 of 13 December 2006 amending Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (2),

Having regard to the draft Commission Regulation (EC, Euratom) amending Commission Regulation (EC, Euratom) No 2343/2002 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 (3),

Having regard to Opinion No 4/2006 of the Court of Auditors on the draft Council Regulation amending Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4),

Having regard to the request for an opinion on this draft Regulation sent by the Commission to the Court of Auditors on 20 July 2007,

HAS ADOPTED THE FOLLOWING OPINION:

1. The purpose of the draft Regulation is to adapt the framework Financial Regulation of 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 (hereinafter the general Financial Regulation) in keeping with the most recent amendments made to the general Financial Regulation by Council Regulation (EC, Euratom) No 1995/2006 of 13 December 2006.

2. The Court has no comment to make on the Commission's proposal.

This Opinion was adopted by the Court of Auditors in Luxembourg at its meeting of 6 December 2007. For the Court of Auditors Hubert WEBER President

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

(2) OJ L 390, 30.12.2006.

(3) SEC(2007) 1013 final — 2007/0151 (CNS).

(4) OJ C 273, 9.11.2006, p. 2.
Opinion 06/2022

(pursuant to Article 322(1), TFEU)

concerning the proposal for a Regulation of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (recast) (2022/0162 (COD))

(2022/C 446/04)

The European Court of Auditors has published its opinion 06/2022 (pursuant to Article 322(1), TFEU) concerning the proposal for a Regulation of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (recast) (2022/0162 (COD)).

The opinion can be consulted directly or downloaded at the European Court of Auditors’ website:

https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=62434
Products and services provided during the financial year 2004

Resources available to the Foundation (2003 data)

Competences of the Foundation as defined in Council Regulation (EEC) No 1365/75 of 26 May 1975

Areas of Community competence deriving from the Treaty

‘The Community and the Member States, having in mind fundamental social rights… shall have as their objectives… improved living and working conditions… the Community shall support and complement the activities of the Member States in the following fields… (b) working conditions;(c) social security and the social protection of workers;(d) protection of workers where their employment contract is terminated; (e) the information and consultation of workers; (f) representation and the collective defence of the interests of workers and employers, including co-determination; (g) conditions of employment for third-country nationals; (h) the integration of persons excluded from the labour market; (i) equality between men and women…’ (Articles 136 and 137 of the Treaty)

Objectives The aim of the Foundation shall be to contribute to the establishment of better living and working conditions by increasing and disseminating knowledge which is relevant to this subject. In particular, it is required to consider the following areas: — man at work, — organisation of work and particularly job design, — problems peculiar to certain categories of workers, — long-term aspects of the improvement of the environment, — the distribution of human activities in space and in time.

Tasks — To foster the exchange of information and experience in these fields; — To facilitate contact between universities, study and research institutes, economic and social administrations and organisations; — To carry out studies or to conclude study contracts and to provide assistance for pilot projects; — To cooperate as closely as possible with existing specialised institutes.

1. Administrative Board — from each Member State: one government representative, one representative from employers' organisations and one workers' representative, — 3 representatives from the Commission. 2. Director appointed by the Commission from a list of candidates submitted by the Administrative Board, he implements the decisions of the Administrative Board and directs the Foundation. 3. The Committee of Experts is composed of 15 members appointed by the Council on a proposal from the Commission, gives opinions in particular on the work programme. 4. External audit: European Court of Auditors. 5. Discharge given by the Parliament on a recommendation by the Council.

Final budget: 18,1 million euro (16,8 million euro) Of which Community subsidy: 99,6 % (98,3 %) Staff as at 31 December 2004: 91 (88) posts provided for in the establishment plan, of which: 74 (76) were occupied Other staff: Seconded National Experts and employment agency staff: 16 (16) Total staff employed: 90 (92) Operational activities: 53 (60) Administrative: 32 (28) Mixed: 5 (4)
Resources made available to the Agency in 2005

(Council Regulation (EC) No 2062/94 of 18 July 1994 as last amended by Council Regulation (EC) No 1112/2005 of 24 June 2005)

Competences of the Agency as defined in the Council Regulation

Areas of Community competence deriving from the Treaty

Social provisions The Community and the Member States (…) shall have as their objectives (…) improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained (…). With a view to achieving the objectives of Article 136, the Community shall support and complement the activities of the Member States in the following fields: (a) improvement in particular of the working environment to protect workers' health and safety; (b) working conditions; (…) (Extracts from Articles 136 and 137 of the Treaty)

Objectives: — In order to improve the working environment, as regards the protection of the safety and health of workers as provided for in the Treaty and successive Community strategies and action programmes concerning health and safety at the workplace, the aim of the Agency shall be to provide the Community bodies, the Member States, the social partners and those involved in the field with the technical, scientific and economic information of use in the field of safety and health at work.

