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` Issue No. 11/2009 COBU NEWS COMMITTEE ON BUDGETS Brussels Room: Paul-Henri Spaak P1A002. Tuesday, 21 July 2009 15.00 - 18.30 In the Chair: Alain Lamassoure, Chairman 1. ADOPTION OF AGENDA The Draft Agenda was circulated to Members on 16 July and was published on the website the same day. 2. CHAIRMAN'S ANNOUNCEMENTS 1. Interpretation will be available in 20 languages (all ex- cept MT and ET) 2. A part from the meeting dossiers, Members will find a folder with a number of documents which have been pre- pared by the secretariat and the policy department on Budgetary Affairs in view of the VIIth legislature. In this folder, Members will find notably: an updated collection of the main budgetary and fi- nancial provisions (exists in EN and FR only), a document which procedures and highlights the main achievements of the Parliament in this area (ex- ists in all languages), "Budgetary control handbook" dealing with horizon- tal issues and some of the highlights of the work achieved during the sixth parliamentary term, documents presenting the services provided by the Policy departments in general and a flyer depicting the Policy Department on Budgetary Affairs in par- ticular as well as a catalogue of publications and a list of studies. 3. The Government of Lithuania has notified its intention to designate Mr Algirdas Šemeta as new Commissioner of Financial programming and budget. (See letter in annex 1). 4. Members are informed that the link to EP/Committee's website was available on Monday 20 July 2009. 5. The secretariat has received the report from the Commis- sion on the funds committed for the reconstruction of Georgia, as requested in EP 2nd Reading resolution from December 2008. This document has been circulated to members by e-mail. The report "Overview of the current political, economic situation and reconstruction process in Georgia and the EU pledge" highlights the main difficulties faced by Georgia in the context of world economic slowdown and provides a follow-up of the EU funds in 2008-2009. "Georgia - Joint needs assessment" (progress report June 2009, by the United Nations and the World Bank is an- nexed to the report. This document has been circulated to members by e-mail. 3. OUTCOME OF THE CONSTITUENT MEETING ON 16 JULY The Committee on Budget held its constituent meeting on Thursday 16 July 2009 in Strasbourg.

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` Issue No. 11/2009

COBU NEWS

COMMITTEE ON BUDGETS

Brussels

Room: Paul-Henri Spaak P1A002.

Tuesday, 21 July 2009 15.00 - 18.30

In the Chair: Alain Lamassoure, Chairman

1. ADOPTION OF AGENDA The Draft Agenda was circulated to Members on 16 July and was published on the website the same day.

2. CHAIRMAN'S ANNOUNCEMENTS 1. Interpretation will be available in 20 languages (all ex-cept MT and ET) 2. A part from the meeting dossiers, Members will find a folder with a number of documents which have been pre-pared by the secretariat and the policy department on Budgetary Affairs in view of the VIIth legislature. In this folder, Members will find notably: • an updated collection of the main budgetary and fi-

nancial provisions (exists in EN and FR only), • a document which procedures and highlights the

main achievements of the Parliament in this area (ex-ists in all languages),

• "Budgetary control handbook" dealing with horizon-tal issues and some of the highlights of the work achieved during the sixth parliamentary term,

• documents presenting the services provided by the Policy departments in general and a flyer depicting the Policy Department on Budgetary Affairs in par-

ticular as well as a catalogue of publications and a list of studies.

3. The Government of Lithuania has notified its intention to designate Mr Algirdas Šemeta as new Commissioner of Financial programming and budget. (See letter in annex 1). 4. Members are informed that the link to EP/Committee's website was available on Monday 20 July 2009.

5. The secretariat has received the report from the Commis-sion on the funds committed for the reconstruction of Georgia, as requested in EP 2nd Reading resolution from December 2008. This document has been circulated to members by e-mail.

The report "Overview of the current political, economic situation and reconstruction process in Georgia and the EU pledge" highlights the main difficulties faced by Georgia in the context of world economic slowdown and provides a follow-up of the EU funds in 2008-2009.

"Georgia - Joint needs assessment" (progress report June 2009, by the United Nations and the World Bank is an-nexed to the report. This document has been circulated to members by e-mail.

3. OUTCOME OF THE CONSTITUENT

MEETING ON 16 JULY The Committee on Budget held its constituent meeting on Thursday 16 July 2009 in Strasbourg.

Cobu News 11/2009 page 2 of 29

The new Committee is composed of 44 members and 35 substitutes (See annex n°2). The Bureau of the Committee is composed as follows: Chairman: Mr Alain Lamassoure 1st Vice-Chairwoman: Mrs Jutta Haug 2nd Vice-Chairman: Mr Alexander Alvaro 3rd Vice-Chairman: Mr Jean-Luc Dehaene 4th Vice-Chairman: Mr Ivaylo Kalfin BUDGET 2010

4. OUTCOME OF THE TRILOGUE OF 7

JULY AND THE CONCILIATION ON 10

JULY (See annex n°3). The traditional conciliation meeting before Council 1st reading of the 2010 draft Budget took place on Friday, 10 July 2009 in Brussels. The Swedish Presidency presented the Council’s position on the Preliminary Draft Budget presented by the Com-mission on 29 April. The EP Delegation welcomed the Councils approach to the Draft Budget to be adopted, but deplored the general reductions in commitments (- EUR 612,9 millions) and payments (- EUR 1 794,9 millions), notably under head-ing 1 A (Competitiveness) and under heading 4 (External Actions). The EP delegation underlined that those signifi-cant reductions in payments are not a good sign for the implementation of EU policies. Many concerns remained: the problem of the nearly non-existing margin in Heading 4 persisted. Heading 4 contin-ued to be underfinanced which jeopardized the ambition of the EU in the world and the necessity to face unfore-seen needs. The cuts performed by the Council in Head-ing 4 are to be considered as a manoeuvre to create an artificial margin. Especially the deletion of any payment appropriations (- EUR 248 mio.) for the Emergency Aid reserve hindered efficient support in case of urgent needs and gives the wrong political signal. The EP delegation recalled the institutions’ commitment to finance in 2010 (and if necessary in 2011) the remain-ing part of the European Economic Recovery Plan (ERP) with an amount of EUR 2,4 billion and pointed out that the Council gives no concrete solution for this financing. The EP delegation reminded to the Council its wish to finance the ERP not to the detriment of other priorities, especially co-decided programmes. In this context, it re-called that the margin under Heading 2 would certainly

not suffice if the Union wants to be prepared for any unex-pected needs in the agricultural policy. The EP delegation agreed on the prudent approach of the Council concerning administrative expenditure, but this should not have a negative effect on multilinguism. A number of unilateral EP declarations and bilateral EP/Council declarations were adopted

5. 2010 BUDGET: SECTION III -

COMMISSION Rapporteur: László Surján

• Presentation of a working document on PDB and on Pilot Projects and Preparatory Actions

The rapporteur has prepared a working document on the implementation of Pilot Projects and Preparatory actions 2009, in view of Budget procedure 2010.

6. 2010 BUDGET: OTHER SECTIONS

Rapporteur: Vladimír Maňka • Exchange of views

7. DRAFT PROPOSAL FOR A DECISION

ON THE SELECTION OF PROJECTS FOR

THE EUROPEAN ECONOMIC

RECOVERY PLAN TEN-T

PROGRAMME 2009 PRESENTATION BY DIRECTOR

GENERAL OF DG TREN - MR

MATTHIAS RUETE • Exchange of views Mr. RUETE, Director General of DG TREN, will present the information concerning the result of the draft proposal for the selection of bids to this year calls both concerning the annual and multiannual TEN-T programme, and the European Economic Recovery Plan. The EERP call is the result of an ad-hoc work programme prepared to meet the commitment in the EERP to launch a one-off EUR 500 million call for proposal for TEN-Transport projects in support of the recovery of the Euro-pean Economy.

Cobu News 11/2009 page 3 of 29

The Commission already provided written information that the Secretariat forwarded to the Members. (Docu-ments to add to the dossier The Members of TRAN committee have been informed and invited to attend.

7. A BUDGET 2009 RESOLUTIONS COMMIS-

SION RESPONSE TO EP REQUESTS Mrs Jutta Haug, Rapporteur for budget 2009, will present her position on the responses given by the Commission to the EP requests made in the 1st and 2nd reading reso-lutions for the Budget procedure 2009. BUDGET 2009

8. AMENDING BUDGET 6/2009: REVISION OF FORECAST, BRITISH

CORRECTIONS

Rapporteur: Jutta Haug

• Debate in committee and possibly adoption of a draft report

The Rapporteur for budget 2009, Mrs Haug, will present her position on the DAB 6/2009. The Draft Amending Budget n° 6 to the Budget for 2009 (PDAB 6/2009) covers the revision of the forecast of Traditional Own Resources (TOR, i.e. customs duties and sugar levies), VAT and GNI bases, the budgeting of the relevant UK corrections as well as their financing and revision of financing of GNI reductions in favour of the Netherlands and Sweden in 2009, resulting in a change in the distribution between Member States of their own re-sources contributions to the EU budget. Calendar:

• DAB adopted in Council on 13 July; • 21 July - 1st presentation in COBU; • 1-2 September - 2nd presentation in COBU and

Vote; • 14-17 September - Vote in Plenary.

