Amendment of regulation on a standard financial regulation for executive agencies # European Parliament legislative resolution of 10 April 2008 on the draft Commission regulation (EC) amending Regulation (EC) No 1653/2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (SEC(2007)0492 — C6-0123/2007 — 2007/0901(CNS))
Date: 2008-04-10
Institutions: Committee on Budgets, European Parliament, Provisional data
Subjects: EU office or agency, EU programme, financial regulation, legal status, management, outsourcing








CE2009247EN.01006001.xml










15.10.2009   


EN


Official Journal of the European Union


CE 247/60





Thursday 10 April 2008Amendment of regulation on a standard financial regulation for executive agencies *
P6_TA(2008)0111
European Parliament legislative resolution of 10 April 2008 on the draft Commission regulation (EC) amending Regulation (EC) No 1653/2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (SEC(2007)0492 — C6-0123/2007 — 2007/0901(CNS))
2009/C 247 E/14
(Consultation procedure)

The European Parliament,
having regard to the draft Commission regulation (SEC(2007)0492),
having been consulted by the Commission by letter of 25 April 2007 (C6-0123/2007),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on Budgets and the opinion of the Committee on Budgetary Control (A6-0068/2008),






1.


Approves the draft Commission regulation as amended;










2.


Calls on the Commission to alter its draft regulation accordingly,










3.


Asks to be consulted again if the Commission intends to depart from the text approved by Parliament;










4.


Instructs its President to forward its position to the Council and the Commission.










TEXT PROPOSED BY THE COMMISSION


AMENDMENTS BY PARLIAMENT




Amendment 1





RECITAL 3A (new)





 










(3a)





The fact that the discharge to the director of the agency in respect of the administrative budget is distinguished from the discharge in respect of the implementation by the agency of operational appropriations relating to Community programmes may endanger the clarity of the discharge procedure in the event of a proliferation of executive agencies.









Amendment 2





RECITAL 3B (new)





 










(3b)





In view of the difference in deadlines for the European Parliament's discharge decision in respect of the general budget, which is 15 May of year N+2, and its discharge decision in respect of the executive agencies, which is 29 April of year N+2, all actors involved should try to avoid difficulties in practice and strive for a harmonisation of the legal bases in the future.









Amendment 4





RECITAL 9A (new)





 










(9a)





It should be clarified that the management board or steering committee — which is appointed by the Commission, the Commission being therefore responsible for ensuring that the board members possess the necessary qualifications and are not subject to any conflict of interest — bears certain responsibilities for budget and control issues and should therefore be accountable to the discharge authority.









Amendment 5





ARTICLE 1, POINT 1A (new)


Article 9, paragraph 4 (Regulation (EC) No 1653/2004)





 










(1a)





In Article 9, the fourth paragraph is replaced by the following:


The appropriations available at 31 December arising from the assigned revenue referred to in Article 15 shall be carried over automatically. The appropriations available corresponding to assigned revenue carried over must be used first.

By 1 June of the following year at the latest, the agency shall inform the Commission on the implementation of the assigned revenue carried over. The Commission shall send a summary report on the usage of the assigned revenue of all executive agencies to the budgetary authority by 15 July of the following year at the latest.










Amendment 6





ARTICLE 1, POINT 2A (new)


Article 13, paragraph 2 (Regulation (EC) No 1653/2004)





 










(2a)





In Article 13, the second paragraph is replaced by the following:


However, for cash-flow purposes, the accounting officer of the executive agency may, in duly justified cases, carry out operations in national currencies.









Amendment 7





ARTICLE 1, POINT 4


Article 19a, paragraph 2, point (c) (Regulation (EC) No 1653/2004)











(c)


safeguarding of assets and information;












(c)


safeguarding of assets and 
transparency of
 information;








Amendment 8





ARTICLE 1, POINT 5, POINT (A)


Article 20, paragraph 2 (Regulation (EC) No 1653/2004)





The budget and amending budgets, as finally adopted, shall be transmitted for information to the budgetary authority, the Court of Auditors and the Commission and published on the website of the agency concerned. A summary of the budgets and amending budgets shall be published in the Official Journal of the European Union within three months of their adoption.


The budget and amending budgets, as finally adopted, shall be transmitted for information to the budgetary authority, the Court of Auditors and the Commission and published on the website of the agency concerned. A summary of the budgets and amending budgets shall be published in the Official Journal of the European Union within three months of their adoption. 
This summary shall contain the following items: revenue and expenditure, stating changes in relation to the previous year; the five main expenditure budget lines for the administrative and operational budgets; the five main revenue budget lines; and the establishment plan including officials and temporary staff, as well as an overview of contract staff and national experts, and stating changes in relation to the previous year.






Amendment 9





ARTICLE 1, POINT 5, POINT (B)


Article 20, paragraph 2a (Regulation (EC) No 1653/2004)





The agency shall make available
, in an appropriate manner,
 information on the beneficiaries of funds deriving from its budget. This information shall be made available with due observance of the requirements of confidentiality, in particular the protection of personal data as laid down in Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data and of the requirements of security.


