BETA


2007/0901(CNS) Executive Agencies: standard financial regulation

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead BUDG GRÄSSLE Ingeborg (icon: PPE-DE PPE-DE)
Committee Opinion CONT HERCZOG Edit (icon: PSE PSE)
Lead committee dossier:

Events

2008/07/10
   Final act published in Official Journal
Details

PURPOSE: to amend 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.

LEGISLATIVE ACT: Commission Regulation (EC) No 651/2008 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.

CONTENT: following the adoption of Council Regulation (EC, Euratom) No 1995/2006 amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, it is necessary to adapt Commission Regulation (EC) No 1653/2004 in order to align it with Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (General Financial Regulation).

Other amendments became necessary in the light of experience gathered by the existing agencies. The amendments introduced by the Council aim to:

clarify that sound financial management requires effective and efficient internal control; simplify the publication of the administrative budget of agencies while preserving the prerogatives of the budgetary authority and of the Court of Auditors; streamline and accelerate the procedure regarding transfers to be adopted by the directors of agencies; introduce into the standard financial regulation clarifications regarding conflict of interest situations, new provisions regarding ex ante verification of similar individual transactions relating to certain routine expenditure items, provisions on the liability of authorising officers and the use of a direct debit system; ensure increase transparency vis-à-vis the budgetary authority through new information requirements incumbent on the agencies in the budget procedure in particular as regards the number of contract staff and waivers to recovery of established amounts receivable; make available information on the beneficiaries of these funds within certain limits necessary to protect legitimate public and private interests; enable agencies to participate in fraud prevention activities of the European Anti-fraud Office; oblige agencies to establish a list of amounts receivable, 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 after its pronouncement. This list should be published, taking into account the legislation applicable to data protection; clarify the accounting officers’ responsibility for certifying the accounts on the basis of the financial information supplied to them by the authorising officers. To this end, the accounting officer should be empowered to check the information received by the authorising officer by delegation and to enter reservations, if necessary; streamline the reporting mechanisms and avoid diffuse information flows, the report of the internal auditor regarding the administrative appropriations of executive agencies should become part of the internal auditor’s report pursuant to Article 86(3) of the general Financial Regulation. For the same reason, the Commission should include the reports established by the agencies in accordance with the fourth paragraph of Article 49 of Regulation (EC) No 1653/2004 in its report pursuant to Article 86(4) of the general Financial Regulation which it forwards to the discharge authority; clarify the conditions for the use, by the agencies, of Commission services and offices, interinstitutional European offices and the Translation Centre for bodies of the European Union established by Council Regulation (EC) No 2965/94 setting up a Translation Centre for bodies of the European Union should be clarified. A provision for the selection of experts, corresponding to the one introduced in the general Financial Regulation, should be inserted; require Community bodies to insert specific contractual clauses in their contracts concluded with third parties enabling them to exercise certain rights, including the suspension and termination of contracts and tender procedures and the establishment of a limitation period; introduce, for reasons of transparency vis-à-vis the budgetary authority, an information procedure for projects with significant impact on the administrative budget of the agency; harmonise the discharge date for the operating budget of the executive agencies with the one for the general budget.

ENTRY INTO FORCE: 30/07/2008.

2008/07/09
   EP/CSL - Act adopted by Council after consultation of Parliament
2008/07/09
   EP - End of procedure in Parliament
2008/05/28
   EC - Commission response to text adopted in plenary
Documents
2008/04/10
   EP - Results of vote in Parliament
2008/04/10
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted, by 583 votes to 16 with 17 abstentions, a legislative resolution amending the draft Commission regulation amending Regulation (EC) N° 1653/2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) N° 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes. The report was tabled for consideration in plenary by Ingeborg GRÄSSLE (EPP-ED, DE), on behalf of the Budgets Committee.

