PURPOSE : to adopt amending budget 7/2005.

LEGISLATIVE ACT : 2006/4/EC, Euratom.

CONTENT : the European Parliament has finally adopted amending budget No 7 of the European Union for the financial year 2005 in accordance with its resolution dated 1 December 2005 (please refer to the summary of the resolution). This amending budget concerns the establishment of the Civil Service Tribunal and its staff.

The European Parliament adopted a resolution drafted by Anne Elisabeth JENSEN (ADLE, DK) taking note of Council's second reading, and confirming its decision taken at first reading. It instructs its President to declare that Amending budget No 6/2005 has been finally adopted.

The committee adopted the report by Anne Elisabeth JENSEN (ADLE, DK) confirming Parliament's first reading amendment, which consisted of creating all posts requested by the Court of Justice in Preliminary draft amending budget No 7/2005 and adjusting the appropriations in Draft amending budget 6/2005 accordingly.

It is recalled that at its plenary session on 25 October 2005, the European Parliament made one amendment to the Draft Amending Budget No 6/2005, and decided to create all posts that had been requested for the Civil Service Tribunal in preliminary draft amending budget (PDAB) No. 7/2005. It therefore adjusted the appropriations in DAB No. 6 accordingly. PDAB No. 7 would therefore become DAB No. 6.

The Council recalled that, in July, when establishing the draft budget for the financial year 2006 it was not able to accept the request for 2 B*3, 2 C*1 and 4 B*3 (temporary) posts for the creation of the Civil Service Tribunal. Therefore, the Council agreed to maintain the Council's position taken in July 2005 by not accepting the creation of these 8 posts in 2005.

It is recalled that at its plenary session on 25 October 2005, the European Parliament made one amendment to the Draft Amending Budget No 6/2005, and decided to create all posts that had been requested for the Civil Service Tribunal in preliminary draft amending budget (PDAB) No. 7/2005. It therefore adjusted the appropriations in DAB No. 6 accordingly. PDAB No. 7 would therefore become DAB No. 6.

The Council recalled that, in July, when establishing the draft budget for the financial year 2006 it was not able to accept the request for 2 B*3, 2 C*1 and 4 B*3 (temporary) posts for the creation of the Civil Service Tribunal. Therefore, the Council agreed to maintain the Council's position taken in July 2005 by not accepting the creation of these 8 posts in 2005.

The European Parliament adopted the report by Anne Elisabeth JENSEN (ADLE, DK) and fully supported the Committee’s position thus approving Draft amending budget No 6/2005 Section IV - Court of Justice - Establishment of the Civil Service Tribunal – as proposed by the Commission. It amended the Council’s draft budget and reinstated the posts requested by the Commission for the establishment of the Civil Service Tribunal:

- 2 permanent B*3 posts,

- 2 permanent C*1 posts, and

- 4 temporary B*3 posts.

It also reinstated the figures contained in the Commission’s preliminary draft budget.

The European Parliament adopted the report by Anne Elisabeth JENSEN (ADLE, DK) and approved Draft amending budget No 6/2005 as amended. (Please refer to the summary of 13/10/2005.)

The European Parliament adopted the report by Anne Elisabeth JENSEN (ADLE, DK) and approved Draft amending budget No 6/2005 as amended. (Please refer to the summary of 13/10/2005.)

The European Parliament adopted the report by Anne Elisabeth JENSEN (ADLE, DK) and fully supported the Committee’s position thus approving Draft amending budget No 6/2005 Section IV - Court of Justice - Establishment of the Civil Service Tribunal – as proposed by the Commission. It amended the Council’s draft budget and reinstated the posts requested by the Commission for the establishment of the Civil Service Tribunal:

- 2 permanent B*3 posts,

- 2 permanent C*1 posts, and

- 4 temporary B*3 posts.

It also reinstated the figures contained in the Commission’s preliminary draft budget.

The committee adopted the report by Anne Elisabeth JENSEN (ADLE, DK) approving Draft Amending Budget (DAB) No. 6/2005. The committee decided to create all posts that had been requested for the Civil Service Tribunal in preliminary draft amending budget (PDAB) No. 7/2005 and to adjust the appropriations in DAB No. 6 accordingly. PDAB No. 7 would therefore become DAB No. 6.

On 6 September 2005, the Commission forwarded to the Council Preliminary Draft Amending budget (PDAB) No 7 for the financial year 2005; it concerns the general statement of revenue and expenditure of Section IV: Court of Justice.

The Commission proposal may be summarised as follows:

- entry of 26 new posts in the establishment plan of Section IV required for the creation of the Civil Service Tribunal, which has been established and set up by the Council decisions 2004/752/EC and 2005/151/EC;

- entry of appropriations in the budget lines in Section IV of the 2005 budget to finance these 26 posts, i.e. EUR 1 598 000, by using funds available in items 1030, 1091 and 1191;

- adjustment of the respective revenue items on the basis of the decisions taken regarding the creation of 26 new posts, i.e. an increase of EUR 206 000.

On 3 October 2005 the Council established draft amending budget No. 6 for the financial year 2005.

The Council recalled that, on 16 July 2005 when establishing the draft budget for the financial year 2006 it was not able to accept the request for 2 B*3, 2 C*1 and 4 B*3 (temporary) posts for the creation of the Civil Service Tribunal.

Therefore, the Council agreed to maintain the Council's position taken in July 2005 by not accepting the creation of these 8 posts in 2005.

The draft amending budget No 6 for the financial year 2005 is established as set out in the Annex.

On 6 September 2005, the Commission forwarded to the Council Preliminary Draft Amending budget (PDAB) No 7 for the financial year 2005; it concerns the general statement of revenue and expenditure of Section IV: Court of Justice.

