EUROPEAN PARLIAMENT OPINION. Committee on Budgets COM(2000) /0286 (COD) 22 March of the Committee on Budgets

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1 EUROPEAN PARLIAMT 1999 Committee on Budgets 2004 COM(2000) /0286 (COD) 22 March 2001 OPINION of the Committee on Budgets for the Committee on the Environment, Public Health and Consumer Policy on the proposal for a regulation of the European Parliament and of the Council on laying down the general principles and requirements of food law, establishing the European Food Authority, and laying down procedures in matters of food (COM(2000) 716 C5-0655/ /0286 (COD)) Draftsman: Wilfried Kuckelkorn AD\ doc PE

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3 PROCEDURE The Committee on Budgets appointed Wilfried Kuckelkorn draftsman at its meeting of 27 February It considered the draft opinion at its meeting(s) of March At the meeting it adopted the following amendments unanimously. The following were present for the vote: Terence Wynn, chairman; Reimer Böge, vicechairman; Wilfried Kuckelkorn, draftsman; Kathalijne Maria Buitenweg, Joan Colom i Naval, Carlos Costa Neves, Markus Ferber, Neena Gill, Catherine Guy-Quint, Jutta D. Haug, Ulpu Iivari (for Göran Färm), Anne Elisabet Jensen, Juan Andrés Naranjo Escobar, Giovanni Pittella, Bartho Pronk (for Armin Laschet), Per Stenmarck, Francesco Turchi, Kyösti Tapio Virrankoski and Ralf Walter. AD\ doc 3/11 PE

4 SHORT JUSTIFICATION Contents of the proposal In recent years, the European Union has had a number of contamination problems in the food supply and other types of food safety emergencies. The need for rapid, reliable and strong scientific opinions to address the issue of securing the confidence of consumers and trading partners in the European food supply was clearly identified. The European Union's strategic objectives, priorities and work programme in relation to food safety and food law are contained in the White Paper on Food Safety 1. The objectives of the proposal are the following: - to harmonise at Community level national existing requirements; - to provide the basic framework of principles and definitions for future European food law; - to establish a European Food Authority with a broad mandate: it will contribute to the provision of the scientific basis for European Food and related legislation, to the establishment and maintenance of confidence in the European food supply and real improvement in the health protection of consumers. The European Food Authority will be a "stand alone" entity (not reliant on the Commission infrastructure) which will take its responsibilities in the year N+1 (2002) and will be financed by a subsidy of the EU budget. The amount foreseen by the proposal is progressive: 9 million in 2002, 44 million after 3 years and 67,2 million after 5 years, when fully operational. The possibility to levy fees on petitioners is envisaged at a later stage. The Authority will be composed of high-quality and specialised staff. By way of comparison, the United States Food and Drug Administration employs 850 people. Legislative and budgetary aspects The rapporteur underlines that, due to the new legislative competences granted to EP by the successive treaties, the codecision procedure applies to the proposal. Therefore he expects the Council to have a cooperative attitude along the legislative process. Budget The budgetary authority has already foreseen an new line (B3-4309) with a p.m. in the nomenclature of 2001 Budget. The financial statement indicates that savings are expected on headings B1-33, B3-43, B5-100 and B It would be useful to know whether thoses 1 COM(1999) 719 final. PE /11 AD\ doc

5 savings will compensate the new expenses. As mentioned above, the Food Agency will be fully dependant on the EU subsidy at least during the first years. The breakdown of the Agency's foreseen cost for the next three years is the following: Year Staff (a) Personnel - Title (b) Administrative - Title (c) Operational - Title Grand Total The rapporteur underlines that: The amount foreseen in the financial statement is only indicative; the level of the subsidy paid from the EU budget is established by the budgetary authority in the context of the annual budgetary procedure; in view of the increase foreseen between 2002 and 2005 (493%) it will be necessary for the budgetary authority to evaluate the compatibility of the funding with the ceiling of heading 3 of the FP, according to the common declaration of 20 July This is the reason why, although the expenditure relative to agencies can be considered as multiannual expenditure, no commitment can be taken by the legislative authority on the mid or long term funding. The only relevant decision is taken each year by the budgetary authority in respect of Article 272 of the treaty. Staff An estimated number of around 225 persons is envisaged after 3 years and 339 when the Agency is fully functional (after 5 years). Given that only a relatively small number of staff will be seconded from the Commission, most of staffing will be recruited on a temporary basis with renewable contracts. The rapporteur asks the Commission to clarify how many posts will be re-deployed from the headquarters, how many posts will correspond to new recruitment and also whether these posts have been integrated in the matching tasks/human resources exercise with a clear positive priorities which was presented to the budgetary authority in the context of the Letter of Amendment n 1/2001or whether they have not been taken into account? As standing rapporteur for the budget committee, he wishes to recall that while the institutions have maintained a zero increase in the staff plan over the last years, the staff of the decentralised agencies has increased considerably as showed below: /1995 AD\ doc 5/11 PE