The main amendments – adopted in the framework of the consultation procedure - were as follows:

-a new recital states that, in consideration 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;

-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;

-the Commission shall ensure that the standard financial regulation for EAs deviates from the Financial Regulation applicable to the general budget of the European Communities only if the specific operating requirements of the executive agencies so require;

-the appropriations available at 31 December arising from the assigned revenue shall be carried over automatically. The appropriations available corresponding to assigned revenue carried over must be used first;

-the summary of the budgets and amending budgets shall contain certain prescribed items;

-Members clarified the duty of publication, so that the budgetary authority can gain a genuine overview of the development of the agency’s budget. They ensured that ‘reasons for confidentiality’ are allowed, but that they do not lead to evasion of the fundamental duty of publication;

- 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 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;

-it is stressed that the authorising officer (i.e. the director of the agency) continues to be ultimately responsible; the fact that he has delegated the task does not mean that he has delegated the responsibility;

-the budgetary authority should be enabled to monitor the use of external experts by the executive agencies;

-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.

Documents
2008/04/09
   EP - Debate in Parliament
2008/03/07
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2008/03/07
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2008/02/28
   EP - Vote in committee, 1st reading/single reading
Details

The Committee on Budgets adopted a report drafted by Ingeborg GRÄSSLE (EPP-ED, DE), and made some amendments, in the framework of the consultation procedure to the draft Commission regulation amending Regulation (EC) N° 1653/2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) N° 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes.

The main amendments were as follows:

a new recital states that, in consideration 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; the Commission shall ensure that the standard financial regulation for EAs deviates from the Financial Regulation applicable to the general budget of the European Communities only if the specific operating requirements of the executive agencies so require; the appropriations available at 31 December arising from the assigned revenue shall be carried over automatically. The appropriations available corresponding to assigned revenue carried over must be used first; the summary of the budgets and amending budgets shall contain certain prescribed items; Members clarified the duty of publication, so that the budgetary authority can gain a genuine overview of the development of the agency’s budget. They ensured that ‘reasons for confidentiality’ are allowed, but that they do not lead to evasion of the fundamental duty of publication; it is stressed that the authorising officer (i.e. the director of the agency) continues to be ultimately responsible; the fact that he has delegated the task does not mean that he has delegated the responsibility; the budgetary authority should be enabled to monitor the use of external experts by the executive agencies.

2008/02/27
   EP - Committee opinion
Documents
2008/02/14
   EP - Amendments tabled in committee
Documents
2007/12/18
   EP - Committee draft report
Documents
2007/09/27
   EP - Referral to associated committees announced in Parliament
2007/06/28
   CSL - Council Meeting
2007/06/04
   EP - HERCZOG Edit (PSE) appointed as rapporteur in CONT
2007/05/10
   EP - Committee referral announced in Parliament, 1st reading/single reading
2007/04/25
   EC - Legislative proposal published
Details

PURPOSE: to amend 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.

PROPOSED ACT: Commission Regulation.

CONTENT: following the adoption of Council Regulation (EC, Euratom) No 1995/2006 amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, it is necessary to adapt Commission 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 in order to align it with the Financial Regulation.

Other amendments became necessary in the light of experience gathered by the existing executive agencies:

- it should be clarified that sound financial management requires effective and efficient internal control and that the main features and objectives of internal control systems should be defined;

- 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 in practice and should therefore be streamlined and accelerated;.

- clarification regarding conflict of interest situations, new provisions regarding ex ante verification of similar individual transactions relating to certain routine expenditure items, provisions on the liability of authorising officers and the use of a direct debit system should also be introduced into the standard financial regulation;

- the accounting officers’ responsibility for certifying the accounts on the basis of the financial information supplied to them by the authorising officers should be clarified. To this end, the accounting officer should be empowered to check the information received by the authorising officer by delegation and to enter reservations, if necessary;

- given that executive agencies are authorising officers by delegation of the Commission, internal control issues regarding the implementation of the operational appropriations by their directors are part of the reports established pursuant to Article 86 paragraphs 3 and 4 of the general Financial Regulation. In order to streamline reporting mechanisms and avoid diffuse information flows, the report of the internal auditor regarding the administrative appropriations of executive agencies should become part of the internal auditor’s report pursuant to paragraph 3 of the general Financial Regulation. For the same reason, the Commission should include the reports established by the agencies in accordance with Article 49, fourth paragraph in its report pursuant to Article 86(4) of the general Financial Regulation which is transmitted to the discharge authority;

- the conditions for the use, by the executive agencies, of Commission services and offices, interinstitutional European offices and the Translation Centre for bodies of the European Union established by Council Regulation (EC) No 2965/94 setting up a Translation Centre for bodies of the European Union should be clarified. A provision for the selection of experts, similar to the one introduced in the general Financial Regulation, should be inserted.

