natgillin/translations-raw huggingface dataset:
Directorul informează comitetul director cu privire la observațiile Parlamentului, care sunt incluse în rezoluția care însoțește decizia de descărcare de gestiune.”
The director shall inform the management board of the observations of the European Parliament contained in the resolution accompanying the discharge decision."
I. Legal bases and definition of ‘executive agency’
I. Legal bases and definition of ‘executive agency’
The Commission delegates a number of tasks relating to the administration of Community programmes to Executive Agencies (hereinafter: EAs).
The Commission delegates a number of tasks relating to the administration of Community programmes to Executive Agencies (hereinafter: EAs).
OJ L 248, 16.9.
OJ L 248, 16.9.
Regulation as last amended by Regulation (ES) 1525/2007 (OJ L 343, 27.12.2007, p.
Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p.
9). permits the delegation to third parties of public authority tasks in principle under certain conditions, and defines an EA as follows: ‘The executive agencies shall be legal persons under Community law created by Community decision to which powers can be delegated to implement all or part of a Community programme or project on behalf of the Commission and under its responsibility’.
9). permits the delegation to third parties of public authority tasks in principle under certain conditions, and defines an EA as follows: ‘The executive agencies shall be legal persons under Community law created by Community decision to which powers can be delegated to implement all or part of a Community programme or project on behalf of the Commission and under its responsibility’.
1. of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes provides further details on the conditions under which EAs may operate.
1. of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes provides further details on the conditions under which EAs may operate.
Article 15 of this Regulation states that the Commission must adopt a ‘standard financial regulation’ for EAs.
Article 15 of this Regulation states that the Commission must adopt a ‘standard financial regulation’ for EAs.
It expressly stipulates that this may deviate from the Financial Regulation applicable to the general budget of the European Communities (see above) only if the specific operating requirements of the executive agencies so require .
It expressly stipulates that this may deviate from the Financial Regulation applicable to the general budget of the European Communities (see above) only if the specific operating requirements of the executive agencies so require .
It is this standard financial regulation for EAs which is the subject of this report, since the Commission wishes to amend it on the grounds that:
It is this standard financial regulation for EAs which is the subject of this report, since the Commission wishes to amend it on the grounds that:
· it needs to be adapted to the amended provisions of the EU Financial Regulation,
· it needs to be adapted to the amended provisions of the EU Financial Regulation,
· other amendments have become necessary in the light of experience gathered by the existing executive agencies,
· other amendments have become necessary in the light of experience gathered by the existing executive agencies,
· the publication of the administrative budget of agencies should be simplified while preserving the prerogatives of the budgetary authority and the Court of Auditors,
· the publication of the administrative budget of agencies should be simplified while preserving the prerogatives of the budgetary authority and the Court of Auditors,
· the procedure regarding transfers to be adopted by the directors of agencies has proved to be ‘unclear and time consuming’ and should therefore be ‘streamlined and accelerated’.
· the procedure regarding transfers to be adopted by the directors of agencies has proved to be ‘unclear and time consuming’ and should therefore be ‘streamlined and accelerated’.
Background to the creation of the Executive Agencies
Background to the creation of the Executive Agencies
The EAs were intended to be a substitute for the Commission’s highly controversial Technical Assistance Offices (TAOs/BATs) following the scandals in 1999.
The EAs were intended to be a substitute for the Commission’s highly controversial Technical Assistance Offices (TAOs/BATs) following the scandals in 1999.
They are set up and wound up by a simple decision of the Commission (Article 3 of Regulation 58/2003).
They are set up and wound up by a simple decision of the Commission (Article 3 of Regulation 58/2003).
They are also governed by a code of conduct, which is appended to the European Parliament resolution on the second reading of the 2008 budget (Annex III)
They are also governed by a code of conduct, which is appended to the European Parliament resolution on the second reading of the 2008 budget (Annex III)
It is also interesting to note that under Article 3(4) of Regulation 58/2003 the Commission, when adopting the legal basis of a Community programme, is to inform the European Parliament of whether it intends to set up an executive agency to implement the programme.
It is also interesting to note that under Article 3(4) of Regulation 58/2003 the Commission, when adopting the legal basis of a Community programme, is to inform the European Parliament of whether it intends to set up an executive agency to implement the programme.
EAs are financed out of a programme’s operational funding.
EAs are financed out of a programme’s operational funding.
They have their own budget lines, but the appropriations for these lines are drawn entirely from the budget for the programmes.
They have their own budget lines, but the appropriations for these lines are drawn entirely from the budget for the programmes.