Tasks: — to collect, analyse and disseminate information on national and Community priorities and on research, — to promote cooperation and the exchange of information, including information on training programmes, — to supply the Community bodies and the Member States with information they require to formulate and implement policies, in particular as regards the impact on small and medium-sized enterprises, — to make available information on preventive activities, — to contribute to the development of strategies and Community action programmes, — to set up a network comprising national focal points and topic centres.

1. Governing Board Composition — 1 representative of the Government of each Member State, — 1 representative of the employers' organisations of each Member State, — 1 representative of the employees' organisations of each Member State, — 3 representatives of the Commission. Task To adopt the Agency's work programme, budget and annual general report. 2. The Director Appointed by the Governing Board on a proposal from the Commission. 3. Committees Obligatory consultation of the Commission and the Advisory Committee on Safety and Health at Work in respect of the work programme. 4. External audit Court of Auditors. 5. Discharge authority Parliament on a recommendation by the Council.

Final budget: — 13,7 million euro (10,7 million euro) Including: — Community subsidy, DG Employment: 96 % (98 %) — Community subsidy, DG Enlargement: 3 % (0 %) Staff at 31 December: 40 (38) posts in the establishment plan, of which, posts filled: 32 (29) 20 (22) other posts (auxiliary contracts, seconded national experts, local staff and employment-agency staff). Total staff: 52 (51) assigned to operational tasks: 35 (34) administrative tasks: 9 (9) mixed tasks: 8 (8)
Resources made available to the Office in 2006

Competences of the Office as defined in Council Regulation (EC) No 2100/94

Free movement of goods Prohibitions or restrictions justified on grounds of the protection of industrial and commercial property shall not constitute a means of arbitrary discrimination or a disguised restriction on trade between the Member States. (Extract from Article 30 of the Treaty)

Objectives To apply the system of Community plant variety rights as the sole and exclusive form of Community industrial property rights for plant varieties.

Tasks — To decide whether to refuse or grant applications for Community plant variety rights. — To decide on objections. — To decide on appeals. — To decide on the revocation or cancellation of a Community plant variety right.

1. The President directs the Office. He is appointed by the Council from a list of candidates proposed by the Commission after obtaining the opinion of the Administrative Council. 2. The Administrative Council oversees the Office's work programme and draws up rules governing the Office's working methods. It is composed of one representative of each Member State and one representative of the Commission, plus their alternates. 3. Decisions regarding the grant of Community plant variety rights are adopted by committees composed of three members of staff of the Office and by the Board of Appeal in appeal proceedings. 4. External control: review of the legality of acts by the President for which Community legislation provides no judicial review by any other body, as well as the legality of acts by the Administrative Council in respect of the Office's budget. 5. Financial control: Court of Auditors. 6. Discharge Authority: Administrative Council.

Final budget 13,0 (13,4) million euro Staff numbers as at 31 December 2006: Number of posts in establishment plan: 41 (40) Posts occupied: 41(40) +4 (5) other posts (auxiliary contracts, national experts on secondment, local staff, employment agency staff) Total staff: 45 (45) Assigned to the following duties:
Resources available to the Agency in 2007

Competences of the Agency as defined in Council Regulation (EC) No 768/2005

Article 37 of the Treaty establishing the European Community. Article 28 of Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy requires Member States to ensure effective control, inspection and enforcement of the rules of the common fisheries policy and to cooperate with each other and with third countries to this end. Council Regulation (EC) No 768/2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the Common Fisheries Policy.

Objectives The Regulation establishes a Community Fisheries Control Agency, the objective of which is to organise operational coordination of fisheries control and inspection activities by the Member States and to assist them to cooperate so as to comply with the rules of the Common Fisheries Policy in order to ensure its effective and uniform application.

Mission and Tasks Mission (i) To coordinate the control and inspection obligations of the Community; (ii) To coordinate the deployment of the national means of control and inspection pooled by the Member States concerned; (iii) To assist Member States in reporting information on fishing activities and control and inspection activities; (iv) To assist Member States to fulfil their tasks and obligations under the rules of the common fisheries policy; (v) To assist Member States and the Commission in harmonising the application of the common fisheries policy throughout the Community; (vi) To contribute to the work of Member States and the Commission on research into and development of control and inspection techniques; (vii) To contribute to the coordination of inspector training and the exchange of experience between Member States; (viii) To coordinate operations to combat illegal, unreported and unregulated fishing, in conformity with Community rules.