2004/09/20
   EP - GRÄSSLE Ingeborg (PPE-DE) appointed as rapporteur in BUDG

Documents

Activities

Votes

Rapport Grässle A6-0068/2008 - résolution

2008/04/10 Outcome: +: 583, 0: 17, -: 16
DE GB FR ES PL IT RO NL SE EL PT BG HU BE DK AT CZ SK LT FI IE SI LV LU CY EE MT
Total
82
66
62
44
48
39
22
20
19
21
18
17
17
21
13
15
18
11
10
10
9
7
6
6
5
5
5
icon: PPE-DE PPE-DE
232

Denmark PPE-DE

1
2

Finland PPE-DE

2

Latvia PPE-DE

2

Luxembourg PPE-DE

3

Cyprus PPE-DE

2

Estonia PPE-DE

For (1)

1

Malta PPE-DE

2
icon: PSE PSE
169

Czechia PSE

2

Lithuania PSE

For (1)

1

Ireland PSE

1

Slovenia PSE

For (1)

1

Luxembourg PSE

For (1)

1

Estonia PSE

2
icon: ALDE ALDE
75

Netherlands ALDE

2

Sweden ALDE

3

Hungary ALDE

1

Slovenia ALDE

2

Latvia ALDE

1

Luxembourg ALDE

For (1)

1

Cyprus ALDE

For (1)

1

Estonia ALDE

2
icon: Verts/ALE Verts/ALE
37

United Kingdom Verts/ALE

5

Italy Verts/ALE

2

Romania Verts/ALE

1

Netherlands Verts/ALE

2

Sweden Verts/ALE

For (1)

1

Belgium Verts/ALE

1

Denmark Verts/ALE

For (1)

1

Austria Verts/ALE

2

Finland Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
34

United Kingdom GUE/NGL

1

Netherlands GUE/NGL

2

Sweden GUE/NGL

2

Greece GUE/NGL

Abstain (1)

2

Portugal GUE/NGL

3

Denmark GUE/NGL

1

Finland GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: UEN UEN
28

Denmark UEN

For (1)

1

Lithuania UEN

1

Ireland UEN

3

Latvia UEN

2
icon: IND/DEM IND/DEM
19

France IND/DEM

Against (1)

1

Poland IND/DEM

3

Netherlands IND/DEM

2

Sweden IND/DEM

2

Greece IND/DEM

Abstain (1)

1

Denmark IND/DEM

1

Czechia IND/DEM

Abstain (1)

1

Ireland IND/DEM

For (1)

1
icon: NI NI
22

United Kingdom NI

Abstain (1)

5
2

Italy NI

For (1)

1

Belgium NI

3

Austria NI

Against (1)