9. MOBILISATION OF THE EU

SOLIDARITY FUND

Rapporteur: Reimer Böge

• Debate in committee and possibly adoption of a draft report

The Rapporteur will present the draft report on the Com-mission decision proposal to mobilise the EUSF for an amount of EUR 109.377.165. This is the second proposal considered under the 2009 budget and refers to the applica-tion for assistance of France following a storm that affected 31 "départements" in the south-western part of the country. As the total direct damage amounts to EUR 3,805 billion it was qualified as "major natural disaster" and falls under the main field of application of the legal basis. In parallel to this proposal, the Commission has presented a preliminary amending budget, PDAB n° 7/2009, in order to enter in the 2009 budget the corresponding commitment and payment appropriations, as foreseen in point 26 of the IIA. EUR 109.377.165 shall be mobilised through a flexibility mechanism, providing with "fresh money": from Chapter 1 4 of the Revenue of the General Budget concerning the Own Resources Based on GNI pursuant to article 2(1)(c) of Decision 2007/436/EC, EURATOM to the budget line 13 06 01 of the heading 3b of the MFF: EUSF - Member States. The IIA allows the mobilisation of the Fund within the an-nual ceiling of EUR 1 billion. During 2009 a global amount of 11.785.377 Euros has been mobilised in favour of Romania, leaving EUR 988,2 million available. Calendar: 22 June Commission's proposal for a De-

cision and PDAB n°7 21 July BUDG presentation of the draft report September (tbc) REGI Opinion (in form of a letter) 1-2 September BUDG vote September PLENARY Vote

Cobu News 11/2009 page 4 of 29

10. AMENDING BUDGET 7/2009: THE

KLAUS STORM IN FRANCE

Rapporteur: Jutta Haug • Debate in committee and possibly adoption of a draft

report The Rapporteur for budget 2009, Mrs Haug, will present her position on the DAB 7/2009. The European Commission proposed on 22 June 2009 a Decision of the European Parliament and of the Council on the mobilisation of the Solidarity Fund in favour of France, after the country applied for the EUSF interven-tion following the damages caused by the storm Klaus in January this year.

The Commission proposes to allocate an amount of 109,4 million from Chapter 1 4 of the Revenue of the General Budget concerning the Own Resources Based on GNI pursuant to article 2(1)(c) of Decision 2007/436/EC, EURATOM to finance Chapter 13 06 of the 2009 Budget concerning the Solidarity Fund. The credits for the EUSF mobilisation are so called "fresh money". The Commis-sion Proposal does not foresee any decrease in any other budget line under Heading 1b (Sustainable growth - Co-hesion for growth and employment) in favour of Heading 3b (Citizenship) of the MFF, as it is generally the case for the intervention of the Solidarity Fund.

The mobilisation decision is subject of a parallel report that approves the decision (see under point 8 of the Agenda).

The vote should take place on COBU meeting of 1-2 Sep-tember. Calendar:

• DAB adopted in COMBUDG (Council) on 26 June • 21 July - 1st presentation in COBU; • 1-2 September - 2nd presentation in COBU and

Vote; • 14-17 September - Vote in Plenary.

11. AMENDING BUDGET 8/2009 -

EUROPOL, EUROJUST, OLAF

Rapporteur: Jutta Haug • Debate in committee and possibly adoption of a draft

report The Rapporteur for budget 2009, Mrs Haug, will present her position on the DAB 8/2009.

Preliminary Draft Amending Budget (PDAB) n°8 for the year 2009 covers the following elements: – Blue tongue - An increase of EUR 49.340.000 in com-

mitment appropriations for budget item 17 04 01 01 Animal disease eradication and monitoring programmes and monitoring of the physical conditions of animals that could pose a public health risk linked to an external factor - New measures. This increase is intended to strengthen the budget for the eradication of bluetongue disease.

– HFR - The creation of budget item 10 04 04 02 Opera-tion of the high-flux reactor (HFR) - Supplementary HFR programmes (2009 to 2011), with a "p.m.".

– EUROPOL - The creation of budget item 18 05 02 03 European Police Office - transition costs, to be en-dowed with an amount of EUR 1.250.000 in commit-ment and payment appropriations. These appropriations will be redeployed from budget article 18 05 09 Preven-tion of and fight against crime.

– EUROJUST - A reinforcement of the Community sub-sidy to EUROJUST by EUR 3.900.000, of which it is proposed that EUR 1.600.000 be covered by assigned revenue stemming from the recovery of the EURO-JUST surplus for the financial year 2008. Thus, the re-quest for fresh commitment appropriations in this amending budget amounts to EUR 2.300.000. The cor-responding payment appropriations will come from arti-cle 18 06 07 Civil Justice programme.

– OLAF - Modifications to the establishment plan of OLAF, without additional financial provisions. clarifica-tion.

The net financial impact of this amending budget is EUR 51.640.000 in fresh commitments, with no new re-quest for payment appropriations. Calendar:

• DAB adopted in COMBUDG (Council) on 6 July • 21 July - 1st presentation in COBU; • 1-2 September - 2nd presentation in COBU and Vote; • 14-17 September - Vote in Plenary.

12. MOBILISATION OF THE EUROPEAN

GLOBALISATION ADJUSTMENT

FUND

Rapporteur: Reimer Böge • Exchange of views

Cobu News 11/2009 page 5 of 29

The Rapporteur will present to the Committee for a first exchange of views the Commission decision proposal to mobilise the European Globalisation Adjustment Fund (EGF) for a global amount of EUR 4.139.550. This is the second proposal considered under the 2009 budget and refers to the application of Spain (Cataluña) and Portugal (Norte-Centro), following the redundancies in textiles sector. In December 2008, the Spanish authorities submitted an application for (EGF) relating to 1.720 redundancies oc-curred in 30 enterprises classified in the NACE (revision 2) division 13 (manufacture of textiles) during the refer-ence period of 9 months. A contribution of EUR 3.306.750 was requested from the Fund. The Portugal application, referring to the 1.588 redun-dancies occurred in 49 enterprises has been submitted to the Commission on 23 January 2009. It refers to redun-dancies occurred in textiles (NACE 13) sector in the two contiguous regions of Norte and Centro in Portugal. The Portuguese authorities applied for EUR 832.800 from the Fund. Both applications were based upon the intervention crite-ria of Article 2 (b) of the legal base (at least 1.000 redun-dancies over a period of 9 months, particularly in small and medium-sized enterprises) and were submitted within the deadline of 10 weeks referred to in Article 5 of that Regulation (EC) n°1927/2006. The Commission assessment of the two applications was positive. The proposal for a decision of the Parliament and of the Council on the mobilisation of the Fund and the corresponding request for a transfer of a total amount of EUR 4.139.550 have been submitted to the Parliament on 16 July 2009. In line with the earlier agreements, the EMPL committee is consulted for opinion on the mobilisation of the Fund. The IIA allows the mobilisation of the Fund within the annual ceiling of EUR 500 million. During 2009 a global amount of EUR 3.384.300 has been mobilised; respec-tively EUR 2.694.300 in favour Spain (Castilla y León and Aragón) and EUR 690.000 for Commission technical as-sistance. Calendar: 15 July Commission proposal for a

decision 21 July BUDG First exchange of views September (tbc) EMPL opinion in form of a letter 1/2 September Vote on the BUDG draft report 14/17 September Vote in Plenary

13. 2009 BUDGET: SECTION III -

COMMISSION

Rapporteur: Jutta Haug - DEC 18, 19, 20, 21, 22, 23 and 24 - Possible other transfer requests - Transfer requests DEC 18/2009 -(See transfer in annex n° 4). Globalisation Fund in Favour of Spain and Portugal - Deadline for EP to provide its position TBC - first debate in COMBUDG (Council) 8 September. Contents: decrease of 4,13 Mio EUR from line 04 02 17 European social Fund - Convergence to line 04 05 01 European Globalisation adjustment Fund. Reasons of the transfer Increase of line 04 05 01 request of assistance from Spain (Cataluña) and Portugal (Norte-Centro) to face problems in the textile sector due to structural changes in world trade (redundancy of staff in textile companies). Decrease from line 04 02 17 is justified on the basis of the current level of implementation and forecasts up to the end of the year that allow the necessary payment appropriations to be transferred to GF. This transfer is linked to the related legislative proposal for the mobilisation of the Globalisation Fund presented by the Commission (see under point 12 of COBUNEWS). DEC 19/2009 - (See transfer in annex n°5). Reinforcement of Sub-heading 3a - Deadline for the EP to provide its position 12 August 2009 - adopted in Council on 6 July. Contents: Decrease of global EUR 61 million payments from line 06 06 01 01 -Research related to energy (- 54 Mio EUR) and line 18 05 09 Prevention and fight against crime (-7 Mio EUR) to increase 4 lines under chapter 18 03 - Mi-gration flows - Common immigration and asylum policy. The increase concern lines 18 03 03 European Refugee Fund), (+5,2 Mio EUR) 18 03 04 Emergency Measures in the event of mass influxes of refugees (+2,4 Mio EUR), 18 03 09 European Fund for the Integration of Third-country Nationals (+24,4 Mio EUR) and 18 03 10 European Return Fund (+29 Mio EUR). Reasons of the transfer Increase

Cobu News 11/2009 page 6 of 29

Increase Heading 18 03 03 European Refugee Fund (+5,2 Mio EUR) The Commission informs that before the end of July this Heading will need payment appropriations for a total of 69,5 Mio EUR to cover 21.1 Mio EUR for the pre-financing of the 2008 annual programmes of Member States adopted by the Commission at the end of 2008. The obligation of 39,8 Mio EUR (29,7 have already been paid) is greater than the available appropriations (34,5 Mio EUR). Therefore 5,2 Mio EUR are needed. Increase Heading 08 03 04 - Emergency measures in the event of ass influxes of refugees (+2.4 Mio EUR) Malta will ask for financial assistance for emergency meas-ures for 3 Mio EUR. Pre-financing of emergency measure is set at 80% of the total request. Therefore an increase of 2.4 Mio EUR is requested. Increase Heading 18 03 09 European Fund for the Inte-gration of Third-country Nationals (24.4 Mio EUR) The Commission informs that before the end of July this Heading will need payment appropriations for a total of 83,4 Mio EUR to cover 33.9 Mio EUR for the first pre-financing of the 2007 and 2008 annual programmes of Member States adopted by the Commission at the end of 2008, out of which 32.5 Mio EUR has been paid so far and 49.5 Mio EUR for pre-financing of the 2009 annual programmes of Member States. The adoption procedure for these programmes is quite advanced (already 9 annual programmes out of 27 adopted to date) and all annual programmes will be adopted by the end of July and then the Commission has 60 days to honour its payment obli-gations. 17 Mio EUR has been paid so far. The remaining obligations of 33.9 Mio € (83.4 Mio EUR minus 49.5 Mio EUR already paid) are greater than the available appropriations amounting to 9.1 Mio EUR Therefore additional 24.4 Mio EUR is requested. Increase Heading 18 03 10 - European Return Fund (+29 Mio EUR) The Commission informs that two transfers have been made in the beginning of May and June from this budget line to cover a shortage of payment appropriations on budget line 18 03 08: Completion of return management in the area of migration (2.2 Mio EUR) and 18 03 12: Mi-gration management – Solidarity in action (5.0 Mio EUR). An amount of 26.3 Mio EUR has been used for the first pre-financing of the 2008 annual programme adopted during the first quarter of 2009. At this stage, the needs of payment appropriations before the end of July are esti-mated at 33.5 Mio EUR for the first pre-financing of the 2009 annual programme out of which 3,6 Mio EUR has been paid so far. The remaining obligations of 29.9 Mio EUR are greater than the available appropriations amounting to 0.9 Mio EUR. Therefore additional 29 Mio EUR is requested.

