52012BP1220(04)

Resolution of the European Parliament

of 23 October 2012

with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2010

THE EUROPEAN PARLIAMENT,

- having regard to the final annual accounts of the European Environment Agency for the financial year 2010,

- having regard to the Court of Auditors’ report on the annual accounts of the European Environment Agency for the financial year 2010, together with the Agency’s replies [1],

- having regard to the Council’s recommendation of 21 February 2012 (06083/2012 — C7-0051/2012),

- having regard to its Decision of 10 May 2012 [2] postponing the discharge decision in respect of the implementation of the budget of the European Environment Agency for the financial year 2010, its accompanying Resolution and the replies by the Executive Director of the Agency,

- having regard to Article 319 of the Treaty on the Functioning of the European Union,

- 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 Communities [3], and in particular Article 185 thereof,

- having regard to Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network [4], and in particular Article 13 thereof,

- having regard to Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network [5], and in particular Article 13 thereof,

- having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities [6], and in particular Article 94 thereof,

- having regard to the Joint Statement on decentralised agencies and the Common Approach annexed thereto, agreed in June 2012 by the European Parliament, the Council and the Commission, resulting from the work of the Interinstitutional Working Group on decentralised agencies created in March 2009, and in particular the sections on governance, operation, programming, accountability and transparency of the Common Approach,

- having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

- having regard to the second report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0300/2012),

A. whereas on 10 May 2012, the European Parliament postponed its decision on the discharge and closure of the accounts of the European Environment Agency ("the Agency") for the financial year 2010,

B. whereas the Agency provided replies to the discharge authority by letters of 24 May, 15 June and 3 July 2012; whereas the Management Board of the Agency provided the discharge authority with information on the measures undertaken following the postponement of the discharge by letter of 6 June 2012,

C. whereas the discharge is a valid instrument of the European Parliament to assess the proper spending of Union subsidies based on factual and substantive arguments; recalling, in this context, the existing rules, i.e. the Staff Regulations for Officials and Conditions of Employment of Other Servants of the European Community, the Financial Regulation applicable to the general budget of the European Communities, the Agency’s founding regulation and specific policies and procedures set up by the Agency;

D. whereas the budget of the Agency for the year 2010 was EUR 50600000, which is 26 % higher than in 2009; whereas the contribution of the Union to the budget of the Agency for 2010 was EUR 35258000, compared to EUR 34560000 in 2009, which represents an increase of 2 %;

1. Has always welcomed the professional, reliable and independent provision of information by the Agency for all institutions, the Member States and Union policy-making bodies, and will further expect this kind of professionalism in the future;

2. Notes that the Agency’s levels of budget execution in terms of committed appropriations and payment appropriations were respectively 100 % and 90,75 %;

3. Points to paragraph 16 of the Common Approach annexed to the Joint Statement of the European Parliament, the Council and the Commission on decentralised agencies; expects, without prejudice to the Agency’s independence, an open and transparent selection procedure regarding the appointment of the Executive Director in June 2013 that guarantees a rigorous evaluation of candidates and a high level of independence; suggests, therefore, that a hearing of the candidates by the competent committees in Parliament will be part of the appointment procedure to the position of Executive Director;

Budget and financial management

4. Reminds that for five months, from 22 May 2010 to October 2010, the Agency covered its building with a Green Façade at a cost of EUR 294641, and that no public tender was issued;

5. Recalls that in order to cover the costs related to the Green Façade, the budget line "2140 — Fitting-out of premises" has been reinforced by a budget transfer of EUR 180872 taken from the budget line "2100 — Rent" on 9 April 2010;

6. Calls therefore on the Agency to establish clear internal rules for resorting to Article 126(1)(b) of the implementing rules of the Financial Regulation; notes that the Management Board decided to implement ex-ante controls on exceptional expenditures;

7. Is firmly convinced that necessary steps have to be taken should cases of non-compliance with existing rules occur; believes that, in such cases, the Agency should draw up an action plan, accompanied by a precise timetable, aiming to remedy the shortcomings, that its implementation should be monitored by the European Parliament, and that these problems should be addressed by changing the existing rules and regulations in order to eliminate possible loopholes;

Human Resources

8. Takes note that the Agency hosted 12 guest scientists working at its premises without publishing for 11 of them their curriculum vitae, including at least the educational and work background; acknowledges the Management Board’s statement that rules for the selection and conduct of visiting scientists will be strengthened in order to ensure greater clarity and transparency and that the Agency’s current policy on hosting guest scientist is under revision;

