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having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2009,

—

having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2009, together with the Agency’s replies (1),

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having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

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having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

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having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

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having regard to Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (3) and in particular Article 8 thereof,

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having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

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

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having regard to the report of the Committee on Budgetary Control (A7-0144/2011),

A.

whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2009 are reliable and that the underlying transactions are legal and regular,

B.

whereas the Court of Auditors also added in its report for 2009 an emphasis of matter with regard to the lack of compliance of the Agency’s Statutes with Article 54 of the Treaty Establishing the European Atomic Energy Community,

C.

whereas, under Decision 2008/114/EC, Euratom, the Euratom Supply Agency established in Luxembourg in 1958, has new Statutes and has become an Agency,

1.

Notes that in 2009 the Agency did not receive any subsidy to cover its operations and that the Commission bore all expenses incurred by the Agency for the implementation of the 2009 budget; notes that this situation has persisted since the creation of the Agency in 2008;

2.

Notes, therefore, that in the absence of an autonomous budget, the Agency is de facto integrated into the Commission;

3.

Points out, nevertheless, that this situation is at odds with the Agency’s Statutes and that it raises the issue of the need to maintain the Agency in its current form and organisation;

4.

Notes, however, the Agency’s reply explaining that the present situation reflects the balance between, on the one hand, a clear relationship with the Commission (for example the Commission may issue directives and it appoints the Director-General of the Agency) and, on the other hand, a degree of legal and financial autonomy (for example the Agency co-signs all commercial contracts related to the procurement of nuclear materials, which allows it to ensure that the policy on diversification of the sources of supply is applied); notes, furthermore that this balance is in accordance with the Euratom Treaty;

5.

Acknowledges that, in accordance with Article 3 of its Statutes, the Agency has selected its own Internal Auditor, who took up his duties only on 1 July 2009;

6.

Notes the letter of 31 March 2011 from the Director-General which acknowledges the abovementioned problem and details the initial actions taken as requested by the discharge authority; calls on the Director-General to keep the discharge authority informed on further steps taken and progress made;

7.

Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (5) on the performance, financial management and control of the agencies.