Source: EURLEX
Language: en
Format: md

8.8.2001 EN Official Journal of the European Communities C 223/97

**Tuesday 14 November 2000**

**European Parliament legislative resolution on the initiative of the Portuguese Republic, the French**
**Republic, the Kingdom of Sweden and the Kingdom of Belgium with a view to adopting a Council**
**decision setting up a Provisional Judicial Cooperation Unit (10356/2000 �C5-0395/2000 �2000/**
**0816(CNS))**

(Consultation procedure)

_The European Parliament,_

�
having regard to the initiative of the Portuguese Republic, the French Republic, the Kingdom of Sweden and the Kingdom of Belgium (10356/2000) ( [1] ),

�
having regard to Article 34(2)(c) of the EU Treaty,

�
having been consulted by the Council pursuant to Article 39(1) of the EU Treaty (C5-0395/2000),

�
having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the proposed legal basis,

�
whereas the legal basis proposed is inadequate, and reference should also be made to Article 29 of the
EU Treaty,

�
having regard to Rules 106 and 67 of its Rules of Procedure,

�
having regard to the report of the Committee on Citizens’ Freedoms and Rights, Justice and Home
Affairs (A5-0317/2000),

1. Approves the initiative of the Portuguese Republic, the French Republic, the Kingdom of Sweden and
the Kingdom of Belgium, subject to Parliament’s amendments;

2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3. Asks to be consulted again should the Council intend to make substantial amendments to the initiative of the Portuguese Republic, the French Republic, the Kingdom of Sweden, and the Kingdom of Belgium;

4. Instructs its President to forward this opinion to the Council, the Commission and the governments
of the Portuguese Republic, the French Republic, the Kingdom of Sweden and the Kingdom of Belgium.

( [1] ) OJ C 243, 24.8.2000, p. 21.

**8.** **FAIR Programme**

**A5-0310/2000**

**European Parliament resolution on Court of Auditors Special Report No 9/99 concerning research**
**activities in the field of agriculture and fisheries (FAIR Programme �Fisheries, Agriculture and**
**Agro-Industrial Research), together with the Commission’s replies (C5-0227/2000 �2000/**
**2133(COS))**

_The European Parliament,_

�
having regard to the Court of Auditors Special Report (C5-0227/2000) ( [1] ),

�
having regard to Article 276 of the EC Treaty,

( [1] ) OJ C 92, 30.3.2000.

C 223/98 Official Journal of the European Communities EN 8.8.2001

**Tuesday 14 November 2000**

�
having regard to Rule 47(1) of its Rules of Procedure,

�
having regard to the measures taken in the meantime by the Commission to improve the management
of FAIR,

�
having regard to the report of the Committee on Budgetary Control and the opinion of the Committee
on Fisheries (A5-0310/2000),

A. alarmed by the findings of the Court of Auditors’ investigation, which show that despite the efforts
made in recent years the Commission departments in charge of FAIR do not have full control of
expenditure,

B. whereas the Commission was faced with a very difficult task in the case of the Fourth Framework
Programme, as the Council adopted the programme too late,

C. whereas the FAIR projects are seen as extremely useful by expert committees, scientists, the fisheries
sector, the agricultural sector and the agro-industrial sector,

D. taking note of the assurance by the Commission that it has just completed a five-year assessment
exercise and that the reports will be transmitted to the European Parliament and its competent committees,

1. Notes that the Commission and the Court of Auditors have taken too long to complete the procedure relating to the control of FAIR (monitoring, contradictory procedure and publications);

2. Calls therefore on the Commission and the Court of Auditors to draft proposals for dealing with the
controls and the associated procedures more rapidly;

3. Takes the view that the Commission should use assessments of programmes that have been implemented as a key element in preparations for new research programmes;

4. Urges the Commission to ensure that the annual monitoring exercise by independent external
experts, which was carried out in 1995, 1996, 1997 and 1998 and which, in view of the criticism by
the Court of Auditors, was not sufficiently or not adequately followed by the necessary follow-up measures, will be replaced by better controls (internal and/or external) and adequately followed by reactions
improving the financial management of FAIR;

5. Takes the view that the coordination and management of measures by three Directorates-General,
including coordination of IT policy, means that a decision must always be taken on who is ultimately
responsible for implementation;

6. Shares the Commission’s view that the joint responsibility for the implementation of the projects
comes very close to the joint financial responsibility called for by the Court of Auditors but nevertheless
asks the Commission to take into account the remarks by the Court of Auditors on joint financial responsibility and add these to the standard agreements for extra security;

7. Is very concerned by the remarks on flat rates for overheads and urges the Commission to reduce the
flat rates as much as possible and to work constantly on improving the definitions;

8. Takes note of the remarks by the Commission that, in future, stronger sanctions will be applied;

9. Takes note that the amount of € 3,4 million still remains to be recovered, asks the Commission to
investigate whether more cases than those found by the Court of Auditors (in its small sample) can be
found and insists that the Commission try to recover the full sums as soon as possible;

10. Urges the Commission to set up a register in which all contracting parties of the Commission will
be registered in order to prevent double financing;

8.8.2001 EN Official Journal of the European Communities C 223/99

**Tuesday 14 November 2000**

11. Points out also that although the monitoring responsibilities of Commission staff were limited in
the case of interim accounts, this can under no circumstances result in excessive amounts knowingly being
paid, even if it is known that these can be corrected later, and calls on the Commission also to conduct
adequate checks in the case of interim payments;

12. Considers, in connection with the promotion of research policy, that scientific research is an important part of the common fisheries policy which should make it possible to improve forecasting of how best
to manage resources and to adapt catch techniques;

13. Recognises the Commission’s efforts to make the necessary changes in response to the criticisms
made in the Court of Auditors’ special report and to improve management of the FAIR programme;

14. Considers that the measures to improve the management of FAIR, taking account of the observations above and taking further account of the Court of Auditors’ remarks, seem adequate;

15. Consequently, with regard to future developments, holds out high expectations that must not be
disappointed;

16. Instructs its President to forward this resolution to the Council, the Commission and the Court of
Auditors.