COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 564 final 
Brussels, 01.12.1994 
94/0071 (CNS) 
Amended proposal for a 
COUNCIL REGULATION (EC) 
SETTING UP A TRANSLATION CENTRE FOR 
THE BODIES OF THE EUROPEAN UNION 
(presented by the Commission pursuant to Article 189 A (2) 
of the EC-Treaty) 
AMENDED PROPOSAL FOR A COUNCIL REGULATION (EC) 
SETTING UP A TRANSLATION CENTRE FOR 
THE BODIES OF THE EUROPEAN UNION 
EXPLANATORY MEMORANDUM 
Following the opinion delivered by the European Parliament on 15 November 1994 the 
Commission hereby submits to the Council an amended proposal which incorporates two of the 
twelve amendments presented by Parliament. 
Amendment n* 9 has been accepted as regards the new paragraph 4 and is incorporated in the 
new Article 10(a) proposed by the Commission. 
Amendment n* 12 has been incorporated by the Commission in the text of the regulation. 
Amendment n* 1 has not been incorporated in the draft regulation, but its content will be 
reproduced in a joint statement which will be made by the Commission and the Council when 
the Council approves the regulation. 
Amendment n* 4 is not acceptable to the Commission; the Centre must remain an independent 
body. 
Amendment n* 6 is not acceptable to the Commission as regards the new paragraphs 1, 2, 3 and 
5. However, the Commission accepts the content of the amendment with respect to paragraph 
4, and is introducing a new Article 10(a) in the text of the regulation providing for technical 
assistance from the Commission to the Centre. 
Amendments nos 2, 3, 5, 7, 8 and 10 have not been accepted by the Commission because they 
call for an extension of the activities of the Centre which is not envisaged by the Council 
Declaration of 29 October, 1993. 
Amendment n* 11 is not acceptable because it departs from the provisions adopted for the bodies 
whose seats were determined by the European Council decision of 29 October, 1993. 
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Proposal of the Commission 
OJC 99 of 08.04.1994, p. 17 
Previous text Amended text 
THE COUNCIL OF THE EUROPEAN 
UNION, 
Having regard to the Treaty establishing 
the European Community, and in particular 
Article 235 thereof, 
Having regard to the proposal from the 
Commission, 
Having regard to the opinion of the 
European Parliament, 
Whereas, further to the decision of 
29 October 1993 taken by common 
agreement between the Representatives of 
the Governments of the Member States, 
meeting at Head of State and Government 
level, on the location of the seats of certain 
bodies and departments of the European 
Communities and of Europol,1 the 
Representatives of the Governments of the 
Member States adopted by common 
agreement a declaration on the 
establishment of a Translation Centre for 
the bodies of the Union within the 
Commission's translation departments 
located in Luxembourg to provide the 
necessary translation services for the 
operation of the bodies whose seats were 
determined by the decision of 
29 October 1993, with the exception of the 
European Monetary Institute; 
Whereas the establishment of a single 
specialized centre provides a practical 
solution to the problem of meeting the 
translation needs of a large number of 
bodies in various locations throughout the 
Union; unchanged 
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1 OJ No C 323, 30.11.1993, p.l 
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Whereas the rules governing the Centre unchanged 
should enable it to provide services to 
bodies with legal personality, 
administrative independence and their own 
budgets, while maintaining an operational 
link with the Commission; 
Whereas the Treaty does not provide unchanged 
specific powers of action for the adoption 
of this Regulation, other than those 
contained in Article 235, 
HAS ADOPTED THIS REGULATION: unchanged 
Article 1 Article 1 
A Translation Centre for the bodies of the unchanged 
Union ("hereinafter referred to as the 
Centre") is established. 
Article 2 
The Centre shall be responsible for 
translating material needed for the 
operation of the following bodies: 
the European Environment Agency; 
the European Training Foundation; 
the European Monitoring Centre for 
Drugs and Drug Addiction; 
the European Agency for the 
Evaluation of Medicinal Products; 
the Agency for Health and Safety at 
Work; 
the Office for Harmonization in the 
Internal Market (trade marks, designs 
and models); 
the European Police Office (Europol) 
and the Europol Drugs Unit. Article 2 
unchanged 
Article 3 
1. The Centre shall have legal 
personality. Article 3 
unchanged 
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2. To enable it to perform the tasks 
assigned to it, the Centre shall, in all 
Member States, have the most 
extensive legal capacity accorded to 
legal persons under their laws. 
Article 4 
1. The Centre shall have a Management 
Board consisting of: 
(a) a representative from each of 
the bodies listed in Article 2; 
and 
(b) a Commission representative. 
2. The management board shall be 
chaired by the Commission 
representative. 
3. The Commission shall appoint an 
alternate who will replace the 
Chairman in his absence. unchanged 
Article 4 
unchanged 
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Article 5 Article 5 
1. Members of the Management Board unchanged 
shall be appointed for three years. 
2. The appointment of members of the unchanged 
Management Board shall be 
renewable. 
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Article 6 Article 6 
1. The Chairman shall call a meeting of unchanged 
the Management Board at least twice 
a year and if at least one-third of the 
members so request. 
2. Decisions of the Management Board unchanged 
shall be taken by a two-thirds 
majority. 
3. Each member of the Management unchanged 
Board shall have one vote. 
Article 7 
The Management Board may invite 
representatives of the translation 
departments of other Community 
institutions or of international organizations 
to attend as observers. Article 7 
unchanged 
Article 8 Article 8 
1. The Management Board shall adopt 
the Centre's annual work programme 
on the basis of a draft prepared by 
the Director. unchanged 
The programme may be adapted 
during the year by the procedure 
referred to in paragraph 1. 