9. Recalls that from June 2010 until April 2011, the Executive Director of the Agency was a trustee and a member of the International Advisory Board of the non-governmental organisation (NGO) Earthwatch, an international environmental charity, and was erroneously reported to be a member of the European Advisory Board of Worldwatch Europe; acknowledges that she stepped down from her positions in Earthwatch following advice from the President of the Court of Auditors in the context of a possible conflict of interests;

10. Notes that in February 2010, before the Executive Director of the Agency was directly involved with Earthwatch, training was contracted for 29 staff members of the Agency, including the Executive Director, who went for up to 10 days of research on different biodiversity projects in the Caribbean or Mediterranean managed by Earthwatch and that the Agency paid a total of EUR 33791,28 to the NGO, as stated by the Executive Director of the Agency; further notes that the Court of Auditors’ final report for 2010 contained no findings about any conflict of interest in this connection;

11. Acknowledges the decision of the Management Board to implement ex-ante controls on the membership of the Executive Director in external boards and on the Agency’s training policy;

12. Notes the Agency’s assurance that in November 2010 Worldwatch Institute Europe registered as its contact address that of the Agency without the Agency’s consent; further notes that the Executive Director of Worldwatch Institute Europe was a guest scientist of the Agency; calls on the Agency to ensure absolute clarity in any future guest scientist arrangements; further notes that:

- in the letter of 11 April 2012, the Executive Director of the Agency stated that "when it came to the attention of the EEA that World Watch Institute Europe had published on their own website that a European office had been set up at the Agency’s premises immediate action was taken…";

- the founding act of Worldwatch Institute Europe proves that it was established on 5 November 2010 in the premises of the Agency;

- moreover, the launch of Worldwatch Institute Europe took place at the Agency’s premises on 25 February 2011 and the Executive Director of the Agency was a guest speaker, as shown by World Watch Institute Europe’s website;

13. Takes note that the Agency prepared an updated conflicts of interest policy and action plan in line with the European Ombudsman’s recommendations; calls on the Agency to make the draft public and to foster a debate on the policy and action plan prior their submission to the Management Board;

14. Notes that the curriculum vitae of the management staff and of the members of the scientific committee have been made available on the Agency’s website; notes, moreover, that the declarations of interest of the members of the scientific committee have also been made available; underlines that, contrary to the Agency’s statement by letter of 15 June 2012, none of the curriculum vitae of the Management Board members is currently available on its website and observes that only a link to their organisation is provided; calls on the Agency, in an effort to promote greater transparency in terms of preventing and combating conflict of interests, to publish on its website the declarations of interest and curriculum vitae of the experts, future guest scientists and members of the Management Board; is of the opinion that such measures would allow the discharge authority and the public to observe their qualifications and to prevent potential conflict of interest;

15. Expects to receive information on ongoing administrative investigations related to the Agency;

16. Points out that the committee responsible is in close contact with the Agency by inviting the Executive Director for an exchange of views at least once a year, by having appointed a contact person from amongst its members and by visiting the Agency on a regular basis; notes that the last visit took place in September 2011;

17. Stresses that the Agency is required to establish appropriate contacts with interested parties and to cooperate with stakeholders such as external organisations; notes that those activities have not been accompanied by respective measures and rules in order to excluding the possible reputational risk; welcomes, therefore, the commitment by the Management Board and the Executive Director to take appropriate steps in order to eliminate those risks immediately;

18. Welcomes, in general, the Joint Statement and the Common Approach on decentralised agencies afore mentioned, which address and take up some elements important to the discharge procedure, and believes that the roadmap on the follow-up to the Common Approach, to be presented by the Commission by the end of 2012, will take due account of those issues;

Performance

19. Is aware that the Agency is currently under a periodic external evaluation which should be delivered to the discharge authority in 2013; takes note of the Management Board’s statement that the internal processes of the Agency will be included in the evaluation;

20. Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 [7] on the performance, financial management and control of the agencies.

[1] OJ C 366, 15.12.2011, p. 57.

[2] OJ L 286, 17.10.2012, p. 356.

[3] OJ L 248, 16.9.2002, p. 1.

[4] OJ L 120, 11.5.1990, p. 1.

[5] OJ L 126, 21.5.2009, p. 13.

[6] OJ L 357, 31.12.2002, p. 72.

[7] OJ L 286, 17.10.2012, p. 388.

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