The Commission proposal may be summarised as follows:

- entry of 26 new posts in the establishment plan of Section IV required for the creation of the Civil Service Tribunal, which has been established and set up by the Council decisions 2004/752/EC and 2005/151/EC;

- entry of appropriations in the budget lines in Section IV of the 2005 budget to finance these 26 posts, i.e. EUR 1 598 000, by using funds available in items 1030, 1091 and 1191;

- adjustment of the respective revenue items on the basis of the decisions taken regarding the creation of 26 new posts, i.e. an increase of EUR 206 000.

On 3 October 2005 the Council established draft amending budget No. 6 for the financial year 2005.

The Council recalled that, on 16 July 2005 when establishing the draft budget for the financial year 2006 it was not able to accept the request for 2 B*3, 2 C*1 and 4 B*3 (temporary) posts for the creation of the Civil Service Tribunal.

Therefore, the Council agreed to maintain the Council's position taken in July 2005 by not accepting the creation of these 8 posts in 2005.

The draft amending budget No 6 for the financial year 2005 is established as set out in the Annex.

PURPOSE: Presentation of the Preliminary Draft Budget for the Financial Year 2005 (Section IV – Court of Justice)

CONTENT: In 2004, the Council established a Civil Service Tribunal, or the ‘CST’, which is made up of seven judges. Requests for the creation of posts and operating appropriations necessary for the setting up of the new Tribunal had been incorporated in the Court of Justice’s preliminary draft budget for 2006. The Tribunal was established on the assumption that it would not take up its duties until the beginning of 2006. When drawing up suitable candidates to work on the Tribunal, the Council appointed seven judges in July 2005 with the intention that they would begin work as of 1 October 2005. Given that the Tribunal will begin work three months earlier than foreseen a request must now be made to amend the 2005 budget.

Thus the purpose of this amendment is to first and foremost allow for the creation of 26 new posts deemed necessary for the proper functioning of the CST. The 26 posts being created includes staff for the Judges, such as a legal secretary, an assistant attached to each Judge, a reader of judgments and an assistant to work in the President’s cabinet. It also includes staff directly attached to the Registry. The posts in question refer only to staff working directly with the Judges and staff for the registry. (Specifically speaking that translates into 16 temporary staff, employed at grade 2 A*14, 2 A*12, 3 A*11, 1 A*10, 1 B*5 et 7 B*3 and 10 permanent staff employed at grade 1 A*5, 5 B*3 et 4 C*1). For the rest, the CST is expected to use the various services of the Court of Justice – as in interpreters, translators etc.

Concerning the question of appropriations, the amending draft budget covers the wages for the seven new Judges of the Tribunal, its Registrar and the 26 new posts outlined above. The appropriations required for that purpose are entered under various headings in Chapters 10 and 11.

It should be noted that no extra burden will be placed on the Community budget given that any new provisions must be ‘self-financed’ by using the funds available in the two Chapters concerned. Funds have become available, thanks in part, to the lower costs for retirement pensions and expenditure provided for in respect of the renewal of the members and because new posts have been filled less swiftly than had previously been provided for.

Finally, from October 2005 until the end of the year, the Court’s administration plans to secure the functioning of the Tribunal by using the budgetary resources available. As such, the budgetary authority has already been informed in connection with the budgetary procedure for 2006 that the CST will not be renting its new accommodation until January 2006. That is why the amending budget contains no request for appropriations to reinforce Title II of the budget.

PURPOSE: Presentation of the Preliminary Draft Budget for the Financial Year 2005 (Section IV – Court of Justice)

CONTENT: In 2004, the Council established a Civil Service Tribunal, or the ‘CST’, which is made up of seven judges. Requests for the creation of posts and operating appropriations necessary for the setting up of the new Tribunal had been incorporated in the Court of Justice’s preliminary draft budget for 2006. The Tribunal was established on the assumption that it would not take up its duties until the beginning of 2006. When drawing up suitable candidates to work on the Tribunal, the Council appointed seven judges in July 2005 with the intention that they would begin work as of 1 October 2005. Given that the Tribunal will begin work three months earlier than foreseen a request must now be made to amend the 2005 budget.

Thus the purpose of this amendment is to first and foremost allow for the creation of 26 new posts deemed necessary for the proper functioning of the CST. The 26 posts being created includes staff for the Judges, such as a legal secretary, an assistant attached to each Judge, a reader of judgments and an assistant to work in the President’s cabinet. It also includes staff directly attached to the Registry. The posts in question refer only to staff working directly with the Judges and staff for the registry. (Specifically speaking that translates into 16 temporary staff, employed at grade 2 A*14, 2 A*12, 3 A*11, 1 A*10, 1 B*5 et 7 B*3 and 10 permanent staff employed at grade 1 A*5, 5 B*3 et 4 C*1). For the rest, the CST is expected to use the various services of the Court of Justice – as in interpreters, translators etc.

Concerning the question of appropriations, the amending draft budget covers the wages for the seven new Judges of the Tribunal, its Registrar and the 26 new posts outlined above. The appropriations required for that purpose are entered under various headings in Chapters 10 and 11.

It should be noted that no extra burden will be placed on the Community budget given that any new provisions must be ‘self-financed’ by using the funds available in the two Chapters concerned. Funds have become available, thanks in part, to the lower costs for retirement pensions and expenditure provided for in respect of the renewal of the members and because new posts have been filled less swiftly than had previously been provided for.

Finally, from October 2005 until the end of the year, the Court’s administration plans to secure the functioning of the Tribunal by using the budgetary resources available. As such, the budgetary authority has already been informed in connection with the budgetary procedure for 2006 that the CST will not be renting its new accommodation until January 2006. That is why the amending budget contains no request for appropriations to reinforce Title II of the budget.