In other words, the cost of an executive agency (salaries, ancillary costs, etc.) reduces by a corresponding amount the operational funding available to ‘its’ programme.
In other words, the cost of an executive agency (salaries, ancillary costs, etc.) reduces by a corresponding amount the operational funding available to ‘its’ programme.
Working Document N° 2 on the European Union and its agencies - Executive agencies - first reflections and future prospects – Rapporteur:: Jutta Haug.
Working Document N° 2 on the European Union and its agencies - Executive agencies - first reflections and future prospects – Rapporteur: Jutta Haug.
PE 388.322v01-00, p.
PE 388.322v01-00, p.
This also means that, although their operation is de facto administrative expenditure, agencies are not financed under Heading 5 of the Multi-annual Financial Framework (MFF), but are formally considered operational expenditure.
This also means that, although their operation is de facto administrative expenditure, agencies are not financed under Heading 5 of the Multi-annual Financial Framework (MFF), but are formally considered operational expenditure.
Even the salaries of those staff members of the executive agency who are seconded officials from the Commission's parent DG are thus financed from the operational programme funds under the relevant heading of the MFF and not under Heading 5.
Even the salaries of those staff members of the executive agency who are seconded officials from the Commission's parent DG are thus financed from the operational programme funds under the relevant heading of the MFF and not under Heading 5.
Existing Executive Agencies
Existing Executive Agencies
There are currently four EAs:
There are currently four EAs:
– Executive Agency for Intelligent Energy (hereinafter "CIP-EA");
– Executive Agency for Intelligent Energy (hereinafter "CIP-EA");
– Education, Audiovisual and Culture Executive Agency (EACEA);
– Education, Audiovisual and Culture Executive Agency (EACEA);
A further EA, for the European Research Council, is due to be created from 2009 to implement parts of the 7 th Research Framework Programme (‘Ideas’ Section), together with a ‘Research EA’ to implement the ‘Research for SMEs’, ‘Marie Curie actions’ and ‘Security and Space’ themes.
A further EA, for the European Research Council, is due to be created from 2009 to implement parts of the 7 th Research Framework Programme (‘Ideas’ Section), together with a ‘Research EA’ to implement the ‘Research for SMEs’, ‘Marie Curie actions’ and ‘Security and Space’ themes.
In Annex I your rapporteur has compiled a table showing which programmes are administered by the EA in question and what percentage of operational funds are used for the operation of the EA, and giving a breakdown of the staff of each EA into officials, contract staff, and temporary staff (on the basis of a document of May 2007 supplied to Parliament by the Commission).
In Annex I your rapporteur has compiled a table showing which programmes are administered by the EA in question and what percentage of operational funds are used for the operation of the EA, and giving a breakdown of the staff of each EA into officials, contract staff, and temporary staff (on the basis of a document of May 2007 supplied to Parliament by the Commission).
While the Commission’s proposed amendments to the standard financial regulation are accepted in principle, further amendments are needed in order to align the text of the standard financial regulation still more closely with the guidelines of the EU Financial Regulation, which take precedence: the two texts may diverge only if the specific operating requirements of the executive agencies so require .
While the Commission’s proposed amendments to the standard financial regulation are accepted in principle, further amendments are needed in order to align the text of the standard financial regulation still more closely with the guidelines of the EU Financial Regulation, which take precedence: the two texts may diverge only if the specific operating requirements of the executive agencies so require .
Some of the amendments seek to bring the text of this standard financial regulation into line with the Joint Statements of the July conciliation with the Council under the headings ‘Assigned Revenues’ and ‘Executive Agencies’. (see Annex II).
Some of the amendments seek to bring the text of this standard financial regulation into line with the Joint Statements of the July conciliation with the Council under the headings ‘Assigned Revenues’ and ‘Executive Agencies’. (see Annex II).
Others aim to create a better insight for the budgetary authority into the actual numbers of staff employed by the EAs, whether they be contract or temporary staff or seconded national experts.
Others aim to create a better insight for the budgetary authority into the actual numbers of staff employed by the EAs, whether they be contract or temporary staff or seconded national experts.
In a general way, improvements are needed as regards the EAs’ reporting requirement to the budgetary authority, and amendments to this effect have also been tabled.
In a general way, improvements are needed as regards the EAs’ reporting requirement to the budgetary authority, and amendments to this effect have also been tabled.