1. Administrative Board Comprises one representative from each MemberState and six representatives of the Commission. 2. Executive Director Appointed by the Administrative Board from a list of at least two candidates proposed by the Commission. 3. External Audit Court of Auditors 4. Discharge Authority The Parliament following a recommendation from the Council.

Final Budget: 5 million euro Available to the CFCA at financial independence: 2,2 million euro Establishment plan in 2007: 38 staff Total staff at 31.12.2007: 17 Temporary Staff (Recruitment slowed down in anticipation of the relocation to Vigo early 2008.) Other posts: 8 Contract staff
Resources made available to the College in 2007

Competences of the College as defined in Council Decision 2005/681/JHA

Areas of Community Competence deriving from the Treaty

Approximation of laws Treaty on European Union, in particular Article 30(1) and Article 34(2) thereof.

Objectives The aim of CEPOL shall be to help train senior police officers in the Member States by optimising cooperation between CEPOL's various components. It shall support and develop a European approach to the main problems facing Member States in the fight against crime, crime prevention and the maintenance of law and order and public security, in particular the cross-border dimensions of those problems.

Tasks — To increase knowledge of the national police systems and structures of other Member States and of cross-border police cooperation within the European Union. — To improve knowledge of international and Union instruments, particularly in the following sectors. (a) the institutions of the European Union, their functioning and role, as well as the decision-making mechanisms and legal instruments of the European Union, in particular as regards their implications for law-enforcement cooperation; (b) Europol's objectives, structure and functioning, as well as ways to maximise cooperation between Europol and relevant law-enforcement services in the Member States in the fight against organised crime; (c) Eurojust's objectives, structure and functioning; — To provide appropriate training with regard to respect for democratic safeguards, with particular reference to the rights of defence.

1. Governing Board Composed of: One delegation from each MemberState. Each delegation shall have one vote. Representatives of the European Commission and of the General Secretariat of the Council of the European Union and Europol shall be invited to attend meetings as non-voting observers. 2. Director Manages the Agency, is appointed and removed by the Governing Board. 3. External audit Court of Auditors. 4. Internal Auditor Internal Audit service of the Commission. 5. Discharge authority Parliament acting on a recommendation from the Council.

Final budget: 7,4 million Euro (5,0) (100 % Community subsidy) Staff at 31 December 2007: Number of posts in the Establishment Plan: 22,5 (22,5) Posts occupied: 12 (7) Other posts: (contract staff, seconded national experts, etc.: 9 (8) Total staff: 21 (15)
Competences of the Agency as defined in Council Regulation (EC) No 2667/2000 of 5 December 2000

The Community shall carry out, within its spheres of competence, economic, financial and technical cooperation measures with third countries. Such measures must be complementary to those carried out by the Member States and consistent with the development policy of the Community. (Article 181a)

Objectives To provide EU assistance: (i) for reconstruction and the return of refugees and displaced persons; (ii) to promote sound administration, stronger institutions and the rule of law; (iii) to support the development of a market economy and investment in essential physical infrastructure and environmental measures; (iv) to support social development and consolidate civil society.

Application The Agency manages the principal aid programmes in, Kosovo, Montenegro, and Serbia and in the former Yugoslav Republic of Macedonia. Beneficiaries may include States, bodies under UN administration, federated regional and local bodies, public and semi-public bodies, both sides of industry, business support organisations, cooperatives, mutual companies, charities, foundations and NGOs.

Tasks — To advise the Commission of priority needs, — to devise programmes for reconstruction and the return of refugees and displaced persons, — to take every possible step to implement EU assistance.

1 — Governing Board Comprises one representative from each Member State, two representatives from the Commission and an observer from the European Investment Bank. 2 — Director Appointed by the Governing Board on a proposal from the Commission. Operational Centres in Belgrade, Pristina, Podgorica and Skopje with a high level of management autonomy. 3 — External control Court of Auditors. 4 — Discharge Authority The Parliament following a recommendation from the Council.

Budget 236,5 million euro (250,2 million euro) Staff at 31 December 2008 93 (108) TA posts listed in the establishment plan TA posts occupied: 61 (83) Other posts: Local staff: 158 (165) posts of which 32 (154) were occupied. Contract staff: 28 (29) posts of which 19 (27) were occupied. Total staff: 112 (264) Responsible for Operational tasks: 59 (163) Administrative tasks: 53 (101)