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7 Control On various occasions (harmonisation of the Agencies' financial regulations 1 recasting of the Financial regulations 2, the European Agency for Reconstruction 3 ), the Parliament had stated principles of budgetary transparency and accountability which the rapporteur finds useful to recall and integrate in the new set of agencies which the Commission is proposing to the legislative authority: - The management board should be chaired by the Commission; - The financial control of the Agency should be implemented by the financial controller of the Commission which is consistent with the current proposal; - The discharge procedure ruled by article 276 of the Treaty applies to the Agencies: the Parliament gives discharge to the director on the recommendation of the management Board in the case of EU supported agencies. The management Board gives discharge to the director on recommendation of EP in the case of self-financing or partially selffinancing agencies; - The fees paid to the Agency should be budgeted in the revenue part of the budget as pre-allocated revenue, in order to improve transparency; - The establishment plans of the Agencies are published in annex of the budget after its adoption by the budgetary authority; - The list of all Agencies is put in annex of the Financial Regulation in accordance with the principle of unity of the budget. Finally he underlines that the Committee on Budgets has, in the past, insisted that the Member state which is to receive the seat of the Agency, provides facilities for the land or the buildings in view of the economic benefit provided. 1 Report Kellett Bowman Ref. A4/0035/98. 2 Amendments Dell'Alba Ref. PE Report Pack Ref. A5-0013/1999. AD\ doc 7/11 PE

8 AMDMTS The Committee on Budgets calls on the Committee on the Environment, Public Health and Consumer Policy, as the committee responsible, to incorporate the following amendments in its report: [The European Parliament], AMDMT TO THE LEGISLATIVE RESOLUTION Notes that this is a new action which financing is not foreseen in the current budget. Considers that the financial statement of the proposal for a decision put forward by the Commission is not compatible with the ceilings of heading 3 of the current financial perspective without a revision or a reduction of other policies. Justification: The creation of this Agency entails additional expenditure under the ceiling of heading 3 of the FP. According to the common declaration of 20 July 2000, the budgetary authority is entitled to evaluate the compatibility of the new proposals.. Text proposed by the Commission 1 Amendments by Parliament (Amendment 1) Recital 63 (new) Justification: whereas over the past years, as more decentralised agencies were created, the budgetary authority has looked to improve transparency and control over the management of Community finding allocated to them, in particular concerning budgetisation of the fees, financial control, power of discharge, contribution to the pension scheme and internal budgetary procedure (code of conduct); 1 OJ C. (not yet published). PE /11 AD\ doc

9 Given that decentralised Agencies are implementing EU policies, employ an increasing number of staff and are fully or partially dependent on a Community subsidy, the general budgetary procedures should apply to them. Amendment 2 Article 42, para 1, 5, 6 Adoption of the Authority's budget 1. The revenues of the Authority shall consist of a contribution from the Community and, in addition, any fees received by the Authority in payment for the services it provides. 1. The revenues of the Authority shall consist of a contribution from the Community and, in addition, any fees received by the Authority in payment for the services it provides. Fees and other revenue are budgetised and as such, entered into the revenue part of the Budget as pre-allocated revenue. 5. The Management Board shall, by 31 March at the latest, adopt the draft budget and forward it to the Commission which on that basis shall enter the relevant estimates in the preliminary draft general budget of the European Communities, which it shall put before the Council pursuant to Article 272 of the Treaty. 6. The Management Board shall adopt the Authority's budget, adjusting it where necessary to the Community's contribution. The Agency's contribution to the pensions are entered directly in the revenue part of the Commission. 5. The Management Board shall, by 31 March at the latest, adopt the draft estimates including the provisional establishment plan accompanied by the preliminary work programme and forward it to the Commission which on that basis shall enter the relevant estimates in the preliminary draft general budget of the European Communities, which it shall put before the Council pursuant to Article 272 of the Treaty. 6. After the adoption of the general Budget by the budgetary authority, the Management Board shall adopt the Authority s final budget and work programme, adjusting them where necessary to the Community contribution. It forwards them without delay to the Commission and to the budgetary authority. AD\ doc 9/11 PE

10 6a. Any modification to the budget, including establishment plan, shall follow the procedure of paragraph 5. 6b. The establishment plan of the Agency is authorised by the Budget of the Union. Justification Since the common statement of 17 November 1995 by the Parliament and the Council, the Agencies have been required to set up transparent internal procedures in parallel to the general budgetary procedure in order to monitor the Community subsidy and the evolution of the organigrammes.for reasons of budgetary transparency and harmonisation with the first two agencies (Dublin Foundation and Cedefop), the establishment plans of all agencies as adopted by the budgetary authority should be annexed to the general budget. Amendment 3 Article 44 Fees received by the Authority Within three years from the date of entry into force of this Regulation, the Commission shall publish, after consulting the Authority, the Member States and the interested parties, a report on the feasibility and advisability of introducing fees payable by undertakings for obtaining a Community authorisation and for other services provided by the Authority. Within three years from the date of entry into force of this Regulation, the Commission shall publish, after consulting the Authority, the budgetary authority, the Member States and the interested parties, a report on the feasibility and advisability of introducing fees payable by undertakings for obtaining a Community authorisation and for other services provided by the Authority. The level of the subsidy shall be adjusted if necessary. Justification For Agencies who receive external revenue and a Community subsidy, a balance is to be found between the two sources of income. (Amendment 4) Article 63 bis (new) Seat PE /11 AD\ doc

11 Justification: (63 bis) The location of the Agency shall be decided by the competent authorities with a financial contribution by the Member State receiving the seat, at the latest six months after the adoption of this Regulation on a proposal from the Commission. Member States should contribute to the premises of the agencies from which they draw benefit. AD\ doc 11/11 PE