Decrease Decrease from line 06 06 01 01 - Research related to Energy The EP increased the payments appropriation for this line of 62 million. Out of this amount, the commission is only going to be able to spend 8 million. Therefore it is proposed to make 54 Mio EUR available for other budget lines. Decrease from line18 05 09 - Prevention and fight against crime First call for proposal for the specific Programme "Preven-tion and fight against crime" did not get enough response. Need to re-launch the call in the second semester of 2009. DEC 20/2009 - (See transfer in annex n°6). Humanitarian aid - Pakistan and Somalia - Deadline for EP to provide its position 17 August 2009 - adopted in Council on 15 July. Content: decrease of 65 Mio EUR from line 40 02 42 - Emergency reserve to increase line 23 02 01 Humanitarian aid (+ 45 Mio EUR) in favour of Pakistan and line 23 02 02 Food Aid (+20 Mio EUR) in favour of Somalia. Reasons of the Transfer: Two major crises have occurred, and their humanitarian consequences need to be mitigated thanks to substantial additional funding. In particular hu-manitarian assistance to Internally Displaced People (IDP) in Pakistan following Taliban insurgency in Swat and wors-ening of the IDP and global humanitarian situation in So-malia due to resumption of fighting. As the deployment option within Heading 4 was not possi-ble, the Commission presents a transfer request from Emergency Aid Reserve. DEC 21/2009 - (See transfer in annex n°7). Aid to Afghanistan - Deadline for EP to provide its position 24 August 2009 TBC - adopted in Council on 15 July. Content: release of a reserve from line 40 02 41 - 40 02 41 01 Reserve for financial interventions - Differentiated ap-propriations (- 16 Mio EUR) to increase line 19 10 01 02 Aid for the rehabilitation and reconstruction of Afghani-stan. Reasons of the transfer: In the Budget 2009 the EP has placed EUR 16 million of commitments appropriations foreseen for Afghanistan into reserve to be released on the following condition: “reserve can be lifted once the visibility of as-sistance provided by the EU has improved; to this end, the Commis-sion is expected to present a plan by March 2009. EU financial assis-tance for rehabilitation and reconstruction of Afghanistan should be increased, be more effective and better balanced between provinces of Afghanistan. The Presidential elections in 2009 are very important for the future and democracy building in Afghanistan. The European Consensus commits the EU to mainstreaming disaster risk reduction

Cobu News 11/2009 page 7 of 29

in its development policy based on ownership and on the national strategies of disaster-prone countries. This should also be reflected in the budget." The Commission now provides all necessary information on the basis of which the reserve should be released. DEC 22/2009 - (See transfer in annex n°8). Cooperation with Iraq - Deadline for EP to provide its position 24 August 2009 TBC - adopted in Council on 15 July. Content: release of a reserve from line 40 02 41 - 40 02 41 01 Reserves for Financial Interventions Differentiate ap-propriations (-12,40 Mio EUR) to increase line 19 10 03 - Cooperation with Iraq, Iran and Yemen. Reasons of the transfer: In the EU Budget 2009 the EP has placed EUR 12,40 Mio EUR of commitment appro-priations foreseen for Iraq into reserve to be released on the condition that 20% of the assistance allocated for Iraq should be used under direct management of the EC dele-gation on the ground. The reserve can be lifted once the Commission has informed the Parliament accordingly. DEC 23/2009 - (See transfer in annex n°9). Consumer Policy - Deadline for EP to provide its posi-tion 24 August 2009 TBC - adopted in Council on 15 July. Content: decrease of payments from line 17 03 01 01 - Completion of the Public Health Programme (2003-2008) (- 4,5 Mio EUR) to increase line 17 02 02 - Community action in the field of consumer policy. Reasons of the transfer: Increase of line 17 02 02: postponement of payments due for the end of 2008 to year 2009 Decrease of line 17 03 01 01: payments being made later than was provided for in the plans used to draw up the 2009 budget, and also total amount of payments is lower than the amount initially envisaged (due to financing agreements still being implemented; recipients wish to extend the duration of the convention in order to be able to complete the necessary work properly; in the majority of the conventions which were fully completed, the total amounts paid are generally lower than the budgets which had been agreed initially between the parties). DEC 24/2009 - (See transfer in annex n°10). (ex DEC 5) Acquisition of Buildings - Deadline for EP to provide its position 24 August 2009 TBC - the Council decided not to take any decision on this issue. Content: release of a reserve of 10, 25 Mio EUR from Title 40 01 40 to line 26 01 22 02 Acquisition and renting of building in Brussels.

Reasons of the transfer: the EP put in reserve the amount of 10, 25 Mio EUR for acquisition and renting of building in Brussels. The Commission presented the request to re-lease the reserve in DEC5/2009, which COBU rejected in order to get more information from the Commission con-cerning the development of the building policy. Now the Commission comes with new information and believes the information provided should let the reserve be released.

14. 2009 BUDGET - OTHER SECTIONS

Rapporteur: Janusz Lewandowski - EP: C11 (see transfer in annex n°11) - Court of Justice: 2-3 (see annex n°12) - Possible other transfer requests BUILDING POLICY

15. STATE OF APPROVAL ON THE

MANAGEMENT AND CONTROL

SYSTEMS AND MAJOR PROJECTS FOR

HEADING 1B Since last autumn, the Commission has informed the Committee on Budgets about the state of approval in the field of Management and Control Systems (MCSs) and Ma-jor Projects (MPs) for heading 1b on a monthly basis. The Commission has transmitted a report to the committee every month this year (see the reference to the latest docu-ment in Annex). By the beginning of July 2009, Member States have submitted descriptions of MCS for 93% of their operational programmes but only 52% of the MCSs have been accepted by the Commission, which is a precondition for making intermediate payments. The Commission is invited to answer possible questions by the Members about the implementation of the structural policy as a form of monitoring of the structural fund related credits. The Committee on Budgets could hold exchanges of views on the state of approval in presence of the Commission on a regular basis.

Cobu News 11/2009 page 8 of 29

16. CONSULTATION CONCERNING

THE JEAN MONNET BUILDING IN

LUXEMBURG AND THE POSSIBLE

PURCHASE OF THE TREVES 1

BUILDING The consultations made under Article. 179(3) require the budgetary authority to decide, firstly, whether it wishes to draw up an opinion or not. If it decides not to, the Com-mission can go ahead. If it does wish to draw up an "opinion", this would then be considered at a future meeting. Today, COBU could therefore decide whether it wishes or not to draw up such an opinion. According to Article 179, the budget authority should react within two weeks to such consultations. The formal deadline has therefore already passed since long, although, in practice, the Institution(s) would normally wait until the matter had been considered. This consultation concerns whether the budget authority is willing to authorise: A) The conclusion of a lease for the Commission's main building complex in Luxembourg (Jean Monnet buildings) situated on the plateau Kirschberg, in the immediate vi-cinity of the other Institutions, including the Parliaments buildings, and totaling some 120.000 m². This lease would run until 2014, at which time new buildings (Jean Monnet 2) are foreseen to be ready. B) The initiation of a process whereby, after 2014, it would be foreseen to move into new buildings. At this present stage, the consultation concerns the start-up of that process, most notably the organisation and evaluation of an architects' competition. The costs for this should not go above EUR 1 million. The modalities for this pro-ject beginning is set out in a Memorandum of Under-standing between the Commission and the Luxembourg State, which will be signed if the go ahead is given from the budget authority. Financial aspects Concerning the 4-year lease, the amounts appear to be in line with 'normal prices'. The OIB (Office for Infrastruc-ture in Luxembourg) should be present during the meet-ing and could comment the prices set out in the file. For the future building complex, it would appear that the current consultation, in formal terms, only goes as far as authoring an architects' competition and the subsequent costing proposals. It would appear important to verify

that, at such time, both Parliament and Council will have a renewed opportunity to be consulted on the real project as such, presumably running into the 100s of millions. It could be important to have an assurance that this re-consultation would take place before any further legal commitments are taken and any calls for tenders are launched. The Commission (OIB) could be asked about such a formal commitment. AGENCIES

17. MEETING WITH THE TROIKA OF

DECENTRALISED AGENCIES

(COORDINATOR: EUROPEAN FOOD

SAFETY AUTHORITY (EFSA)) Due to the electoral recess period, COBU could not organ-ise the traditional annual meeting with decentralised agen-cies. Instead, a reduced meeting with the troika of decentral-ised agencies, currently coordinated by the European Food Security Agency (EFSA), will take place during the next committee meeting. The goal of the meeting is to discuss the implications of the amounts proposed in the PDB by the Commission and of the modifications proposed by the Council in the DB and to listen to the expectations of the agencies concerning next year's budget. It could be recalled that the PDB proposes a global amount of EUR 660.667.846 in commitments and EUR 622.404.896 in payments for the whole of the 30 decentralised agencies existing or foreseen for 2010 (including EUROPOL, which should be integrated in the EU budget for the first time, and The Office (BEREC), EACER and EASO, whose creation was recently agreed by the legislative authority). This repre-sents an increase of 13,86% (+ EUR 80.407.846) in com-mitments and 7,50% (+ EUR 43.398.896) in payments compared to 2009 budget (see annex n°13). Concerning posts, the total number of authorised posts for decentralised agencies foreseen in the PDB reaches 5 027 + 833 contract agents and 301.5 seconded national experts (total: 6 211.5). This means an increase of 816 authorised posts, but newly integrated EUROPOL alone would repre-sent 453 of these new posts (while The Office would have only 10, ACER 25 and EASO 24). The rest would mainly go to ECHA (+102), EASA (+64), EMEA (+37) ECDE (+30), FRONTEX (+26) and ACER (+25).