Existing and proposed Executive Agencies – Staffing , programmes administered and percentage of operational / administrative funds
Existing and proposed Executive Agencies – Staffing , programmes administered and percentage of operational / administrative funds
Programme administered
Programme administered
of whom tempor ary
of whom tempor ary
Percentage of operational programme spent on EA
Percentage of operational programme spent on EA
IEEA (Executive Agency for Intelligent Energy (hereinafter "CIP EA")
IEEA (Executive Agency for Intelligent Energy (hereinafter "CIP EA")
"Intelligent Energy Europe", "CIP", "Marco Polo I & II"
"Intelligent Energy Europe", "CIP", "Marco Polo I & II"
"Lifelong learning", "Culture 2007", "Youth in Action", "Europe for Citizens", "EC/US-Cooperation", "MEDIA 2007", "Erasmus Mundus and external cooperation", "Eurydice", "TEMPUS"
"Lifelong learning", "Culture 2007", "Youth in Action", "Europe for Citizens", "EC/US-Cooperation", "MEDIA 2007", "Erasmus Mundus and external cooperation", "Eurydice", "TEMPUS"
PHEA (Public Health EA)
PHEA (Public Health EA)
"Health and Consumer Protection"; "Better Training for safer food programme"
"Health and Consumer Protection"; "Better Training for safer food programme"
TENT (EA for Trans-European Networks -Transport)
TENT (EA for Trans-European Networks -Transport)
figures not available
figures not available
ERA EA Research EA.
ERA EA Research EA.
scheduled for 2009
scheduled for 2009
Revised working arrangements on Executive Agencies
Revised working arrangements on Executive Agencies
P6_TA(2007)0616 of 13 December 2007.
P6_TA(2007)0616 of 13 December 2007.
In accordance with article 3(4) of Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes and with article 54 (2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities, the Commission shall state its intention to set-up an executive agency in the explanatory memorandum of its proposal for a legal act of the programme itself.
In accordance with article 3(4) of Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes and with article 54 (2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities, the Commission shall state its intention to set-up an executive agency in the explanatory memorandum of its proposal for a legal act of the programme itself.
The Commission shall decide on the establishment of a new, or the modification of scope and competences of an existing, Executive Agency on the basis of its assessment of the criteria laid down in Article 3 of Council Regulation (EC) No 58/2003.
The Commission shall decide on the establishment of a new, or the modification of scope and competences of an existing, Executive Agency on the basis of its assessment of the criteria laid down in Article 3 of Council Regulation (EC) No 58/2003.
The creation of executive agencies can constitute a contribution to the efficiency of the methods used by the Commission to implement EU policies and programmes, but only if this method fully respects the principle of sound financial management and total transparency.
The creation of executive agencies can constitute a contribution to the efficiency of the methods used by the Commission to implement EU policies and programmes, but only if this method fully respects the principle of sound financial management and total transparency.
This means that such executive agencies must not, either now or in the future, lead to an increase in the share of administrative cost.
This means that such executive agencies must not, either now or in the future, lead to an increase in the share of administrative cost.
The Commission shall submit complete and detailed information on staffing levels and their utilisation to enable the budgetary authority to assess whether the share of administrative cost for implementing a programme has indeed not been increased.
The Commission shall submit complete and detailed information on staffing levels and their utilisation to enable the budgetary authority to assess whether the share of administrative cost for implementing a programme has indeed not been increased.
Any proposal for the creation of a new Executive Agency should be based on a comprehensive cost-benefit analysis.
Any proposal for the creation of a new Executive Agency should be based on a comprehensive cost-benefit analysis.
The budgetary authority shall be informed of the results of the cost-benefit analysis and related cost at least six weeks before the Commission takes the final decision to set up the Executive Agency.
The budgetary authority shall be informed of the results of the cost-benefit analysis and related cost at least six weeks before the Commission takes the final decision to set up the Executive Agency.
In the event of duly justified reasons being raised within this period by either branch of the budgetary authority to the setting up of the Executive Agency, the Commission will review its proposal.
In the event of duly justified reasons being raised within this period by either branch of the budgetary authority to the setting up of the Executive Agency, the Commission will review its proposal.
When the Commission contemplates setting up a new, or modifying scope and competences of an existing, Executive Agency, it informs the budgetary authority in accordance with the budgetary procedure and respecting the principle of transparency.
When the Commission contemplates setting up a new, or modifying scope and competences of an existing, Executive Agency, it informs the budgetary authority in accordance with the budgetary procedure and respecting the principle of transparency.
There should be a specific financial statement for the Executive Agency.
There should be a specific financial statement for the Executive Agency.
It should include quantified elements where the Commission justifies the reasons why it considers appropriate to set up an Agency to assist it in the implementation of the programme concerned.
It should include quantified elements where the Commission justifies the reasons why it considers appropriate to set up an Agency to assist it in the implementation of the programme concerned.