By 31 January each year at the latest, 
the Management Board shall adopt an 
annual report on the Centre's 
activities. The Director shall 
communicate it to the bodies listed in 
Article 2 and to the European 
Parliament, the Council and the 
Commission. unchanged 
unchanged 
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Article 9 
The Centre shall be under the 
authority of a Director appointed by 
the Management Board on a proposal 
from the Commission for a period of 
five years; the appointment shall be 
renewable. 
The Director shall be the legal 
representative of the Centre. He 
shall be responsible for: 
the proper preparation and 
implementation of the work 
programme and of decisions taken by 
the Management Board; 
day-to-day administration; 
the performance of the tasks assigned 
to the Centre; 
the implementation of the budget; 
all staff matters; and 
the preparation of Management 
Board meetings. 
The Director shall be accountable to 
the Management Board. Article 9 
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Article 10 
Estimates shall be drawn up of all the 
Centre's revenue and expenditure for 
each financial year, which shall 
correspond to the calendar year, and 
shall be entered in the Centre's 
budget. 
The revenue and expenditure shown 
in the Centre's budget shall be in 
balance; the revenue shall come 
from financial contributions from the 
bodies serviced by the Centre, 
without prejudice to other resources. Article 10 
unchanged 
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3. The expenditure of the Centre shall 
include staff remuneration, 
administrative and infrastructure 
expenses and operating costs. 
Article 11 
By 31 March each year the Director 
shall draw up a draft statement of 
estimates of the Centre's revenue and 
expenditure for the following 
financial year and shall transmit them 
to the Management Board, together 
with an establishment plan. unchanged 
Article 10 b 
The Commission will provide the 
Translation Centre for the bodies of the 
Union, on the basis of arrangements to be 
concluded with the Centre, with the 
following assistance: 
1. support services: terminology, 
databases, documentation, machine 
translation, training and records of 
freelance translators as well as the 
secondment of officials to posts at 
the Centre; 
2. the management of basic 
administrative services: payment of 
salaries, provision of health 
insurance, pension schemes, 
organisation of social services. 
Article 11 
unchanged 
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The Management Board shall adopt 
the statement of estimates 
accompanied by the establishment 
plan and shall transmit them 
immediately to the Commission, 
which on that basis shall establish the 
estimates corresponding to the 
subsidies granted to the bodies listed 
in Article 2 in the preliminary draft 
budget which it places before the 
Council pursuant to Article 203 of 
the Treaty. 
The Management Board shall adopt 
the Centre's budget before the 
beginning of the financial year, 
adjusting it where necessary to the 
financial contributions of the bodies 
listed in Article 2 and the Centre's 
other resources. 
Article 12 
The Director shall implement the 
Centre's budget. 
Monitoring of the commitment and 
payment of all the Centre's 
expenditure and of the establishment 
and recovery of all the Centre's 
revenue shall be carried out by the 
Commission's Financial Controller. 
By 31 March each year the Director 
shall send the Commission, the 
Management Board and the Court of 
Auditors the accounts for all the 
Centre's revenue and expenditure in 
respect of the preceding financial 
year. The Court of Auditors shall 
examine them in accordance with 
Article 188c of the Treaty. unchanged 
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Article 12 
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4. The Management Board shall give a 
discharge to the Director of the 
Centre in respect of implementation 
of the budget. unchanged 
Article 13 
After consulting the Commission and the 
Court of Auditors, the Management Board 
shall adopt internal financial provisions 
specifying, in particular, the procedure for 
establishing and implementing the Centre's 
budget. Article 13 
unchanged 
Article 14 Article 14 
The Protocol on the Privileges and unchanged 
Immunities of the European Communities 
shall apply to the Centre. 
Article 15 
The staff of the Centre shall be 
subject to the rules and regulations 
applying to officials and other 
servants of the European 
Communities. 
In respect of its staff, the Centre 
shall exercise the powers which have 
been devolved to the appointing 
authority. 
The Management Board, in 
agreement with the Commission, 
shall adopt the necessary 
implementing provisions to ensure, 
inter alia, the confidentiality of 
certain work. Article 15 
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Article 16 
The contractual liability of the Centre 
shall be governed by the law 
applicable to the contract in question. 
The Court of Justice of the European 
Communities shall have jurisdiction 
to give judgment pursuant to any 
arbitration clause contained in 
contracts concluded by the Centre. 
In the case of non-contractual 
liability, the Centre shall, in 
accordance with the general 
principles common to the laws of the 
Member States, make good any 
damage caused by it or its servants in 
the performance of their duties. 
The Court of Justice of the European 
Communities shall have jurisdiction 
in any dispute relating to 
compensation for such damages. 
The personal liability of the servants 
of the Centre shall be governed by 
the relevant provisions applying to 
them. Article 16 
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Article 16a 
The operating methods of the Centre as 
defined in the present Regulation may be 
reviewed by the Council, on the basis of a 
proposal from the Commission and after 
the opinion of the European Parliament has 
been given, not later than three years after 
the end of the start-up period of the 
Centre, which will not exceed three 
budgetary years. 
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Article 17 Article 17 
This Regulation shall enter into force on unchanged 
the seventh day following its publication in 
the Official Journal of the European 
Communities. 
It shall be binding in its entirety and unchanged 
directly applicable in all Member States. 
ytA 
BSN02S4-M75 
COM(94) 564 final 
DOCUMENTS 
EN 16 01 
Catalogue number : CB-CO-94-585-EN-C 
ISBN 92-77-83133-2 
Office for Official Piiblk-anons of the European Communities 
1^2985 Luxembourg 
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