The agency shall make available 
on its Internet site
 information on the beneficiaries of funds deriving from its budget. 
The published information shall be easily accessible to third parties, transparent and comprehensive.
 This information shall be made available with due observance of the requirements of confidentiality, in particular the protection of personal data as laid down in Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data and of the requirements of security. 
Where the information is not published in full, data on beneficiaries shall be made available in an appropriate manner to the European Parliament's Committee on Budgetary Control. Information on funds received shall be published in anonymous form, stating the reasons for confidentiality and the unit responsible for the decision on confidentiality, in accordance with the first two sentences of this paragraph.






Amendment 10





ARTICLE 1, POINT 6A (new)


Article 21, point (a) (Regulation (EC) No 1653/2004)





 










(6a)





In Article 21, point (a) is replaced by the following:








(a)




an establishment plan setting the number of temporary posts authorised within the limits of the budget appropriations, by grade and by category,

as well as a well-founded estimate of the number of contract staff planned and provisionally budgeted;














Amendment 11





ARTICLE 1, POINT 6B (new)


Article 21, point (b) (Regulation (EC) No 1653/2004)





 










(6b)





In Article 21, point (b) is replaced by the following:









(b)






detailed documentation on assigned revenue;














Amendment 12





ARTICLE 1, POINT 6C (new)


Article 21, point (c) (Regulation (EC) No 1653/2004)





 










(6c)





In Article 21, point (c) is replaced by the following:









(c)






information on the achievement of all previously set objectives for the various activities as well as new objectives measured by indicators; evaluation results shall be consulted and referred to as evidence of the likely merits of a proposed budget amendment.














Amendment 13





ARTICLE 1, POINT 6D (new)


Article 22, paragraph 3 (Regulation (EC) No 1653/2004)





 










(6d)





In Article 22, the third paragraph is replaced by the following:


The budgetary authority shall adopt the establishment plan of all the agencies and any subsequent amendment thereto in accordance with Article 24.

The approved establishment plan shall be published in an annex to Section III — Commission — of the general budget of the European Union together with an estimate of the number of contract staff planned and provisionally budgeted for the financial year concerned.










Amendment 14





ARTICLE 1, POINT 6E (new)


Article 23, point 1 (b) (Regulation (EC) No 1653/2004)





 










(6e)





In Article 23(1), point (b) is replaced by the following:








(b)




the revenue for the preceding financial year and the revenue for year N-2

, including assigned revenue
;












Amendment 15





ARTICLE 1, POINT 6F (new)


Article 24, paragraph 1, subparagraph 1 (Regulation (EC) No 1653/2004)





 










(6f)





In Article 24(1), the first subparagraph is replaced by the following:


1.   The establishment plan referred to in Article 21 shall show next to the number of posts authorised for the financial year, the number authorised for the preceding year and the number of posts actually filled

, as well as the number of contract staff and national experts. By analogy, the well-founded estimate of the number of contract staff planned and provisionally budgeted for the financial year referred to in Article 21 shall also include the number of contract staff estimated for the preceding year and the number of staff actually employed.




The establishment plan

shall constitute an absolute limit for the agency; no appointment may be made in excess of the limit set.









Amendment 16





ARTICLE 1, POINT 8


Article 27, paragraph 1 (Regulation (EC) No 1653/2004)











1.


All financial actors within the meaning of Chapter 2 of this Title and any other person involved in budget implementation, management, audit or control shall be prohibited from taking any measures 
of budget implementation
 which may bring their own interests into conflict with those of the agency or of the Communities. Should such a case arise, the person in question must refrain from such measures and refer the matter to his/her superior. The director must refer it to the management board.












1.


All financial actors within the meaning of Chapter 2 of this Title and any other person involved in budget implementation, management, audit or control shall be prohibited from taking any measures which may bring their own interests into conflict with those of the agency or of the Communities. 
The provisions of the Financial Regulation applicable to the general budget of the European Union, and of the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities, shall apply mutatis mutandis.
 Should such a case arise, the person in question must refrain from such measures and refer the matter to his/her superior. The director must refer it to the management board.








Amendment 17





ARTICLE 1, POINT 8A (new)


Article 29, paragraph 2 (Regulation (EC) No 1653/2004)





 










(8a)





In Article 29, the second paragraph is replaced by the following:


The authorising officer shall put in place, in compliance with the minimum standards adopted by the Commission for its own departments and having due regard to the specific risks associated with his/her management environment

and the nature of the action financed,

the organisational structure and the internal management and control procedures suited to the performance of his/her duties, including where appropriate ex post verifications.