The budgetary authority must be in possession of all the requisite information enabling it to monitor closely the implementation of the principle of sound financial management and total transparency both currently and in the future.
The budgetary authority must be in possession of all the requisite information enabling it to monitor closely the implementation of the principle of sound financial management and total transparency both currently and in the future.
a. the resources in terms of appropriations and staff required to run the Executive Agency, showing a breakdown of staff expenditure (seconded officials, temporary staff recruited directly by the Executive Agency and contractual staff) and other administrative expenditure;
a. the resources in terms of appropriations and staff required to run the Executive Agency, showing a breakdown of staff expenditure (seconded officials, temporary staff recruited directly by the Executive Agency and contractual staff) and other administrative expenditure;
b. the planned secondments of officials from the Commission to the Executive Agency;
b. the planned secondments of officials from the Commission to the Executive Agency;
c. administrative resources freed by transferring tasks from the Commission departments to the executive agency, and the re-allocation of the human resources; in particular the number of staff (including external staff) assigned to each relevant task within the Commission, the number of this staff to be transferred to a proposed new or enlarged Executive Agency, the number of Commission posts to be frozen as a consequence and the number of Commission staff to be proposed to be redeployed to other tasks;
c. administrative resources freed by transferring tasks from the Commission departments to the executive agency, and the re-allocation of the human resources; in particular the number of staff (including external staff) assigned to each relevant task within the Commission, the number of this staff to be transferred to a proposed new or enlarged Executive Agency, the number of Commission posts to be frozen as a consequence and the number of Commission staff to be proposed to be redeployed to other tasks;
e. the impact of the creation of the Agency under the relevant headings of the multiannual financial framework;
e. the impact of the creation of the Agency under the relevant headings of the multiannual financial framework;
f. the advantages of delegating implementing tasks to an Executive Agency versus direct management by the Commission services: any comparison of a "Direct management by the Commission services"-scenario to an "Executive Agency"-scenario shall be based on the resources used to implement the existing programme(s) in its (their) current form in order to have a sound and factual basis for comparison; for new and expanding programmes the evolution of the related financial envelope to be managed by the Executive Agency will also be taken into consideration;
f. the advantages of delegating implementing tasks to an Executive Agency versus direct management by the Commission services: any comparison of a "Direct management by the Commission services"-scenario to an "Executive Agency"-scenario shall be based on the resources used to implement the existing programme(s) in its (their) current form in order to have a sound and factual basis for comparison; for new and expanding programmes the evolution of the related financial envelope to be managed by the Executive Agency will also be taken into consideration;
g. a draft establishment plan per grade and per category as well as a well-founded estimate of the number of contractual staff planned and provisionally budgeted;
g. a draft establishment plan per grade and per category as well as a well-founded estimate of the number of contractual staff planned and provisionally budgeted;
h. a clear breakdown of all actors involved in the implementation of the programme including the remaining share of the operational programme envelope for the implementation of which they are responsible (Commission, Executive Agencies, remaining Technical Assistance Offices, Member States, national agencies, etc.);
h. a clear breakdown of all actors involved in the implementation of the programme including the remaining share of the operational programme envelope for the implementation of which they are responsible (Commission, Executive Agencies, remaining Technical Assistance Offices, Member States, national agencies, etc.);
i. a clear breakdown of the total overall cost of implementing the Community programme indicating the share per actor involved (Commission, Executive Agencies, national agencies) and a comparison of the estimates of all administrative, staff and infrastructure expenditure linked to the implementation of the programme in question and charged to the EU budget, regardless of which heading of the financial framework, with the remaining share of the operational programme envelope.
i. a clear breakdown of the total overall cost of implementing the Community programme indicating the share per actor involved (Commission, Executive Agencies, national agencies) and a comparison of the estimates of all administrative, staff and infrastructure expenditure linked to the implementation of the programme in question and charged to the EU budget, regardless of which heading of the financial framework, with the remaining share of the operational programme envelope.
The global administrative cost of the programme including internal and management expenditure for the Executive Agency (chapter 01) should be examined case by case and according to the tasks provided for in the programme concerned.
The global administrative cost of the programme including internal and management expenditure for the Executive Agency (chapter 01) should be examined case by case and according to the tasks provided for in the programme concerned.
The Commission proposes, as part of the annual budget procedure, the annual subsidy to the Agency's operating budget.
The Commission proposes, as part of the annual budget procedure, the annual subsidy to the Agency's operating budget.
This subsidy is entered in the general budget of the European Union.
This subsidy is entered in the general budget of the European Union.