2

Czechia NI

1
AmendmentsDossier
2 2007/0901(CNS)
2008/02/14 BUDG 2 amendments...
source: PE-402.558

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2007-09-27T00:00:00 body: EP type: Referral to associated committees announced in Parliament
  • date: 2008-02-28T00:00:00 body: EP committees: body: EP responsible: True committee: BUDG date: 2004-09-20T00:00:00 committee_full: Budgets (Associated committee) rapporteur: group: PPE-DE name: GRÄSSLE Ingeborg body: EP responsible: False committee: CONT date: 2007-06-04T00:00:00 committee_full: Budgetary Control (Associated committee) rapporteur: group: PSE name: HERCZOG Edit type: Vote in committee, 1st reading/single reading
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  • date: 2008-04-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20080409&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2008-04-10T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=14759&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-111 type: Decision by Parliament, 1st reading/single reading title: T6-0111/2008 body: EP type: Results of vote in Parliament
  • date: 2008-07-09T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2008-07-09T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2008-07-10T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008R0651 title: Regulation 2008/651 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:181:TOC title: OJ L 181 10.07.2008, p. 0015
commission
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committees/0
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council
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docs
  • date: 2007-12-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE398.652 title: PE398.652 type: Committee draft report body: EP
  • date: 2008-02-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE402.558 title: PE402.558 type: Amendments tabled in committee body: EP
  • date: 2008-02-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE398.697&secondRef=02 title: PE398.697 committee: CONT type: Committee opinion body: EP
  • date: 2008-03-07T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-68&language=EN title: A6-0068/2008 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2008-05-28T00:00:00 docs: url: /oeil/spdoc.do?i=14759&j=0&l=en title: SP(2008)3169 type: Commission response to text adopted in plenary
events
  • date: 2007-04-25T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/sec/2007/0492/COM_SEC(2007)0492_EN.pdf title: SEC(2007)0492 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=2007&nu_doc=492 title: EUR-Lex summary: PURPOSE: to amend 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. PROPOSED ACT: Commission Regulation. CONTENT: following the adoption of Council Regulation (EC, Euratom) No 1995/2006 amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, it is necessary to adapt Commission 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 in order to align it with the Financial Regulation. Other amendments became necessary in the light of experience gathered by the existing executive agencies: - it should be clarified that sound financial management requires effective and efficient internal control and that the main features and objectives of internal control systems should be defined; - 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 in practice and should therefore be streamlined and accelerated;. - clarification regarding conflict of interest situations, new provisions regarding ex ante verification of similar individual transactions relating to certain routine expenditure items, provisions on the liability of authorising officers and the use of a direct debit system should also be introduced into the standard financial regulation; - the accounting officers’ responsibility for certifying the accounts on the basis of the financial information supplied to them by the authorising officers should be clarified. To this end, the accounting officer should be empowered to check the information received by the authorising officer by delegation and to enter reservations, if necessary; - given that executive agencies are authorising officers by delegation of the Commission, internal control issues regarding the implementation of the operational appropriations by their directors are part of the reports established pursuant to Article 86 paragraphs 3 and 4 of the general Financial Regulation. In order to streamline reporting mechanisms and avoid diffuse information flows, the report of the internal auditor regarding the administrative appropriations of executive agencies should become part of the internal auditor’s report pursuant to paragraph 3 of the general Financial Regulation. For the same reason, the Commission should include the reports established by the agencies in accordance with Article 49, fourth paragraph in its report pursuant to Article 86(4) of the general Financial Regulation which is transmitted to the discharge authority; - the conditions for the use, by the executive agencies, of Commission services and offices, interinstitutional European offices and the Translation Centre for bodies of the European Union established by Council Regulation (EC) No 2965/94 setting up a Translation Centre for bodies of the European Union should be clarified. A provision for the selection of experts, similar to the one introduced in the general Financial Regulation, should be inserted.
  • date: 2007-05-10T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2007-09-27T00:00:00 type: Referral to associated committees announced in Parliament body: EP