Cobu News 11/2009 page 9 of 29

On its DB, the Council cut all the credits concerning new posts for all the agencies except FRONTEX and the new agencies to be created/budgetised in 2010 (EUROPOL, EASO, The OFFICE and EACER), reducing the global amount for decentralised agencies proposed by the Com-mission by EUR 17.709.000 in commitments (-2,68%) and in payments (-2,93%). EP's delegation to the conciliation of the last 10 July al-ready express the difficulties of PE in accepting such horizontal blind cuts that do not take into consideration the specific situation of each agency (Were they assigned new tasks? Are they in a start-up or cruising-speed phase?). Another issue that could be raised concerns the best way to deal with assigned revenues of agencies which are par-tially finances by fees depending of the evolution of the market. Finally, it should be stressed that no procedure was yet launched on the basis of article 47 IIA (which provides that a timely agreement must be reached on the financing of any new agency by the two branches of the budgetary

authority) concerning EUROPOL, and that no final agree-ment on the basis of such procedure was yet announced concerning EASO, The Office and BEREC. Jutta Haug (PSE/DE) fulfilled the tasks of standing-rapporteur on agencies during last legislature. It is up to the new Committee on Budgets to decide on whether it wishes to nominate again a general standing-rapporteur for agen-cies (as for other domains) as well as to indicate to whom this responsibility shall be attributed.

18. ANY OTHER BUSINESS

19. Date of next meeting Tuesday, 1 September, 15:00 - 18:30 Wednesday, 2 September, 9:00 - 12:30

Cobu News 11/2009 page 10 of 29

Annex 1 (point 2)

Cobu News 11/2009 page 11 of 29

Annex 2 (point 3)

1 2 3 4 L PPE 16/16 1 2 3 4 L PPE 16/16FR M. ABAD Damien (FR) ANT IT M. ANTINORO Antonello (IT)

BOGDE M. BÖGE Reimer (DE) BENDA M. BENDTSEN Bendt (DK)COL IT M. COLLINO Giovanni (IT) BONIT M. BONSIGNORE Vito (IT)DEHNL M. DEHAENE Jean-Luc (BE) CARPT Mme CARVALHO Maria Da Graça (PT)FERPT M. FERNANDES José Manuel (PT) DANFR M. DANJEAN Arnaud (FR)GARES M. GARRIGA POLLEDO Salvador (ES) GRUFR Mme GRUNY Pascale (FR)GRADE Mme GRÄßLE Ingeborg (DE) HANHU Mme HANKISS Ágnes (HU)HOHDE Mme HOHLMEIER Monika (DE) JAHDE M. JAHR Peter (DE)JED PL LAV IT M. LA VIA Giovanni (IT)LAMFR M. LAMASSOURE Alain (FR) OLBPL M. OLBRYCHT Jan (PL)LEWPL M. LEWANDOWSKI Janusz (PL) RUBDE M. RÜBIG Paul (AU)MAT IT Mme MATERA Barbara (IT) SALES M. SALAFRANCA SÁNCHEZ-NEYRA José Ignacio (ES)MIK BG SARPL M. SARYUSZ-WOLSKI Jacek (PL)RIQ FR M. RIQUET Dominique (FR) STASK M. ŠŤASTNÝ Peter (SK)SILVIT STORO M. STOLOJAN Theodor Dumitru (RO)SURHU M. SURJÁN László (HU) VOSDE M. VOSS Axel (DE)

1 2 3 4 L S-D 11/11 1 2 3 4 L S-D 10/11BAL IT Mme BALZANI Francesca (IT) DAEFR M. DAERDEN Frederic (BE)COZ IT M. COZZOLINO Andrea (IT) GERPLFARSV M. FÄRM Göran (SV) GREMT M. GRECH Louis (MT)GARES Mme GARDIAZÁBAL RUBIAL Eider (ES) GUAIT M. GUALTIERI Roberto (IT)GEI DE M. GEIER Jens (DE) IVA RO M. IVAN Cătălin Sorin (RO)GREFR Mme GRELIER Estelle (FR) KREDE Mme KREHL Constanze Angela (DE)HAUDE Mme HAUG Jutta (DE) LEF FR M. LE FOLL Stéphane (FR)HAVCS M. HAVEL Jiří (CS) STAEL M. STAVRAKAKIS Georgios (EL)HERHU Mme HERCZOG Edit (HU) STEDE Mme STEINRUCK Jutta (DE)KALBG M. KALFIN Ivaylo (BG) VAUEN M. VAUGHAN Derek (UK)MANSK M. MAŇKA Vladimír (SK) 1 2 3 4 L ALDE 3/5

1 2 3 4 L ALDE 5/5 BUSRO M. BUŞOI Cristian Silviu (RO)ALVDE M. ALVARO Alexander (DE) GERNL M. GERBRANDY Gerben-Jan (BE)GODLV M. GODMANIS Ivars (LV) MANFI Mme MANNER Riikka (FI)HAGSV M. HAGLUND Carl Christoffer (FI) 1 2 3 4 L Verts/ALE 2/3JENDA Mme JENSEN Anne E. (DK) ALF FR M. ALFONSI François (FR)KOZSK M. KOZLÍK Sergej (SK) BRADE

1 2 3 4 L Verts/ALE 3/3 1 2 3 4 L GUE/NGL 1/2COHDE M. COHN-BENDIT Daniel (DE) KLUDE M. KLUTE Jürgen (DE)DURFR Mme DURANT Isabelle (BE)TRUDE Mme TRÜPEL Helga (DE)

ANDES Mme ANDREASEN Marta (ES)BEL NL M. BELDER Bastiaan (BE)

BOKHU M. BOKROS Lajos (HU)ELL EN M. ELLES James (UK)WLOPL M. WŁOSOWICZ Jacek (PL) GOLFR M. GOLLNISCH Bruno (FR)

1 2 3 4 L GUE/NGL 2/2PORPT M. PORTAS Miguel (PT)REMCS M. REMEK Vladimír (CS)

1 2 3 4 L EFD 1/2MORIT M. MORGANTI Claudio (IT) 1

1 2 3 4 L NI 2/2 2

STONL M. VAN DER STOEP Daniël (BE) 3

WE DE Mme WERTHMANN Angelika (AU) 4

M. ALVARO Alexander (DE, ALDE)M. DEHAENE Jean-Luc (BE, PPE)M. KALFIN Ivaylo (BG, S-D)

PARLEMENT EUROPEEN(C04 BUDG) Commission des Budgets

Alain Lamassoure (FR, PPE)Vice-Présidents

Mme HAUG Jutta (DE, S-D)

TITULAIRES (44) SUPLEANTS

Président

Mme JĘDRZEJEWSKA Sidonia Elżbieta (PL)

Mme MIKHAYLOVA Nadezhda Nikolova (BG)

M. SILVESTRIS Sergio Paolo Francesco (IT)

Mme BRANTNER Franziska Katharina (DE)

Mme GERINGER DE OEDENBERG Lidia Joanna (PL)

EFD 2/2

1 2 3 4 L NI 1/2

2 3 4 L

L ECR 3/3

1

1 2 3 4

Cobu News 11/2009 page 12 of 29

Annex 3 (point 4)

European Parliament declarations issued during the conciliation of the 1st reading of the budgetary procedure for 2010

Implementation of the 2009 Budget (Budget Forecast Alert) The European Parliament is concerned about the situation of implementation of the 2009 Budget as described in the most recent Budget Forecast alert, in particular commitments under headings 3a and 3b and payments under headings 1a, 3a, 3b and 5. It stresses the importance of progressing according to the implementing schedule foreseen in the PDB. The European Parliament asks the Commission to present by 31 August 2009 a report providing more detailed information concerning the reasons (structural, organisational, managerial, procedural) of the delays registered in the implementation of each programme or policy area concerned. The European Parliament also requests to the Commission to provide justifications for each programme or policy area where implementa-tion diverts from the decisions taken by the budgetary authority in the 2009 Budget. The simplification and a more targeted use of Structural funds in the context of the economic crisis The European Parliament recalls the joint declarations of the three institutions on the implementation of the Cohesion policy of November 2008 and April 2009 and underlines the necessity to continue the efforts for accelerating the implementation of structural and cohesion funds. It considers that the progress made in the simplification of assessment, approval and management procedures has been insufficient, which is demonstrated in the low approval rate of Management and Control Systems (MCSs) and Major Projects (MPs). It urges the Com-mission to continue its efforts to simplify implementing procedures in close cooperation with Member States and in particular, to speed up the approval of MCSs and MPs, and thus accelerate payments while respecting the N+2 rule. The EP believes that all opportunities provided by the use of Structural Funds including the adaptation or revision of the operational pro-grams could be mobilised for more targeted actions that facilitate overcoming the effects of the economic crisis, particularly those which support growth and competitiveness and limit job losses, and invites Member States to use this possibility. Calls on the Commission to en-courage and enable by means of efficient and fast procedures the use of all measures foreseen by the Structural Funds regulations aimed at supporting growth and employment. Moreover EP recalls the importance of full and efficient use of the available appropriations. Payment appropriations "The European Parliament and the Council ask the Commission to submit an amending budget if the appropriations entered in the 2010 budget are insufficient to cover expenditure under a specific heading, where necessary." Heading 4 The European Parliament notes the Commission's intention to present a letter of amendment to the 2010 PDB covering, at a later stage, additional needs in the field of external actions, especially the priorities covered by previous letters of amendment and those referred to in the European Council conclusions of June 2009. The European Parliament recalls that, during the budget conciliation procedure on 21 November 2008, the Commission committed itself to present an assessment of the situation within heading 4 accompanied, if necessary, by relevant proposals. It expects the Commission to accompany the Amending Letter by a multiannual assessment of the needs in this area.

