A6-0094/2008)

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Session document

A6-94/2008

1.4.2008

REPORT

on discharge in respect of the implementation of the European Union general budget for the financial year 2006 (C6-0370/2007 – 2007/2044(DEC))

Section IX – European Data Protection Supervisor

Committee on Budgetary Control

Rapporteur: Nils Lundgren

RR\400410EN.doc PE400.410v02-00 EN EN PR_DEC_Other

CONTENTS

Page

1. PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION...... 3

2. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION ...... 4

RESULT OF FINAL VOTE IN COMMITTEE ...... 6

PE400.410v02-00 2/6 RR\400410EN.doc EN 1. PROPOSAL FOR A EUROPEAN PARLIAMENT DECISION on discharge in respect of the implementation of the European Union general budget for the financial year 2006, Section IX – European Data Protection Supervisor (C6-0370/2007 – 2007/2044(DEC))

The European Parliament,

– having regard to the European Union general budget for the financial year 20061,

– having regard to the final annual accounts of the European Communities for the financial year 2006 – Volume I (C6-0370/2007)2,

– having regard to the European Data Protection Supervisor's annual report to the discharge authority on internal audits carried out in 2006,

– having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2006and the Court of Auditors' special reports, together with the audited institutions' replies3,

– 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 Treaty4,

– having regard to Articles 272(10), 274, 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 Communities5, and in particular Articles 50, 86, 145, 146 and 147 thereof,

– 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 (A6-0094/2008),

1. Grants the European Data Protection Supervisor discharge in respect of the implementation of its budget for the financial year 2006;

2. Sets out its observations in the resolution below;

3. Instructs its President to forward this decision and the resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

1 OJ L 78, 15.3.2006. 2 OJ C 274, 15.11.2007, p. 1. 3 OJ C 273, 15.11.2007, p. 1. 4 OJ C 274, 15.11.2007, p. 130. 5 OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343,

RR\400410EN.doc 3/6 PE400.410v02-00 EN 2. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

with observations forming an integral part of the decision on the discharge in respect of the implementation of the European Union general budget for the financial year 2006, Section IX – European Data Protection Supervisor (C6-0370/2007 – 2007/2044(DEC))

The European Parliament,

– having regard to the European Union general budget for the financial year 20061,

– having regard to the final annual accounts of the European Communities for the financial year 2006 – Volume I (C6-0370/2007)2,

– having regard to the European Data Protection Supervisor's annual report to the discharge authority on internal audits carried out in 2006,

– having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,

– 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 (A6-0094/2008),

1. Notes that in 2006 the European Data Protection Supervisor (EDPS) had available commitment appropriations amounting to a total of EUR 4 138 378 (2005: EUR 2 840 733), with a utilisation rate of 93,3%;

2. Notes that the audit of the EDPS by the European Court of Auditors did not give rise to any material observations as regards the EDPS; notes that, following the introduction of accrual accounting with effect from 1 January 2005, the EDPS' 2006 financial statements

27.12.2007, p. 9). 1 OJ L 78, 15.3.2006. 2 OJ C 274, 15.11.2007, p. 1. 3 OJ C 273, 15.11.2007, p. 1. 4 OJ C 274, 15.11.2007, p. 130. 5 OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

PE400.410v02-00 4/6 RR\400410EN.doc EN disclose a negative economic out-turn for the year (EUR 1 402 513) and identical totals of assets and liabilities (EUR 23 517);

3. Notes that on 7 December 2006 the administrative cooperation agreement between the Secretaries-General of the Commission, Parliament and the Council, signed together with the EDPS, was renewed for a further period of 3 years with effect from 16 January 2007;

4. Notes that, based on the above-mentioned cooperation agreement, the administrative handling of all EDPS missions is ensured by the Paymaster's Office of the Commission and the same internal rules apply to the reimbursement of accommodation costs incurred on mission for its two categories, its two Members and staff;

5. Notes with satisfaction that the processes of ex post prior checking and issuing final opinions by the EDPS have well advanced and that the deadline of spring 2007 imposed by the EDPS has triggered institutions and bodies to increase their efforts to fulfil their notification obligation;

6. Notes that by decision of 7 November 2006 the EDPS decided to set up an internal control structure appropriate to its activities and requirements;

7. Welcomes the publication by the EDPS and the Assistant EDPS, every year, of a declaration of their financial interests, in a form similar to that filled in annually by Members of the European Parliament, containing relevant information on such things as declarable professional activities and remunerated posts or activities;

8. Congratulates the EDPS on its decision of 12 September 2007 to accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council and the Commission concerning internal investigations by the European Anti- Fraud Office (OLAF)1 in applying the system set up by Regulation 1073/19992.

1 OJ L 136, 31.5.1999, p. 15. 2 Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 1).

RR\400410EN.doc 5/6 PE400.410v02-00 EN RESULT OF FINAL VOTE IN COMMITTEE

Date adopted 26.3.2008

Result of final vote +: 29 –: 2 0: 1 Members present for the final vote Jean-Pierre Audy, Herbert Bösch, Costas Botopoulos, Paulo Casaca, Jorgo Chatzimarkakis, Antonio De Blasio, Petr Duchoň, James Elles, Szabolcs Fazakas, Markus Ferber, Christofer Fjellner, Lutz Goepel, Ingeborg Gräßle, Umberto Guidoni, Dan Jørgensen, Rodi Kratsa- Tsagaropoulou, Nils Lundgren, Marusya Ivanova Lyubcheva, Ashley Mote, Jan Mulder, Bill Newton Dunn, Bart Staes, Søren Bo Søndergaard, Jeffrey Titford, Paul van Buitenen, Kyösti Virrankoski Substitute(s) present for the final vote Salvador Garriga Polledo, Dumitru Oprea, Gabriele Stauner, Ralf Walter Substitute(s) under Rule 178(2) present Pilar Ayuso, Albert Deß, Markus Pieper for the final vote

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