Proposal for a Council Regulation amending Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network (COM(97)0489 - C4-0604/97 - 97/0256(CNS))

The proposal was approved with the following amendments:

(Amendment 25)

Recital 3

>Original text>

Whereas the Commission's Financial Controller is the person best placed to perform the tasks of Financial Controller of the Office;

>Text following EP vote>

Whereas the Commission's Financial Controller is the person best placed to perform the tasks of Financial Controller of the

Agency, subject to the necessary practical arrangements being in place to ensure swift and effective processing of financial transactions and to prevent excessive recourse to the use of imprest accounts;

(Amendment 26)

Recital 4

>Original text>

Whereas is it desirable for the power to grant discharge to be assigned to the European Parliament on the recommendation of the Management Board,

>Text following EP vote>

Whereas

it is a prerequisite for the power to grant discharge to be assigned to the European Parliament on the recommendation of the Management Board, pursuant to Article 206 of the Treaty;

(Amendment 27)

ARTICLE -1(a)(new)

Recital 9a (new) (Regulation (EEC) No. 1210/90)

>Original text>

>Text following EP vote>

(a) The following recital is added after the ninth recital of Regulation (EEC) No. 1210/90:

"Whereas, since the Agency may receive funding from the budget, all its revenues are to be budgetized and, as such, considered as preallocated resources of the Union;"

(Amendment 28)

ARTICLE -1(b) (new)

Article 11(3a) and (3b) (new) (Regulation (EEC) No. 1210/90)

>Original text>

>Text following EP vote>

(b) The following paragraphs 3a and 3b are added to Article 11 of Regulation (EEC) No. 1210/90:

"3a. Since the Agency is a body governed by Community law, provision shall be made for all resources received by the Agency in accordance with its financial regulation to be entered into the general budget of the Union.

3b. The Agency may constitute a reserve to cover future expenditure. The fees charged by the Agency shall be subject to revision. All surplus revenues shall be paid into the general budget of the Union.¨

(Amendment 29)

ARTICLE -1(c) (new)

Article 11(3c) (new) (Regulation (EEC) 1210/90)

>Original text>

>Text following EP vote>

(c) The following paragraph 3c is added to Article 11 of Regulation (EEC) No. 1210/90:

"3c. The entering of amounts in the said reserve shall be subject to the agreement of the Commission pursuant to Article 28 of the Financial Regulation, and the Commission shall inform the Council and Parliament of its decisions in this respect."

(Amendment 30)

ARTICLE -1(d)

Article 11(3d) (new) (Regulation (EEC) No. 1210/90)

>Original text>

>Text following EP vote>

(d) The following paragraph 3d is added to Article 11 of Regulation (EEC) No. 1210/90:

"3d. All revenues during a particular financial year shall, after account has been taken of the decrease in the Community subsidy, be entered in the general budget of the Union as preallocated revenue. However, the Budget Committee may authorise the establishment of a reserve to cover future expenditure. Amounts may be entered in the said reserve and taken out of it only with the agreement of the Commission , after Parliament has been consulted.

After three years, the Commission shall evaluate the level of the fees received by the Agency which may be revised after consultation of Parliament."

(Amendment 31)

ARTICLE 1(a)

Article 13(2) (Regulation (EEC) No. 1210/90)

>Original text>

2. Control of commitment and payment of all expenditure and control of the establishment and recovery of all revenue of the Agency shall be carried out by the Commission's Financial Controller.

>Text following EP vote>

2. To ensure a maximum of transparency and harmonisation between the decentralised agencies, control of commitment and payment of all expenditure and control of the establishment and recovery of all revenue of the Agency shall be carried out by the Commission's Financial Controller, who will ensure that the necessary practical arrangements are in place to allow swift and effective processing of the Agency's financial transactions and to prevent excessive recourse to the use of imprest accounts.

(Amendment 32)

ARTICLE 1(b)

Article 13(4) (Regulation (EEC) No. 1210/90)

>Original text>

4. The European Parliament shall, on the recommendation of the Management Board, give discharge to the Executive Director in respect of the implementation of the budget.

>Text following EP vote>

4.

The European Parliament shall, subject to the recommendation of the Management Board, give discharge to the Executive Director in respect of the implementation of the budget.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation amending Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network (COM(97)0489 - C4-0604/97 97/0256(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(97)0489 - 97/0256(CNS)) ((OJ C 335, 6.11.1997, p.16.)),

- having been consulted by the Council pursuant to Article 130s of the EC Treaty (C4-0604/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Budgets (A4-0035/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Instructs its President to forward this opinion to the Council and the Commission.