Cobu News 11/2009 page 13 of 29

Annex 4 (point 13: DEC 18/2009)

Transfers, Section III - Commission Rapporteur: Jutta Haug

Consideration of Transfer request: DEC 18 (Globalisation Fund)

FROM CHAPTER - 0402 European Social Fund ARTICLE - 04 02 17 European Social Fund (ESF) – Convergence Payments - 4.139.550 CHAPTER - 4002 Reserves for financial interventions ARTICLE - 40 02 43 Reserve for the European Globalisation Adjustment Fund Commitments - 4.139.550 TO CHAPTER - 0405 European Globalisation Adjustment Fund (EGF)

ARTICLE - 04 05 01 European Globalisation Adjustment Fund (EGF) Commit-ments 4.139.550

Payments 4.139.550

Deadline :

Grounds given by the Commission The Commission has received new applications for assistance since the Fund was set up by Regulation (EC) 1927/2006 of 19 December 2006. The purpose of this transfer is to provide commitment and payment appropriations for line 04.050100 (European Globalisation Adjustment Fund (EGF)) to meet two requests for assistance: one from Spain (Catalunya) and one from Portugal (Norte-Centro). This transfer request covers the EUR 4 139 550 required for two cases in the textile sector. The first case was submitted by the Spanish authorities. In Catalunya almost 1 720 persons have been made redundant following a sharp increase in textile products imported from Asia and North Africa. The second case was submitted by the Portuguese authorities. In the Norte-Centro region almost 1 588 persons have been made redundant because of the relocation of production in Asia and Turkey. The redundancies follow the major structural changes in world trade leading to considerable economic distortion. This transfer request is linked to the request for mobilisation of the European Globalisation Adjustment Fund adopted by the Commission on 24/06/2009 [SEC(2009)824], [SEC(2009)826]. The current level of implementation for this budget line and forecasts up to the end of the year allow the necessary payment appropriations to be transferred to finance the proposed assistance from the Globalisation Fund. Under point 28 of the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management, the reserve for the European Globalisation Adjustment Fund is intended to provide additional support for workers who suffer from the consequences of major structural changes in world trade patterns, to assist them with their reintegration into the labour mar-ket. This request for the transfer of EUR 4 139 550 covers the assistance requested for one Spanish region (EUR 3 306 750) and one Portuguese region (EUR 832 800) following major structural changes in world trade in the textiles sector.

Cobu News 11/2009 page 14 of 29

Annex 5 (point 13: DEC 19/2009)

Transfers, Section III - Commission Rapporteur: Jutta Haug

Consideration of Transfer request: DEC 19 (JLS - Reinforcement Subheading 3a)

FROM CHAPTER - 0606 Research related to energy and transport ITEM - 06 06 01 01 Research related to energy Payments - 54 000 000 CHAPTER - 1805 Security and safeguarding liberties ARTICLE - 18 05 09 Prevention of and fight against crime Payments - 7 000 000

TO CHAPTER - 1803 Migration flows — Common immigration and asylum policies ARTICLE - 18 03 03 European Refugee Fund Payments 5 200 000 ARTICLE - 18 03 04 Emergency measures in the event of mass influxes of refugees Payments 2 400 000 ARTICLE - 18 03 09 European Fund for the Integration of Third-country Nationals Payments 24 400 000 ARTICLE - 18 03 10 European Return Fund Payments 29 000 000

Deadline : 12/08/2009

Grounds given by the Commission One transfer has been made in January 2009 from this budget line to cover a shortage of payment appropriations on budget line 18 03 04: Emergency measures in the event of mass influxes of refugees for the pre-financing of the 2008 emergency measures for Italy and Greece, adopted by the Commission towards the end of 2008. At this stage, the needs of payment appropriations before the end of July are estimated at 69.5 M€, summarised as follows:

• 21.1 M€ for the pre-financing of the 2008 annual programmes of Member States adopted by the Commission at the end of 2008, out of which 18,0M€ has been paid so far.

• 48.4 M€ for the pre-financing of the 2009 annual programmes of Member States. The adoption procedure for these

programmes is quite advanced (already 12 annual programmes out of 27 adopted to date) and all annual programmes will be adopted by the end of July and then the Commission has 60 days to honour its payment obligations. 11.7 M€ have been paid so far.

In addition 1.7 M€ have been used for the second pre-financing of the 2007 annual programmes of Member States. The remaining obligations of 39.8 M€ (69.5 M€ minus 29.7 M€ already paid) are greater than the available appropriations amounting to 34.5 M€. Therefore additional 5.2 M€ is requested. This budget line has already been reinforced by way of transfer of 2.4 M€ to cover a shortage of payment appropriations. These have been used to pay the pre-financing of the 2008 emergency measures for Italy and Greece adopted by the Commis-sion towards the end of 2008. For the 2009 emergency measures, Malta has already announced its intention to ask for financial assistance. The request is ex-pected in end June or in July and will amount 3 M€. The Commission decision should be adopted by July/August. Pre-financing of emergency measures amount to 80% of the total financial assistance; that is why a reinforcement of 2.4M€ is requested. At this stage, the needs of payment appropriations before the end of July are estimated at 83.4 M€, summarised as follows:

Cobu News 11/2009 page 15 of 29

• 33.9 M€ for the first pre-financing of the 2007 and 2008 annual programmes of Member States adopted by the Com-

mission at the end of 2008, out of which 32.5 M€ has been paid so far.

• 49.5 M€ for pre-financing of the 2009 annual programmes of Member States. The adoption procedure for these pro-grammes is quite advanced (already 9 annual programmes out of 27 adopted to date) and all annual programmes will be adopted by the end of July and then the Commission has 60 days to honour its payment obligations. 17 M€ has been paid so far.

The remaining obligations of 33.9 M€ (83.4 M€ minus 49.5 M€ already paid) are greater than the available appropriations amounting to 9.1 M€. Therefore additional 24.4 M€ is requested. Two transfers have been made in the beginning of May and June from this budget line to cover a shortage of payment appro-priations on budget line 18 03 08: Completion of return management in the area of migration (2.2 M€) and 18 03 12: Migration management – Solidarity in action (5.0 M€). An amount of 26.3 M€ has been used for the first pre-financing of the 2008 annual programme adopted during the first quarter of 2009. At this stage, the needs of payment appropriations before the end of July are estimated at 33.5 M€ for the first pre-financing of the 2009 annual programme out of which 3,6M€ has been paid so far. The remaining obligations of 29.9 M€ are greater than the available appropriations amounting to 0.9 M€ Therefore additional 29.0 M€ is requested. In the course of the 2009 budget procedure, the European Parliament added 62 M€ in additional payment appropriations on this budget line. The Commission will be able to spend only 8 M€ of such an additional amount. Therefore the remaining 54 M€ can be made available to reinforce other budget lines. The first call for proposals for the specific programme "Prevention of and Fight against Crime" under the 2009 Annual Work Programme did not elicit a sufficient response and the call will be re-launched in the second semester of 2009. Therefore the Commission estimates that the pre-financing payments for the projects selected from this re-launched call will only be made in early 2010 and that an amount of 7.0 M€ can be used to reinforce other lines of the budgetary chapter 18 03

Cobu News 11/2009 page 16 of 29

Annex 6 (point 13: DEC 20/2009)

Transfers, Section III - Commission Rapporteur: Jutta Haug

Consideration of Transfer request: DEC 20 (Aid to Pakistan and Somalia)

FROM CHAPTER - 40 02 RESERVES FOR FINANCIAL INTERVENTIONS ARTICLE 40 02 42 Emergency aid reserve Commitments - 65 000 000 Payments 0

TO CHAPTER - 2302 Humanitarian aid including aid to uprooted people, food aid and disaster preparedness

ARTICLE - 23 02 01 Humanitarian aid Commitments 45 000 000 Payments 0 ARTICLE - 23 02 02 Food aid Commitments 20 000 000 Payments 0

Deadline : 17/08/2009

Grounds given by the Commission IMPLEMENTATION OF THE HUMANITARIAN AID BUDGET IN 2009 At present the implementation rate of commitment appropriations (CA) of the three budget lines within the humanitarian aid budget is:

• at 83% for the main humanitarian aid budget line (budget line 23 02 01); • at 80% for the food aid budget line (budget line 23 02 02); • at 81% for the budget line on disaster preparedness (budget line 23 02 03).

This high implementation rate is in conformity with the operational strategy and budgetary planning for 2009 established by the European Commission's DG for Humanitarian Aid (DG ECHO). Based on its humanitarian needs assessment, DG ECHO establishes, for the protracted crises, a preliminary budget allocation at country level for the year ahead. In line with the Council and European Parliament orientations, at least 15% of the initial operational budget line remains unallocated to address changing priorities and new emerging needs. DG ECHO's operational strategy and budgetary planning for 2009 was presented to the Member States in the Humanitarian Aid Committee meeting of 14 November 2008, to the Council of the European Union (CODEV Committee) on 8 December 2008 and to the European Parliament on 21 January 2009 (DEVE Committee). 80% of the budget was allocated to the protracted crises and for the large majority of these allocations funding decisions have been launched in the first months of the calendar year and this in accordance with the budgetary planning. A substantial part of the initially unallocated amount of the initial budget has already been used to intervene in new or worsening crises, such as the cholera outbreak in Southern Africa, the conflict in North and East Sri Lanka, the victims of the drought in the Palestinian Territories and Syria, additional humanitarian assistance to the vulnerable population in the Democratic Republic of Congo, the conflict in Pakistan and a series of small scale natural disasters (resulting mainly from floods and hurricanes). Almost all remaining funds are allocated for already planned or foreseeable interventions. The foreseeable interventions include: a) a margin of € 30 million for natural disasters. Due to climate reasons the majority of small scale natural disasters nor-mally take place in the second half of the year as monsoonal rains, typhoons and cyclones leading to high winds and flooding particularly in South Asia, Central America and the Caribbean Region. b) a minimal monthly margin to intervene in other unforeseen small scale disasters or new or worsening crisis during the remaining 6 months of the year. After deduction of the planned and foreseeable interventions the available margin of unallocated funds stands at € 20 million.