Amendment 18





ARTICLE 1, POINT 9A (new)


Article 29, paragraph 5 (Regulation (EC) No 1653/2004)





 










(9a)





In Article 29, the fifth paragraph is replaced by the following:



In accordance with Article 9(7) of Regulation (EC) No 58/2003, the authorising officer shall submit to the Steering Committee by 15 March of each financial year an annual report of his activities. In that report the authorising officer shall confirm, in a declaration of assurance signed by him, that the information contained in the annual report presents a true and fair view of the situation within the executive agency, except as otherwise specified in any reservations.










Amendment 19





ARTICLE 1, POINT 10


Article 30, introductory part (Regulation (EC) No 1653/2004)





The management board shall appoint an accounting officer, who shall be a seconded official 
or a member of the temporary staff directly recruited by the agency
 and who shall be responsible for the following:


The management board shall appoint an accounting officer, who shall be a seconded official and who shall be responsible for the following:




Amendment 20





ARTICLE 1, POINT 10


Article 30, paragraph 2 (Regulation (EC) No 1653/2004)





Before the approval of the accounts by the management board, the accounting officer shall sign them off, thereby certifying that he/she has a reasonable assurance that the accounts present a true and fair view of the financial situation of the agency.


Before the approval of the accounts by the management board, the accounting officer shall sign them off, thereby certifying 
in a declaration of assurance
 that he/she has a reasonable assurance that the accounts present a true and fair view of the financial situation of the agency.




Amendment 21





ARTICLE 1, POINT 12A (new)


Article 35, paragraph 1, subparagraph 2 (Regulation (EC) No 1653/2004)





 










(12a)





In Article 35(1), the second subparagraph is replaced by the following:


On the basis of the opinion of this panel, the director shall decide whether to initiate disciplinary proceedings or proceedings for the payment of compensation. If the panel detects systemic problems, it shall send a report with recommendations to the authorising officer and to the Commission's internal auditor. If the opinion implicates the director, the panel shall send it to the management board and the Commission's internal auditor

. The director's indications on these cases and the explanation of his follow-up decisions shall be added to the agency's report to the budgetary authority on budgetary and financial management.










Amendment 22





ARTICLE 1, POINT 15


Article 42a (Regulation (EC) No 1653/2004)





The accounting officer shall keep a list of amounts due to be recovered, in which entitlements of the agency are grouped according to their date of issue. The list shall be added to the report on budgetary and financial management of the agency. The agency shall establish a list of the entitlements of the agency stating the names of the debtors and the amount of the debt, where the debtor has been ordered to pay by a Court decision that has the force of res judicata and where no or no significant payment has been made for one year following its pronouncement. The list shall be published, taking account of the relevant legislation on data protection.


The accounting officer shall keep a list of amounts due to be recovered, in which entitlements of the agency are grouped according to their date of issue. The list shall be added to the report 
to the budgetary authority
 on budgetary and financial management of the agency. 
It shall specify also any waived or partially waived recovery orders
.




 


The agency shall establish a list of the entitlements of the agency 
relating to the agency's own budget,
 stating the names of the debtors and the amount of the debt, where the debtor has been ordered to pay by a Court decision that has the force of res judicata and where no or no significant payment has been made for one year following its pronouncement. The list shall be published, taking account of the relevant legislation on data protection.




Amendment 23





ARTICLE 1, POINT 16A (new)


Article 48, paragraph 1a (new) (Regulation (EC) No 1653/2004)





 










(16a)






In Article 48, the following paragraph is added
:


In the case of IT-based payment systems, the accounting officer shall validate the security and reliability of such systems.










Amendment 24





ARTICLE 1, POINT 19


Article 50a (Regulation (EC) No 1653/2004)





Article 265a of Regulation (EC, Euratom) No 2342/2002 shall apply mutatis mutandis for the selection of experts, to be paid on the basis of a fixed amount, for assisting the agency, in particular in evaluating proposals and grant applications or tenders for procurement, and for providing technical assistance in the follow-up to, and final evaluation of projects. The agencies may also use the lists of experts drawn up by the Commission.


Article 265a of Regulation (EC, Euratom) No 2342/2002 shall apply mutatis mutandis for the selection of experts, to be paid on the basis of a fixed amount, for assisting the agency, in particular in evaluating proposals and grant applications or tenders for procurement, and for providing technical assistance in the follow-up to, and final evaluation of projects. The agencies may also use the lists of experts drawn up by the Commission. 
A list with the names of the experts who cooperated with the agency during the financial year in question and the remuneration received by these experts shall be attached to the executive agency's report to the budgetary authority on budgetary and financial management, taking due account of the protection of personal data.






Amendment 25





ARTICLE 1, POINT 21A (new)


Article 66, paragraph 1 (Regulation (EC) No 1653/2004)





 










(21a)





In Article 66, the first paragraph is replaced by the following:


The European Parliament, upon a recommendation from the Council, which shall decide by qualified majority, shall give a discharge to the director in respect of the implementation of the administrative budget for year N by no later than 29 April of year N+2

. The director shall inform the management board of the observations of the European Parliament contained in the resolution accompanying the discharge decision.