A4-0035/98

Proposal for a Council Regulation amending Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (COM(97)0489 - C4-0601/97 - 97/0253(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 2a (new)

>Original text>

>Text following EP vote>

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

(Amendment 2)

Recital 3

>Original text>

Whereas, since the Office is a body governed by Community law, provision should be made for any resources remaining after the constitution, where appropriate, of a reserve to cover future expenditure and after any revision of the fees charged by the Office to be paid into the general budget of the European Communities.

>Text following EP vote>

Whereas, since the Office is a body governed by Community law, provision should be made for

all resources received by the Office in accordance with its financial regulation to be entered into the general budget of the Union;

Whereas the Office may constitute a reserve to cover future expenditure; whereas the fees charged by the Office shall be subject to revision; whereas all surplus revenues shall be paid into the general budget of the Union;

(Amendment 3)

Recital 4

>Original text>

Whereas the entering of amounts in the said reserve should be made subject to the agreement of the Commission, and whereas the Commission should inform the Council and Parliament of its decisions in this respect;

>Text following EP vote>

Whereas the entering of amounts in the said reserve should be made subject to the agreement of the Commission

pursuant to Article 28 of the Financial Regulation, and whereas the Commission should inform the Council and Parliament of its decisions in this respect;

(Amendment 4)

Recital 6

>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 Office,

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 5)

Recital 7

>Original text>

Whereas is it desirable to involve the European Parliament in the discharge procedure;

>Text following EP vote>

Whereas

it is a prerequisite to involve the European Parliament in the discharge procedure, pursuant to Article 206 of the Treaty;

(Amendment 6)

ARTICLE 1(1)

Article 134(4) (Regulation (EC) No. 40/94)

>Original text>

4. Any revenue surplus to expenditure 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 European Communities as miscellaneous revenue. However, the Budget Committee may authorise the establishment of a reserve to cover future expenditure. Amounts may be entered in the said reserve only with the agreement of the Commission, after Parliament has been consulted.

>Text following EP vote>

4. 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 Office which may be revised after consultation of Parliament.

(Amendment 7)

ARTICLE 1(2)

Article 136 (Regulation (EC) No. 40/94)

>Original text>

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

>Text following EP vote>

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 Office shall be carried out by the Commission's Financial Controller, who shall ensure that the necessary practical arrangements are in place to allow swift and effective processing of the Office's financial transactions and to prevent excessive recourse to the use of imprest accounts.

(Amendment 8)

ARTICLE 1(3)

Article 137(2) (Regulation (EC) No. 40/94)

>Original text>

2. The Budget Committee shall, on the recommendation of the European Parliament, give a discharge to the President of the Office in respect of the implementation of the budget.

>Text following EP vote>

2.

The Office's Budget Committee shall, subject to the recommendation of the European Parliament, give discharge to the President of the Office 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. 40/94 of 20 December 1993 on the Community trade mark (COM(97)0489 - C4-0601/97 - 97/0253(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(97)0489 - 97/0253(CNS)) ((OJ C 335, 6.11.1997, p. 13.)),

- having been consulted by the Council pursuant to Article 235 of the EC Treaty (C4-0601/97),

- 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.