Cobu News 11/2009 page 17 of 29

The European Commission is now faced with two major humanitarian crises which require a substantial additional funding:

• € 65 million is needed for humanitarian assistance to the population affected by the military conflict in Pakistan. The number of Internally Displaced People (IDPs) is currently estimated at approximately 2 million. In order to to meet the most urgent needs for the victims of this conflict the Commission is already preparing an additional funding decision of € 20 million, using the remaining available funds under the Humanitarian Aid Budget for 2009. This leaves a funding gap of € 45 million for further assistance (€25 million for Humanitarian Aid and €20 million for Food Aid);

• € 20 million for the worsening conflict in Somalia (Humanitarian Aid), where the resumption of the heavy fighting in Mogadiscio has led to a high increase in the number of displaced persons.

Due to the lack of margin under Heading 4 and after having explored any possibilities for redeployment within the heading, the Commission submits this proposal for mobilisation of €65 million of commitments appropriations (CA) from the Emergency Aid Reserve in order to respond to the emergency situation in Pakistan (€45 million) and Somalia (€20 million). The corresponding amount in payment appropriations (PA), i.e. 70% of the amount in CA, will be covered from the funds currently available on the budget lines for Humanitarian Aid and Food Aid. More detailed assessment of the needs in PA on those budget lines will be made in autumn 2009, when the Commission reserves the possibility, if necessary, of presenting to Budget Authority a demand for reinforcement of PA in line with the progress made in budget implementation. As already mentioned in the introduction, the emergency situation in Pakistan and Somalia require additional funding for both countries. According to the estimates, for Pakistan €65 million is needed in total, while €20 million will be taken from the avail-able funds under Humanitarian Aid budget. The remaining €45 million for both Humanitarian Aid (€25 million) and Food Aid (€20 million) are proposed to be provided from the Emergency Aid Reserve. After the use of the available €20 million from the Humanitarian Budget 2009 in favour of Pakistan, there are no other funds available, therefore the total needs for Somalia (€20 million) are proposed to be provided from the Emergency Aid Reserve. The table below provides an overview of the demand both for Pakistan and Somalia. In order to provide a full picture of the situation, the corresponding needs in payment appropriations are mentioned in this table, but do not constitute a subject of this demand. As mentioned in the introduction, the PA available in the Humanitarian Aid budget are currently sufficient to satisfy these needs. The Emergency Aid Reserve (EAR) is intended to allow a rapid response to the specific aid requirements of third countries fol-lowing events which could not be foreseen when the budget was established, first and foremost for humanitarian operations, but also for civil crisis managements and protection where circumstances so require (Point 25 of the Inter-institutional Agreement of 17 May 2006). The proposed mobilisation of the EAR will provide a rapid response to the victims of the conflict in: A. Pakistan

• €45 million CA in total, out of which: • €25 million will be transferred to the budget line 23 02 01 (Humanitarian Aid) and €20 million will be transferred to the

budget line 23 02 02 (Food Aid). B. Somalia

• €20 million CA in total will be transferred to the budget line 23 02 01 (Humanitarian Aid) Detailed justifications for proposed transfers A. PAKISTAN 1. Context Since August 2008, military interventions resulting from increased insurgency activity in FATA (Federally Administered Tribal Areas) and NWFP (North Western Frontier Province) in Pakistan have led to successive waves of population displacements from the conflict-affected areas to NWFP districts mainly around Peshawar. On February 16th 2009, the government signed the Malakand Accord with the Taliban, after two years of fighting which had seen the Taliban gain control over the area. This agreement included a cease fire in Swat (between the Taliban and the army) and the imposition of Sharia law in the districts of Malakand, Swat, Shangla, Buner, Dir, Chitral, and Kohistan. Following violations of the accord by the Taliban, the military launched an offensive in Dir and Buner. The Taliban advanced from Swat into Buner in early April 2009 and took over the district in eight days. Negotiations were held that led to the local resistance being stopped in return for a commitment from the Taliban to withdraw from the area. However, the Taliban did not honour this commitment. Following the operation in Buner district, the Taliban retaliated through an offensive in Swat, targeting checkpoints, NGO of-

Cobu News 11/2009 page 18 of 29

fices and the like. The Taliban entered the city of Mingora (approx. 500,000 inhabitants), occupying the main buildings and even-tually laying siege to the army headquarters in Mingora on May 5th. On May 6th, the army started operations in Mingora city and nearby areas. On May 8th, the military launched an offensive in Swat and Buner districts. DG ECHO first mobilised € 1,5 million in October 2008 to respond to the crisis and following an assessment mission in March 2009 recommended the adoption of a further € 5,5 million decision to respond to the further displacement of population (around 500,000 at that time). 2. Why are additional funds necessary of humanitarian action for Pakistan? Following the military operations in Swat and Buner districts (NWFP) beginning of May 2009, huge displacements of civilians took place from the affected areas. The IDPs (Internally Displaced People) are mainly coming from Bajaur (some have been displaced since August 2008), Lower Dir, Buner, Malakand and Swat. According to the latest information, the figures stands at approximately 2 million IDPs with about 265,000 people in camps and some 100,000 in improvised settlements. Nevertheless, the vast majority are staying with host families – a few in rented accom-modation, and some in public buildings such as schools. This puts huge pressure on already very vulnerable and poor popula-tions and on the public infrastructures and services. In addition, some 230,000 people might still be trapped in the conflict zone, facing shortages of food, water and essential ser-vices due to the curfew imposed by the military. An ECHO assessment mission was sent to Pakistan from 29 May to 5 June and had the opportunity to assess the needs in the field by visiting camps, humanitarian hubs, schools and host families in the NWFP (Mardan, Swabi, Peshawar and Nowshera districts). The scale and urgency of the needs have been confirmed together with the need for a quick response. The Humanitar-ian Community is facing an unprecedented displacement of population in Pakistan in such a short time frame (1,5 million people within a month). The United Nations launched a revised Humanitarian Action Plan on 21 May requesting U$ 544 million (on which only 20 % have been met so far), ICRC (International Committee of the Red Cross) revised its emergency appeal and requested a further € 40 million (in addition to the already existing revised budget for Pakistan of € 34.7 million). IFRC (International Federation of the Red Cross) launched at the same time an appeal for €15.76 million and international NGOs, very active in the field, have already indicated that they will have to stop their interventions by July if no further funding is made available. In view of the situation described above, and based on the findings of the ECHO mission, DG ECHO immediately released € 20 mill from the still available margin within its budget to respond to the most immediate basic needs but given the scale of the crisis, a more substantial response is necessary. The humanitarian situation might further deteriorate in the weeks to come with further displacements of population, potential scale–up of the conflict in other FATA areas such as Waziristan, not to mention the people trapped in the conflict zones that are in need of assistance and the premature return of part of the IDPs in areas which have been the scene of conflict and which have no more electricity and water, no public services such as health and education. 3. Priority needs Priority requirements in terms of humanitarian action in Pakistan relate to the following sectors: • Food assistance for both displaced population and population trapped in the conflict zones • Protection of civilian population , at the same time to prevent violation of humanitarian international law and forced return

of displaced people • Camp management and shelter for the IDPs • NFIs (Non Food Items) distribution • Water and sanitation including hygiene education and hygiene kits distribution • Health services from mobile clinics, to support to health posts, distribution of drugs, Polio and measles immunisation cam-

paigns and surveillance (Early Warning Diseases System). • Support to coordination that is crucial in such a huge crisis as duplication and gaps should be avoided. • Possibly support to logistics 4. How would the funds obtained be used?

• Part of the funds would go to ICRC for integrated assistance (food, medical support and general assistance) to the popu-lation in the conflict affected areas either trapped or displaced in camps. ICRC is one of the very few agencies to have access to these areas.

• Part of the funds would go to UN agencies such as WFP (lead agency for food distribution and logistics), UNHCR (lead

agency for camp management, shelter and protection), UNICEF (lead agency for water and sanitation), WHO (lead cluster for health) and UNOCHA in charge of the coordination.

Cobu News 11/2009 page 19 of 29

• Part of the funds would go to international NGOs, very present and active in the field, in particular in the sectors of health, water and sanitation and protection. They are very well placed to work with IDPs staying outside the camp with host families or in public buildings such as schools.

B. SOMALIA 1. Context Since the outbreak of the conflict in 1991, Somalia has been subjected to non-stop fighting, regular mass displacements of peo-ple, political and ethnic tensions, localised insecurity, economic hardship and climatic shocks, with local communities often ex-periencing several, if not all, problems at the same time. This has had the effect of eroding livelihoods, aggravating poverty and increasing food insecurity and vulnerability. Over the past year, the number of people in need of emergency humanitarian assistance increased by 77%, from 1,800,00 at the beginning of 2008 to 3,200,000 as of 2009. This dramatic increase is due to a combination of factors: mainly the constant fight-ing combined with the harsh economic impact of rocketing world commodity prices, a depreciating local currency and climate shocks. The so-called Djibouti peace process has seen, so far, a failure of any attempt of reconciliation between the TFG (Transitional federal Government) and Al Shaabab/AOG (Armed Opposition Groups), resulting in thousands of civilians in and around Mogadishu being caught by the consequences of renewed hostilities among the conflicting parties. Humanitarian agencies, including ECHO partners, continue to face enormous daily challenges in delivering relief to the affected population. This is mainly because the security situation has deteriorated and the "humanitarian space" has shrunk as a result. All these factors have also created a constantly increasing refugee flow into neighbouring countries, in particular Kenya at a monthly rate of some 7,000 a month. These refugees move to a refugee camp in Dadaab which has originally been designed for 96,000 people but is now overcrowded with more than 276,000 refugees and no more space available. This refugee outflow adds up to the approx. 460,000 Somali refugees already present in East and Central Africa. The European Commission is one of the main sources of humanitarian funding for victims of the crisis in Somalia. From 2004 to 2008, it provided more than €93m for relief activities. In 2008 the overall funding amounted to € 46 million, whereas for 2009 € 18 million has been allocated. 2) Why are new funds necessary for humanitarian action for Somalia? Over the past few months there has been an alarming deterioration of the humanitarian situation with regard to displacement, drought, food insecurity, malnutrition and epidemics. Following the resumption of heavy fighting in Mogadiscio, the number of displaced has increased by an additional 121,000 just over the last few weeks, and the likely continuation of the conflict may trigger further displacement. New front lines are in fact being drawn along the border with Ethiopia announcing a possible major conflict breaking out across the whole South / Central part of Somalia. The impact of the ongoing rainy season in Central Northern part of Somalia has been negligible and will probably not be suffi-cient to alleviate the serious shortage of pasture and water which is now leading to livestock deaths and eroding any remaining coping capacity. 304 cases of cholera were reported by WHO in hospitals in Mogadishu during April. The biggest fear is that there is a likelihood of an imminent cholera outbreak. Acute malnutrition above the emergency threshold of 15% is a constant feature being reported unchanged in many parts of South and Central Somalia. Some areas surveyed recently show the "Global Acute Malnutrition" (GAM) rate above 25% and 8% Severe Acute Malnutrition (SAM). In 2008, an estimated 180,000 children were believed to be acutely malnourished: very few of these have access to nutrition centers. As a consequence of all this, the total number of people in need of humanitarian assistance remains, as recalled above, more than 3 millions individuals, of whom 1,3 million IDPs and 1,8 million local populations, both in rural and urban areas. The €18 million envelope allocated in 2009 for Somalia proves to be insufficient today, taking into account the recent evolution and the prospects for the humanitarian situation. It is also important to note that several of the proposals submitted to ECHO these past few months have had to be curtailed downwards due to insufficient funds, which have put NGOs under further pres-sure due to shortfalls in other donor commitments. 3) Priority Needs. DG ECHO is planning to respond to the crisis by continuing to focus on the core humanitarian needs of IDPs, host communi-ties, extremely marginalized communities and the chronically vulnerable with shelter, food, non-food, health, nutrition, water,

