Resolution of the European Parliament with comments forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2004, Section VIIIB — European Data Protection Supervisor
Date: 2006-04-27
Institutions: European Parliament
Subjects: European Data Protection Supervisor, budgetary discharge, financial year, general budget (EU), implementation of the budget

L 340/50

EN

Official Journal of the European Union

6.12.2006

RESOLUTION OF THE EUROPEAN PARLIAMENT

with comments forming an integral part of the decision on the discharge for implementation of
the European Union general budget for the financial year 2004, Section VIIIB — European Data
Protection Supervisor

THE EUROPEAN PARLIAMENT,

— having regard to the general budget of the European Union for the financial year 2004 (1),

— having regard to the final annual accounts of the European Communities for the financial year 2004,

Volume III (N6-0027/2005 — C6-0365/2005),

— having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the

replies of the institutions audited (2),

— having regard to the statement of assurance as to the reliability of the accounts and the legality and
regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of
the EC Treaty (3),

— having regard to the Council's recommendation of 14 March 2006 (5971/2006 — C6-0092/2006),

— having regard to Articles 272(10), 275 and 276 of the EC Treaty,

— 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 (4), and in particular Arti-
cles 50, 86, 145, 146 and 147 thereof,

— having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the

European Communities (5),

— having regard to Rule 71 of and 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 Civil Liberties, Justice and Home Affairs (A6-0117/2006),

1.

2.

3.

4.

5.

Notes that in 2004 the European Data Protection Supervisor (EDPS) administered a budget of EUR
1 942 279 with an utilisation rate of 54,67 %;

Notes that the audit of the EDPS by the Court of Auditors did not give rise to any observations
(paragraph 9.24 of the Court of Auditors' annual report);

Notes that on 24 June 2004 the Secretaries-General of the Commission, Parliament and the Council
signed, together with the EDPS, an administrative cooperation agreement to assist the EDPS for a
start-up period of three years under which:

— the Commission's accounting officer and internal auditor are appointed as the EDPS's accounting

officer and auditor;

— Commission departments shall provide assistance for all tasks concerning the management of
persons linked to the institution, such as recruitment of staff, determination of entitlements,
payment of salaries, reimbursement of medical costs, mission payments and so on;

— Commission departments shall also provide assistance to the EDPS in establishing and imple-

menting the budget;

— the EDPS shall be installed in the Parliament's premises; Parliament's departments shall assist the
EDPS as regards material facilities and know-how relating to that installation (security of the
buildings, mail, computers, telephones, offices and supplies);

Believes that a renewal of the cooperation agreement would be desirable considering the small size
of the EDPS' administration;

Calls on the EDPS to continue the setting-up of the institution with full respect for the basic princi-
ples of legality, regularity and sound financial management.

(1) OJ L 53, 23.2.2004.
(2) OJ C 301, 30.11.2005, p. 1.
(3) OJ C 301, 30.11.2005, p. 9.
(4) OJ L 248, 16.9.2002, p. 1.
(5) OJ L 356, 31.12.1977, p. 1.