  • date: 2008-02-28T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Budgets adopted a report drafted by Ingeborg GRÄSSLE (EPP-ED, DE), and made some amendments, in the framework of the consultation procedure to the draft Commission regulation amending Regulation (EC) N° 1653/2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) N° 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes. The main amendments were as follows: a new recital states that, in consideration 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; the Commission shall ensure that the standard financial regulation for EAs deviates from the Financial Regulation applicable to the general budget of the European Communities only if the specific operating requirements of the executive agencies so require; the appropriations available at 31 December arising from the assigned revenue shall be carried over automatically. The appropriations available corresponding to assigned revenue carried over must be used first; the summary of the budgets and amending budgets shall contain certain prescribed items; Members clarified the duty of publication, so that the budgetary authority can gain a genuine overview of the development of the agency’s budget. They ensured that ‘reasons for confidentiality’ are allowed, but that they do not lead to evasion of the fundamental duty of publication; it is stressed that the authorising officer (i.e. the director of the agency) continues to be ultimately responsible; the fact that he has delegated the task does not mean that he has delegated the responsibility; the budgetary authority should be enabled to monitor the use of external experts by the executive agencies.
  • date: 2008-03-07T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-68&language=EN title: A6-0068/2008
  • date: 2008-04-09T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20080409&type=CRE title: Debate in Parliament
  • date: 2008-04-10T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=14759&l=en title: Results of vote in Parliament
  • date: 2008-04-10T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-111 title: T6-0111/2008 summary: The European Parliament adopted, by 583 votes to 16 with 17 abstentions, a legislative resolution amending the draft Commission regulation amending Regulation (EC) N° 1653/2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) N° 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes. The report was tabled for consideration in plenary by Ingeborg GRÄSSLE (EPP-ED, DE), on behalf of the Budgets Committee. The main amendments – adopted in the framework of the consultation procedure - were as follows: -a new recital states that, in consideration 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; -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; -the Commission shall ensure that the standard financial regulation for EAs deviates from the Financial Regulation applicable to the general budget of the European Communities only if the specific operating requirements of the executive agencies so require; -the appropriations available at 31 December arising from the assigned revenue shall be carried over automatically. The appropriations available corresponding to assigned revenue carried over must be used first; -the summary of the budgets and amending budgets shall contain certain prescribed items; -Members clarified the duty of publication, so that the budgetary authority can gain a genuine overview of the development of the agency’s budget. They ensured that ‘reasons for confidentiality’ are allowed, but that they do not lead to evasion of the fundamental duty of publication; - 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 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; -it is stressed that the authorising officer (i.e. the director of the agency) continues to be ultimately responsible; the fact that he has delegated the task does not mean that he has delegated the responsibility; -the budgetary authority should be enabled to monitor the use of external experts by the executive agencies; -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.
  • date: 2008-07-09T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2008-07-09T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2008-07-10T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to amend 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. LEGISLATIVE ACT: Commission Regulation (EC) No 651/2008 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. CONTENT: following the adoption of Council Regulation (EC, Euratom) No 1995/2006 amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, it is necessary to adapt Commission Regulation (EC) No 1653/2004 in order to align it with Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (General Financial Regulation). Other amendments became necessary in the light of experience gathered by the existing agencies. The amendments introduced by the Council aim to: clarify that sound financial management requires effective and efficient internal control; simplify the publication of the administrative budget of agencies while preserving the prerogatives of the budgetary authority and of the Court of Auditors; streamline and accelerate the procedure regarding transfers to be adopted by the directors of agencies; introduce into the standard financial regulation clarifications regarding conflict of interest situations, new provisions regarding ex ante verification of similar individual transactions relating to certain routine expenditure items, provisions on the liability of authorising officers and the use of a direct debit system; ensure increase transparency vis-à-vis the budgetary authority through new information requirements incumbent on the agencies in the budget procedure in particular as regards the number of contract staff and waivers to recovery of established amounts receivable; make available information on the beneficiaries of these funds within certain limits necessary to protect legitimate public and private interests; enable agencies to participate in fraud prevention activities of the European Anti-fraud Office; oblige agencies to establish a list of amounts receivable, 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 after its pronouncement. This list should be published, taking into account the legislation applicable to data protection; clarify the accounting officers’ responsibility for certifying the accounts on the basis of the financial information supplied to them by the authorising officers. To this end, the accounting officer should be empowered to check the information received by the authorising