Cobu News 11/2009 page 20 of 29

sanitation, and food security. 4) How would the funds obtained be used? The major part of the funds would be used to support current aid agencies with additional grants. Funding is required for UNHCR, UNICEF and ICRC to ensure greater coverage of key life saving activities. Even though the capacity of aid agencies to operate has, is and is likely to remain a concern, an increased absorption and imple-menting capacity of our partners is, at least for the time being, not being compromised. An increased response will be adequately ensured through a proper selection of partners and proposals.

Cobu News 11/2009 page 21 of 29

Annex 7 (point 13: DEC 21/2009)

Transfers, Section III - Commission Rapporteur: Jutta Haug

Consideration of Transfer request: DEC 21 (Aid to Afghanistan)

FROM CHAPTER - 40 02 RESERVES FOR FINANCIAL INTERVENTIONS ITEM 40 02 41 - 40 02 41 01 Differentiated appropriations (non-compulsory expenditure) Commitments - 16.000.000 TO CHAPTER - 1910 Relations with Asia, Central Asia and Middle East (Iraq, Iran, Yemen) ITEM - 19 10 01 02 Aid for the rehabilitation and reconstruction of Afghanistan Commitments + 16.000.000

Deadline : 24.08.09

Grounds given by the Commission Aid for the rehabilitation and reconstruction of Afghanistan Releasing amount from the Reserve (EUR 16 Mio) In the Budget 2009 the European Parliament has placed EUR16 million of commitments appropriations foreseen for Afghani-stan (budget line 19.10.01.02) into reserve to be released on the following condition: “reserve can be lifted once the visibility of assistance provided by the EU has improved; to this end, the Commission is expected to present a plan by March 2009. EU fi-nancial assistance for rehabilitation and reconstruction of Afghanistan should be increased, be more effective and better balanced between provinces of Afghanistan. The Presidential elections in 2009 are very important for the future and democracy building in Afghanistan. The European Consensus commits the EU to mainstreaming disaster risk reduction in its development policy based on ownership and on the national strategies of disaster-prone countries. This should also be reflected in the budget. Following close cooperation with EC's Delegation in Kabul a “and Visibility Plan for the EU assistance in Afghanistan” has been developed and it is attached hereto. The plan provides an overview of the complex environment in which communication on EU assistance has to be implemented in Afghanistan, as well as information on the general objectives for communication, messages, target groups (with specific objectives for each target group), the main activities envisaged (as well as already being implemented) under the strategy, and the communication tools chosen. It is completed by a set of indicators for monitoring and feedback, and a succinct overview of the human and financial resources available for its implementation. The plan also refers to activities implemented by the Commission, notably the quarterly State of Play and the Commission's web pages on Afghanistan, as well as initiatives such as EU-Tube. Meanwhile, activities to ensure maximum visibility for EU aid are ongoing. For example, the state of play of EU aid for Afghani-stan is now regularly published (first issue in August 2008 and latest issue was published in February 2009). Another successful initiative is that of videos on EU projects, of which 21 are presently posted on EU-tube. The Delegation is also making efforts to get EU-related news published in the local newspapers by maintaining contacts with important members of the local media. Fur-ther impact has been made by information dissemination through internet groups which have extensive social networks covering opinion makers, politicians, journalists and international organisations. While the Commission agrees that the visibility of EU aid to Afghanistan is an important issue, and is indeed making every effort to ensure that it is improved, as shown in the attached Communication and Visibility Plan, it is crucial, in the present circum-stances to maintain EU aid at a maximum level. Indeed, following a meeting held in March 2009 between Commissioner Ferrero-Waldner and US Vice-President Biden and Secretary of State Clinton, the Commission is presently in the process of approving a Special Measure (under Article 23 of the DCI) for EUR 35 million in additional funding for Afghanistan in 2009, namely for the forthcoming Presidential and provincial elections. Having in mind the above mentioned needs, given also the fact that Afghanistan is one of the political priorities for the EU, and finally for allowing the commitment covering the entire Afghanistan AAP 2009, the Commission requests lifting the reserve of EUR 16 million to budget line 19.10.01.02 “for the rehabilitation and reconstruction of Afghanistan”

Cobu News 11/2009 page 22 of 29

The Commission considers that the condition imposed by the Budgetary Authority has been fulfilled.

Cobu News 11/2009 page 23 of 29

Annex 8 (point 13: DEC 22/2009)

Transfers, Section III - Commission Rapporteur: Jutta Haug

Consideration of Transfer request: DEC 22 (Aid to Iraq)

FROM CHAPTER - 40 02 RESERVES FOR FINANCIAL INTERVENTIONS ITEM 40 02 41 - 40 02 41 01 Differentiated appropriations (non-compulsory expenditure) Commitments - 12.407.600 TO CHAPTER - 1910 Relations with Asia, Central Asia and Middle East (Iraq, Iran, Yemen)

ARTICLE - 19 10 03 Cooperation with Iraq, Iran and Yemen Commit-ments + 12.407.600

Deadline : 24.08.09

Grounds given by the Commission In the EU Budget 2009 the European Parliament has placed EUR 12,407,600 of commitment appropriations foreseen for Iraq (budget line 19.10.03) into reserve (budget line 40.024101) to be released on the following condition: 20 % of the assistance allocated for Iraq is to be used under direct management of the EC delegation on the ground. The re-serve can be lifted once the Commission has informed the Parliament accordingly. For the period 2009-2010, the funds from the European Union's budget dedicated to development cooperation with Iraq amount to EUR 65,8 million, of which EUR 42 million in 2009. The available credit appropriations, together with the funds of the currently requested reinforcement, will be committed for two main areas: Institutional building in the area of good governance and basic services. The assistance in 2009 and 2010 will be totally executed under direct management by the EC, utilising several bilateral channels under the umbrella of a Financing Agreement with the Iraqi Government. The attached CAPACITY BUILDING PROGRAMME FOR IRAQ 2009-2010 provides an overview of the programming for the years 2009-2010 and the justification for the current demand for reinforcement. The Commission considers that the condition imposed by the European Parliament has been fulfilled and thus requests lifting the reserve of EUR 12,407,600 back to the original line 19.10.03 – Cooperation with Iraq, Iran and Yemen.

Cobu News 11/2009 page 24 of 29

Annex 9 (point 13: DEC 23/2009)

Transfers, Section III - Commission Rapporteur: Jutta Haug

Consideration of Transfer request: DEC 23 (Consumers policy)

FROM CHAPTER - 1703 Public health

ITEM – 17 03 01 01 Completion of the public health programme (2003 to 2008) Payments - 4.500.000 TO CHAPTER - 1702 Consumer policy ARTICLE – 17 02 02 Community action in the field of consumer policy Payments + 4.500.000

Deadline : 24.08.09

Grounds given by the Commission Heading 17 02 02, 2007 - 2013 Consumer programme, shows a shortage of payment appropriations. This shortage is related to obtaining additional commitment appropriations at the end of the year 2007 and has already been demonstrated at the end of 2008. The first settlements of the additional commitments would have had to take place in 2008, but the corresponding increase in the payment appropriations could not be taken into account in the budget of this year. Consequently, a number of less urgent payments, planned for the end of 2008 were postponed until 2009, by increasing the effective needs of the current year. The estimate of the additional needs in payment appropriations for 2009 amounts to € 4.5 million. The line 17 03 01 01, Completion of the public health programme 2003 - 2008, shows a surplus of payment appropriations in 2009. Although the commitments of the 2003 - 2007 programme all were made at the end of 2008, a considerable number of financing agreements are still being implemented because this involves most of the multi-annual conventions. It must be stressed first of all that the conventions concluded under this programme are very complex, which on the one hand slows down checking work by the Commission and on the other hand gives rise to requests for additional information. Moreover, it appeared in many cases that recipients wish to extend the duration of the convention in order to be able to complete the necessary work properly. Finally it was noted that in the majority of the conventions which were fully completed, the total amounts paid are generally lower than the budgets which had been agreed initially between the parties, either because the real costs proved lower than the original fore-casts or because certain expenditure was judged ineligible according to the financial rules applied by the Commission. These various factors result in payments being made later than was provided for in the plans used to draw up the 2009 budget, and also in a total amount of payments that is lower than the amount initially envisaged. Consequently, the completion line of the Public health programme 2003 - 2008 has a positive balance in 2009. As the amount of the payment appropriations for the 2007 - 2013 Consumer programme in Heading 17 02 02 was underesti-mated by an amount of approximately € 4.5 million, the Commission proposes using the payment appropriations available in Heading 17 03 01 01 to cope with the identified needs.

