Proposal for a Council Regulation amending Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (COM(97)0489 - C4-0605/97 - 97/0258(CNS))

The proposal was approved with the following amendments:

(Amendment 33)

Recital 3

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Whereas is it desirable for the power to grant discharge to be assigned to the European Parliament on the recommendation of the Administrative 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 Administrative Board, pursuant to Article 206 of the Treaty;

(Amendment 34)

ARTICLE -1(a)(new)

Recital 13a (new) (Regulation (EC) No. 2062/94)

>Original text>

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(a) The following recital is added after the 13th recital of Regulation (EC) No. 2062/94:

"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 35)

ARTICLE -1(b)(new)

Article 12(3a) and (3b) (new) (Regulation (EC) No. 2062/94)

>Original text>

>Text following EP vote>

(b) The following paragraphs 3a and 3b are added to Article 12 of Regulation (EC) No. 2062/94:

"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 36)

ARTICLE -1(c)

Article 12(3c) (new) (Regulation (EC) No. 2062/94)

>Original text>

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(c) The following paragraph 3c is added to Article 12 of Regulation (EC) No. 2062/94:

"3c. The entering of amounts in the said reserve shall be made 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 37)

ARTICLE -1(d)

Article 12(3d) (new) (Regulation (EC) No. 2062/94)

>Original text>

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(d) The following paragraph 3d is added to Article 12 of Regulation (EC) No. 2062/94:

"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 38)

ARTICLE 1

Article 14(4) (Regulation (EC) No. 2062/94)

>Original text>

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

>Text following EP vote>

4.

The European Parliament shall, subject to the recommendation of the Administrative Board, give discharge to the 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 (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (COM(97)0489 - C4-0605/97 - 97/0258(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(97)0489 - 97/0258(CNS)) ((OJ C 335, 6.11.1997, p.17.)),

- having been consulted by the Council pursuant to Article 235 of the EC Treaty (C4-0605/97),

- 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.