A3-0014/93

Resolution embodying the opinion of the European Parliament on the appointment of a Member of the Court of Auditors

The European Parliament,

-having regard to Article 45b(3) of the Treaty establishing the European Coal and Steel Community,

-having regard to Article 188b(3) of the Treaty establishing the European Community,

-having regard to Article 160b(3) of the Treaty establishing the European Atomic Energy Community,

-having regard to Rule 35 of its Rules of Procedure,

-having regard to its resolution of 17 November 1992 on the procedure for consulting the European Parliament on the appointment of Members of the Court of Auditors,

-having regard to the report of the Committee on Budgetary Control (A3-0014/94),

A.whereas the Council, by letter of 16 September 1993, consulted Parliament regarding the appointment of Mr De Sousa Ribeiro as a Member of the Court of Auditors,

B.whereas, contrary to the undertakings it has recently given, the Council's attitude throughout the consultation procedure has made it very difficult for Parliament to discharge the responsibility conferred on it under the Treaty, in particular because:

-the Council submitted its requests for opinion in a disjointed manner and with deadlines which made it impossible for Parliament to deliver a reasoned opinion before the end of the term of office of the former Members of the Court of Auditors,

-the Council concealed from Parliament the information forwarded to it by the Portuguese authorities in reply to a specific request from Parliament, with the result that Parliament had to send its own representative to the Portuguese capital in order to check information it should have been able to obtain through the conventional channels of correspondence,

-the Council twice submitted requests for urgent procedure, which were particularly inappropriate given that it had sought to prevent Parliament from obtaining a reply to its legitimate requests for information,

C.whereas the Portuguese authorities have on several occasions stressed their willingness to provide Parliament with all the information it requires to discharge its responsibilities and whereas they also gave a most cordial reception to Parliament's representative during his visit of 14 and 15 January 1994,

D.whereas the proposal for the appointment of Mr De Sousa Ribeiro was not submitted to the Portuguese Court of Auditors, prompting the latter to lodge an official complaint at this lack of consultation by letter of 17 November 1993, pointing out that it was the only external control body in Portugal,

E.whereas it is well-known that IFADAP, a body responsible for managing and monitoring certain Community appropriations, has in recent years experienced serious dysfunctioning; whereas, in Parliament's view, this dysfunctioning seems to justify and even necessitate fresh control measures by the European Court of Auditors, with regard to the past and present management of this body and, whereas, although the information currently available to Parliament offers no grounds for believing that the former president of IFADAP was responsible for this dysfunctioning, were he to be appointed he would find himself responsible for supervising the management of appropriations which had been implemented under his authority; whereas such an appointment would thus be quite inappropriate,

F.whereas, on the basis of the conditions laid down by the Treaty and the criteria set by Parliament, although the professional, personal and moral qualities of the candidate, according to the information currently available to Parliament, pose no obstacle to his appointment, the nature of the duties he has performed in the recent past mean that his nomination is inappropriate,

1.Does not approve the appointment of Mr Armindo de Jesus De Sousa Ribeiro as a Member of the Court of Auditors;

2.Instructs its President to forward this opinion to the Council and, for information, to the Court of Auditors, the other institutions and the courts of auditors of the Member States.