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Document 52016TA1201(02)
Report on the annual accounts of the Agency for the Cooperation of Energy Regulators for the financial year 2015, together with the Agency’s reply
Report on the annual accounts of the Agency for the Cooperation of Energy Regulators for the financial year 2015, together with the Agency’s reply
Report on the annual accounts of the Agency for the Cooperation of Energy Regulators for the financial year 2015, together with the Agency’s reply
OJ C 449, 1.12.2016, p. 17–21
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
1.12.2016 |
EN |
Official Journal of the European Union |
C 449/17 |
REPORT
on the annual accounts of the Agency for the Cooperation of Energy Regulators for the financial year 2015, together with the Agency’s reply
(2016/C 449/02)
INTRODUCTION
1. |
The Agency for the Cooperation of Energy Regulators (hereinafter ‘the Agency’, aka ‘ACER’), which is located in Ljubljana, was created by Regulation (EC) No 713/2009 of the European Parliament and of the Council (1). The Agency's main task is to assist National Regulatory Authorities in exercising, at Union level, the regulatory tasks that they perform in the Member States and, where necessary, to coordinate their action. Under the REMIT regulation (2), the Agency was given additional responsibilities, together with national regulatory authorities, regarding the monitoring of the European wholesale energy market. |
2. |
The table presents key figures for the Agency (3). Table Key figures for the Agency
|
INFORMATION IN SUPPORT OF THE STATEMENT OF ASSURANCE
3. |
The audit approach taken by the Court comprises analytical audit procedures, direct testing of transactions and an assessment of key controls of the Agency’s supervisory and control systems. This is supplemented by evidence provided by the work of other auditors and an analysis of management representations. |
STATEMENT OF ASSURANCE
The management’s responsibility
The auditor’s responsibility
Opinion on the reliability of the accounts
Opinion on the legality and regularity of the transactions underlying the accounts
|
11. |
The comments which follow do not call the Court’s opinions into question. |
COMMENTS ON BUDGETARY MANAGEMENT
12. |
The Agency carried over 1,36 million euro, i.e. 59 % of its committed appropriations for Title III operational expenditure (2014: 1,57 million euro, i.e. 62 %). These carry-overs were mainly related to the implementation of REMIT (1,1 million euro), a complex operational activity on wholesale energy market integrity and transparency of a multiannual nature. The Agency also carried over 0,79 million euro, i.e. 35 % (2014: 0,98 million euro, i.e. 41 %) of committed appropriations for Title II administrative expenditure, mainly related to studies and services not yet delivered in 2015. |
FOLLOW-UP OF PREVIOUS YEAR’S COMMENTS
13. |
An overview of the corrective actions taken in response to the Court’s comments from the previous year is provided in the Annex. |
This Report was adopted by Chamber IV, headed by Mr Baudilio TOMÉ MUGURUZA, Member of the Court of Auditors, in Luxembourg at its meeting of 13 September 2016.
For the Court of Auditors
Vítor Manuel da SILVA CALDEIRA
President
(1) OJ L 211, 14.8.2009, p. 1.
(2) Regulation (EU) No 1227/2011 of the European Parliament and of the Council (OJ L 326, 8.12.2011, p. 1), which assigns an important role to the Agency in supervising trading in wholesale energy markets across Europe.
(3) More information on the Agency’s competences and activities is available on its website: www.acer.europa.eu
(1) Staff includes officials, temporary and contract staff and seconded national experts.
Source: data provided by the Agency.
(4) These include the balance sheet and the statement of financial performance, the cash flow table, the statement of changes in net assets and a summary of the significant accounting policies and other explanatory notes.
(5) These comprise the budgetary outturn account and the annex to the budgetary outturn account.
(6) Articles 39 and 50 of Commission Delegated Regulation (EU) No 1271/2013 (OJ L 328, 7.12.2013, p. 42).
(7) The accounting rules adopted by the Commission’s accounting officer are derived from the International Public Sector Accounting Standards (IPSAS) issued by the International Federation of Accountants or, where relevant, the International Accounting Standards (IAS)/International Financial Reporting Standards (IFRS) issued by the International Accounting Standards Board.
(8) Article 107 of Regulation (EU) No 1271/2013.
(9) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 298, 26.10.2012, p. 1).
ANNEX
Follow-up of previous year’s comments
Year |
Court's comment |
Status of corrective action (Completed/Ongoing/Outstanding/N/A) |
2014 |
The Agency carried over 1,57 million euro, i.e. 62 %, of committed appropriations for title III operational expenditure (2013: 3,1 million euro, i.e. 91 %). These carry-overs were mainly related to the implementation of REMIT, a complex multi-annual operational activity for which the Implementing Regulation was only adopted on 17 December 2014 (1). The Agency also carried over 0,98 million euro, i.e. 41 % (2013: 1,9 million euro, i.e. 56 %), of committed appropriations for title II administrative expenditure, mainly related to studies for the implementation of REMIT and annual contracts renewed towards the year end. |
N/A |
2014 |
In October 2013, through a budget amendment, the Agency received an additional 3 million euro in appropriations to implement REMIT, which it carried over to 2014. However, according to the Implementing Regulation the REMIT framework will only become operational in October 2015. Part of the funds was spent in 2014 on preparation for the implementation of REMIT. At the end of 2014, the Agency made two pre-financing payments amounting to 1,56 million euro for contracts on REMIT-related services to be provided in the period 2015 to 2017, thereby avoiding an automatic return to the Commission of the unused funds (2). Although this will allow the Agency to finance its future REMIT-related activities, this is in contradiction with the budgetary principle of annuality. |
N/A |
2014 |
According to the Seat Agreement between the Agency and the Slovenian government, a European School will be established in Slovenia. However, more than four years after the agreement no European School has been set up. |
Outstanding |
(1) Commission Implementing Regulation (EU) No 1348/2014 (OJ L 363, 18.12.2014, p. 121).
(2) Article 13 of the EU Financial Regulation stipulates that amounts can be carried over for one financial year only.
THE AGENCY’S REPLY
13. |
The Agency acknowledges the identified level of appropriations carried over, due to open commitments at year-end, mainly streaming from the long-term nature of the REMIT project implementation. Given the persistent uncertainty on the annual budgetary allocation to the Agency, it is difficult to reconcile the principle of annuality with the inevitable multiannual nature of the REMIT project. |