TITLE VI - THE FUNCTIONING OF THE UNION
CHAPTER I - PROVISIONS GOVERNING THE INSTITUTIONS
SECTION 1 - THE INSTITUTIONS
Subsection 7 - The Court of Auditors
ARTICLE III-384
1. The Court of Auditors shall examine the accounts of all revenue and expenditure of the Union. It shall also examine the accounts of all revenue and expenditure of any body, office or agency set up by the Union insofar as the instrument establishing that body, office or agency does not preclude such examination.
The Court of Auditors shall provide the European Parliament and the Council with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions which shall be published in the Official Journal of the European Union. This statement may be supplemented by specific assessments for each major area of Union activity.
2. The Court of Auditors shall examine whether all revenue has been received
and all expenditure incurred in a lawful and regular manner and whether the
financial management has been sound. In doing so, it shall report in particular
on any cases of irregularity.
The audit of revenue shall be carried out on the basis of the amounts established
as due and the amounts actually paid to the Union.
The audit of expenditure shall be carried out on the basis both of commitments
undertaken and payments made.
These audits may be carried out before the closure of accounts for the financial
year in question.
3. The audit shall be based on records and, if necessary, performed on the spot
in the other institutions, or on the premises of any body, office or agency
which manages revenue or expenditure on behalf of the Union and in the Member
States, including on the premises of any natural or legal person in receipt
of payments from the budget. In the Member States the audit shall be carried
out in liaison with national audit bodies or, if these do not have the necessary
powers, with the competent national departments. The Court of Auditors and the
national audit bodies of the Member States shall cooperate in a spirit of trust
while maintaining their independence. These bodies or departments shall inform
the Court of Auditors whether they intend to take part in the audit.
The other institutions, any bodies, offices or agencies managing revenue or expenditure on behalf of the Union, any natural or legal person in receipt of payments from the budget, and the national audit bodies or, if these do not have the necessary powers, the competent national departments, shall forward to the Court of Auditors, at its request, any document or information necessary to carry out its task.
In respect of the European Investment Bank's activity in managing Union revenue
and expenditure, rights of access by the Court of Auditors to information held
by the Bank shall be governed by an agreement between the Court of Auditors,
the Bank and the Commission. In the absence of an agreement, the Court of Auditors
shall nevertheless have access to information necessary for the audit of Union
expenditure and revenue managed by the Bank.
4. The Court of Auditors shall draw up an annual report after the close of each
financial year. It shall be forwarded to the other institutions and shall be
published, together with the replies of these institutions to the observations
of the Court of Auditors, in the Official Journal of the European Union.
The Court of Auditors may also, at any time, submit observations, particularly
in the form of special reports, on specific questions and deliver opinions at
the request of one of the other institutions.
It shall adopt its annual reports, special reports or opinions by a majority of its component members.
However, it may establish internal chambers in order to adopt certain categories
of reports or opinions under the conditions laid down by its Rules of Procedure.
It shall assist the European Parliament and the Council in exercising their
powers of control over the implementation of the budget.
It shall adopt its Rules of Procedure. Those rules shall require the consent of the Council.
ARTICLE III-385
1. The members of the Court of Auditors shall be chosen from among persons who belong or have belonged in their respective States to external audit bodies or who are especially qualified for this office. Their independence must be beyond doubt.
2. The members of the Court of Auditors shall be appointed for a term of six
years. Their term of office shall be renewable. The Council shall adopt a European
decision establishing the list of members drawn up in accordance with the proposals
made by each Member State. It shall act after consulting the European Parliament.
The members of the Court of Auditors shall elect their President from among
their number for a term of three years. He or she may be re-elected.
3. In the performance of their duties, members of the Court of Auditors shall
neither seek nor take instructions from any government or from any other body.
They shall refrain from any action incompatible with their duties.
4. Members of the Court of Auditors shall not, during their term of office,
engage in any other occupation, whether gainful or not. When entering upon their
duties they shall give a solemn undertaking that, both during and after their
term of office, they will respect the obligations arising therefrom and in particular
their duty to behave with integrity and discretion as regards the acceptance,
after they have ceased to hold office, of certain appointments or benefits.
5. Apart from normal replacement, or death, the duties of a member of the Court of Auditors shall end when he or she resigns, or is compulsorily retired by a ruling of the Court of Justice pursuant to paragraph 6.
The vacancy thus caused shall be filled for the remainder of the member's term
of office.
Save in the case of compulsory retirement, members of the Court of Auditors shall remain in office until they have been replaced.
6. A member of the Court of Auditors may be deprived of his or her office or
of his or her right to a pension or other benefits in its stead only if the
Court of Justice, at the request of the Court of Auditors, finds that he or
she no longer fulfils the requisite conditions or meets the obligations arising
from his or her office.