officer by delegation and to enter reservations, if necessary; streamline the reporting mechanisms and avoid diffuse information flows, the report of the internal auditor regarding the administrative appropriations of executive agencies should become part of the internal auditor’s report pursuant to Article 86(3) of the general Financial Regulation. For the same reason, the Commission should include the reports established by the agencies in accordance with the fourth paragraph of Article 49 of Regulation (EC) No 1653/2004 in its report pursuant to Article 86(4) of the general Financial Regulation which it forwards to the discharge authority; clarify the conditions for the use, by the agencies, of Commission services and offices, interinstitutional European offices and the Translation Centre for bodies of the European Union established by Council Regulation (EC) No 2965/94 setting up a Translation Centre for bodies of the European Union should be clarified. A provision for the selection of experts, corresponding to the one introduced in the general Financial Regulation, should be inserted; require Community bodies to insert specific contractual clauses in their contracts concluded with third parties enabling them to exercise certain rights, including the suspension and termination of contracts and tender procedures and the establishment of a limitation period; introduce, for reasons of transparency vis-à-vis the budgetary authority, an information procedure for projects with significant impact on the administrative budget of the agency; harmonise the discharge date for the operating budget of the executive agencies with the one for the general budget. ENTRY INTO FORCE: 30/07/2008. docs: title: Regulation 2008/651 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008R0651 title: OJ L 181 10.07.2008, p. 0015 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:181:TOC
other
  • body: EC dg: url: http://ec.europa.eu/dgs/budget/ title: Budget commissioner: GRYBAUSKAITĖ Dalia
procedure/dossier_of_the_committee
Old
BUDG/6/49397
New
  • BUDG/6/49397
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008R0651
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008R0651
procedure/instrument
Old
Regulation
New
  • Regulation
  • Amending Regulation (EC) No 1653/2004
procedure/subject
Old
  • 8.40.08 Agencies and bodies of the EU
  • 8.70.02 Financial regulations
New
8.40.08
Agencies and bodies of the EU
8.70.02
Financial regulations
procedure/summary
  • Amending Regulation (EC) No 1653/2004
activities/10/docs/1/url
Old
http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2008:181:SOM:EN:HTML
New
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:181:TOC
links/European Commission/title
Old
PreLex
New
EUR-Lex
activities
  • date: 2007-04-25T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/sec/2007/0492/COM_SEC(2007)0492_EN.pdf celexid: CELEX:52007SC0492:EN type: Legislative proposal published title: SEC(2007)0492 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/dgs/budget/ title: Budget Commissioner: GRYBAUSKAITĖ Dalia
  • date: 2007-05-10T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: BUDG date: 2004-09-20T00:00:00 committee_full: Budgets (Associated committee) rapporteur: group: PPE-DE name: GRÄSSLE Ingeborg body: EP responsible: False committee: CONT date: 2007-06-04T00:00:00 committee_full: Budgetary Control (Associated committee) rapporteur: group: PSE name: HERCZOG Edit
  • date: 2007-06-28T00:00:00 body: CSL type: Council Meeting council: Environment meeting_id: 2812
  • date: 2007-09-27T00:00:00 body: EP type: Referral to associated committees announced in Parliament
  • date: 2008-02-28T00:00:00 body: EP committees: body: EP responsible: True committee: BUDG date: 2004-09-20T00:00:00 committee_full: Budgets (Associated committee) rapporteur: group: PPE-DE name: GRÄSSLE Ingeborg body: EP responsible: False committee: CONT date: 2007-06-04T00:00:00 committee_full: Budgetary Control (Associated committee) rapporteur: group: PSE name: HERCZOG Edit type: Vote in committee, 1st reading/single reading
  • date: 2008-03-07T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-68&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0068/2008 body: EP committees: body: EP responsible: True committee: BUDG date: 2004-09-20T00:00:00 committee_full: Budgets (Associated committee) rapporteur: group: PPE-DE name: GRÄSSLE Ingeborg body: EP responsible: False committee: CONT date: 2007-06-04T00:00:00 committee_full: Budgetary Control (Associated committee) rapporteur: group: PSE name: HERCZOG Edit type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2008-04-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20080409&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2008-04-10T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=14759&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-111 type: Decision by Parliament, 1st reading/single reading title: T6-0111/2008 body: EP type: Results of vote in Parliament
  • date: 2008-07-09T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2008-07-09T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2008-07-10T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008R0651 title: Regulation 2008/651 url: http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2008:181:SOM:EN:HTML title: OJ L 181 10.07.2008, p. 0015
committees
  • body: EP responsible: True committee: BUDG date: 2004-09-20T00:00:00 committee_full: Budgets (Associated committee) rapporteur: group: PPE-DE name: GRÄSSLE Ingeborg
  • body: EP responsible: False committee: CONT date: 2007-06-04T00:00:00 committee_full: Budgetary Control (Associated committee) rapporteur: group: PSE name: HERCZOG Edit
links
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/dgs/budget/ title: Budget commissioner: GRYBAUSKAITĖ Dalia
procedure
dossier_of_the_committee
BUDG/6/49397
reference
2007/0901(CNS)
title
Executive Agencies: standard financial regulation
stage_reached
Procedure completed
summary
Amending Regulation (EC) No 1653/2004
instrument
Regulation
subtype
Legislation
type
CNS - Consultation procedure
final
subject