Cobu News 11/2009 page 25 of 29

Annex 10 (point 13: DEC 24/2009)

Transfers, Section III - Commission Rapporteur: Jutta Haug

Consideration of Transfer request: DEC 24 (ex DEC 5 - Acquisition of Buildings)

FROM CHAPTER - 40 01 RESERVES FOR ADMINISTRATIVE EXPENDITURE

ITEM 40 01 40 - 26 01 22 02 Acquisition and renting of buildings in Brussels N.Diff - 10 256 400 TO CHAPTER - 2601 Administrative expenditure of ‘Commission’s administration’ policy area ITEM - 26 01 22 02 Acquisition and renting of buildings in Brussels N. Diff. + 10.256.400

Deadline : 24.08.09

Grounds given by the Commission Appropriations amounting to € 10 256 400 on budget line 26 01 22 02 (Acquisition and renting of buildings in Brussels) are entered under arti-cle 40 01 40 (Administrative reserve) following amendment 0436 (BUDG 9761) voted by the European Parliament. The Commission requested to lift the reserve with Transfer DEC 5/09. An enclosed document presented information responding to the condi-tions requested for the release of this reserve, in particular about the architectural competition for the European Quarter, the call for informa-tion on the development sites, the current and mid-term needs for office space, the follow-up to the communication COM(2007)501 on build-ing policy and an overview of the current building projects (Annex 1 enclosed). Both arms of the budgetary authority requested further information; the European Parliament rejected the transfer while Council did not take position. The Commission has sent replies to the requests for supplementary information (Annex 2 enclosed) and considers that the conditions of the reserve and the requests for additional information have been fulfilled. It therefore requests the release of the reserve whose appropriations are needed to cover contractual obligations for the second semester of 2009 (further details from OIB). The Commission will keep the budgetary authority informed of important developments concerning the building policy.

Cobu News 11/2009 page 26 of 29

Annex 11 (point 14 EP: C 11)

Section I - Parliament Consideration of transfer requests C 11

FROM Chapter 101 - Contingency reserve

- 240.000

TO 3044 - Miscellaneous expenditure on the organisation of the Parliamentary Conference on the WTO and other interparliamentary, ad hoc and WTO delegation meetings + 240.000 The rapporteur raised a number of questions during the last meeting. In the file, members will find the answers and documentation received from DG EXPO and DG FINSANCE. Grounds given by the Institution In accordance with Articles 24 and 43 of the Financial Regulation of 25 June 2002, the European Parliament intends to make a transfer of appropriations within a chapter and from the contingency reserve in the 2009 budget as described below. The purpose of this proposal is to request the top-up of the budget lines related to miscellaneous organisation costs for interpar-lementary and ad hoc delegations by € 240.000 from Chapter 101 "Contingency reserve". This appropriation is intended to cover expenditure connected with the organisation of meetings of interparliamentary and ad hoc delegations, joint parliamentary committees, parliamentary cooperation committees and delegations to the WTO, and meet-ings of the Parliamentary Conference on the WTO and its Steering Committee. The amount allocated to Item 3044 in the 2009 budget is € 390.000. The appropriations are used to cover organisation and meet-ing costs, on-the-spot transportation and, increasingly, security arrangements in third countries. So far, 45 operations were already carried out in 2009 for a total of € 194.000 (average of € 4.310 per operation). Until the end of the year 34 other operations are planned to be carried out for an estimated total cost of € 176.000 (34 x € 4.310 plus € 30.000 margin). The cost of enhanced security measures, to which special attention has been paid after the Mumbai attacks, has proved to be increasingly expensive. As an example, the cost of the election observation mission to Lebanon (05-09/06) alone is estimated at € 90.000, i.e. almost one quarter of the annual initial appropriation. As this significant increase in the cost for security of some "sensitive" delegations was not foreseen when the budget was pre-pared, it is necessary to top-up the budget line in order to allow the smooth execution of the planned operations. Until the end of the year, enhanced security measures are foreseen for the election observation in Lebanon (€ 90.000), the election observation in Afghanistan (€ 90.000), and the delegations to Palestine (€ 40.000) and Iraq (€ 40.000). In the circumstances, it is proposed that € 240.000 be transferred from Chapter 101 "Contingency reserve" to Item 3044 "Mis-cellaneous expenditure on the organisation of the Parliamentary Conference on the WTO and other interparliamentary, ad hoc and WTO delegation meetings".

Cobu News 11/2009 page 27 of 29

Annex 12 (point 14 CoJ 2-3)

Transfers - Court of Justice Consideration of transfer requests CoJ 02/2009

FROM Chapter 20 - Buildings and associated costs Article 200 - Buildings Item 2001- Lease/purchase

- 2 053 000 TO Chapter 20 - Buildings and associated costs Article 202 - Buildings-related costs Item 2022 - Cleaning and maintenance Item 2024 - Consumption of energy Item 2026 - Security and surveillance of buildings Item 2028 - Insurance Item 2029 - Other expenditure on buildings

+ 447.000

+ 1.436.000+ 72.000+ 14.000+ 84.000

Deadline: 30.07.2009

Summary of grounds given by the institution (for full text, see transfer proposal in dossier)

Rapporteur's proposal

From This budget Item enables the Court of Justice to fulfil the obligations which it has under-taken under two lease-purchase buildings contracts. The difference between the amount of the funds which was forecast to be taken up and the amount which was actually taken up at the end of 2008 is due essentially, first, to cer-tain phases of residual work which were to be carried out in 2009 (although that did not interfere with occupation of the buildings in 2008) and, secondly, to the operations of monitoring / withdrawal of reservations which had to be completed before payment of final accounts received from suppliers and before the release of retention monies. Consequently, there is a surplus under budget Item 2001 ‘lease-purchase’ which can be used for other purposes within Title 2 of the Court’s budget. To Please see the text in the transfer proposal included in the file, as provided by the Court.

Cobu News 11/2009 page 28 of 29

Transfers - Court of Justice

Consideration of transfer requests CoJ 03/2009 FROM Chapter 12 - Officials and temporary staff Article 120 - Remunerations and other rights Item 1200 - Remunerations and allowances

- 535.000 TO Chapter 21 - Data processing, equipment and movable property: purchase, hire and servicing Article 210 - Equipment, operating costs and data-processing and telecommunications services Item 2102 - External services for operation, creation and servicing of software and systems’

+ 535.000

Deadline: 30.07.2009

Summary of grounds given by the institution (for full text see transfer proposal in dossier) Rapporteur's proposal

According to estimates made in June 2009, the appropriations surplus in Item 1200 ‘Re-munerations and allowances’ will be approximately EUR 3 million for the financial year (as opposed to EUR 7 million before transfer in 2008). Accordingly, it is now possible, without jeopardising continuing recruitment efforts be-tween now and the end of the year, to release a sum of EUR 535 000 in Item 1200. It is therefore proposed that this surplus should be used to cover possible budget shortfalls within Title 2 of the Court’s budget. The appropriations entered for 2009 in Item 2102 ‘External services for operation, crea-tion and servicing of software and systems’ make it possible both to ensure the continuity of IT projects/applications introduced in previous years and to carry out new strategic studies and introduce new projects/applications (inter alia the projects relating to the parties’ internet portal, the urgent preliminary rulings procedure, the security of applica-tions and the system of management of human resources). However, at this stage of implementation of the work programme, the IT service is faced with unforeseen difficulties in respect of human resources. First, there are recruitment difficulties in filling vacant IT staff posts, difficulties alluded to above under budget Item 1200 (inadequate reserve lists, difficulties in recruitment to Luxembourg). Secondly, some officials’ posts are temporarily not occupied because of leave under the Staff Regulations and because of absences due to long-term illness. All those difficulties, the effect of which is equal to the loss by the service of almost 1200 work days over 2009 (on average the work capacity of eight members of staff over a six-month period), make it necessary to rely to a greater extent than anticipated on subcon-tracting in order to comply with the work programme. It is therefore intended to add to this Item a sum of EUR 535 000 (or 1190 days at a daily rate of EUR 450) the funding of which is largely covered by savings made in Item 1200 because of the vacant posts.

Cobu News 11/2009 page 29 of 29

Annex 13

Documents received by the Chairman and/or the committee and available on request

15.07.2009 Ph. Taverne EC Structural Funds - Regular report on the evolution of payments, 30 June 2009

9.07.2009 Ph. Taverne EC Follow-up of the European Parliament 2009 resolution - §30/Georgia

9.07.2009 Ph. Taverne EC State of Approval on the Management and Control Systems and Major Projects for Heading 1b (1 July 2009)

7.07.2009 J. Saryusz-Wolski EP Special Measure for the Occupied Palestinian Territory (Part II)

30.06.2009 Z. Jakab ECDC ECDC Final Accounts

29.06.2009 A. Bulgarelli CEDEFOP Annual accounts 2008 of the European Center for the Development of Vocational Training

26.06.2009 D. Grybauskaite EC Information note on budget implementation - situation Spring 2009

26.06.2009 Jose Manuel Barroso EC Procedure audition pour le PE de M. Algirdas Semeta, Commissaire au Budget - remplacement Mme D. Gryq-bauskaite

26.06.2009 ´P. Goudou EASA Annual Report on internal audit for 2008

18.06.2009 K. Welle EP Suites Résolution PE 10.3.2009-Procédure budgétaire 2010-Section 1 §28

18.06.2009 K. Welle EP Suites Résolution PE 10.3.2009-Procédure budgétaire 2010-Section 1 §5-14-15-36

4.06.2009 J.L. Demarty EC Early Warning Report

4.06.2009 L. Hoelgaard EC Draft Early warning report No 4-5/2009 on EAGF expenditure

29.05.2009 L. Romero EC Analysis of the budgetary implementation of the Struc-tural and Cohesion Funds in 2008

12.05.2009 L. Hoelgaard EC Draft Early warning report No 1-3/2009 on EAGF expenditure

9.05.2009 B. Ferrero-Waldner EC Initiatives taken by the Commission to improve the visibility of external aid

30.04.2009 K. Richelle EP Evaluation of European Commission cooperation with Chad

11.03.2009 H. Romer EP Information requested by Amendment 810