Amended proposal for a COUNCIL REGULATION (EC) SETTING UP A TRANSLATION CENTRE FOR THE BODIES OF THE EUROPEAN UNION
Date: 1994-12-01
Institutions: European Commission
Subjects: EU office or agency, administrative structures, financial management, personnel administration, translation

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 

THE COUNCIL OF THE EUROPEAN 
UNION, 

Amended  text 

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Having regard to the Treaty  establishing 
the European  Community,  and  in particular 
Article 235 thereof, 

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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; 

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1  OJ  No  C  3 2 3,  3 0 . 1 1 . 1 9 9 3,  p .l 

2^ 

Whereas the rules governing  the Centre 
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; 

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Whereas the Treaty does not provide 
specific powers of action for the adoption 
of this Regulation,  other than those 
contained in Article 235, 

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HAS ADOPTED THIS REGULATION: 

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Article  1 

A Translation Centre for the bodies of the 
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: 

Article 1 

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Article 2 

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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 3 

1. 

The Centre shall have legal 
personality. 

Article 3 

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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. 

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Article 4 

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Article 4 

1. 

The Centre shall have a Management 
Board consisting  of: 

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(a) 

a representative from each of 
the bodies listed in Article 2; 
and 

(b) 

a Commission  representative. 

2. 

3. 

The management  board shall be 
chaired by the Commission 
representative. 

The Commission  shall  appoint an 
alternate who will  replace the 
Chairman  in his absence. 

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Article 5 

Article 5 

1.  Members of the Management Board 

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shall be appointed for three years. 

2. 

The appointment of  members of the 
Management Board shall be 
renewable. 

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Article 6 

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Article 6 

1. 

2. 

3. 

The Chairman shall call  a meeting of 
the Management Board at least twice 
a year and if at least one-third of the 
members so request. 

Decisions of the Management Board 
shall be taken by a two-thirds 
majority. 

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Each member of the Management 
Board shall have one vote. 

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Article 7 

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Article 8 

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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 8 

1. 

The Management Board shall adopt 
the Centre's annual work programme 
on the basis of a draft prepared by 
the Director. 

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. 

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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. 

Article 9 

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The Director  shall  be the legal 
representative of the Centre.  He 
shall be responsible  for: 

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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. 

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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 

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3. 

The expenditure of the Centre shall 
include staff  remuneration, 
administrative  and  infrastructure 
expenses  and operating costs. 

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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. 

2. 

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; 

the management  of  basic 
administrative  services: payment  of 
salaries, provision  of health 
insurance, pension  schemes, 
organisation  of social  services. 

Article  11 

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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. 

? 

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Article  12 

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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. 

4. 

The Management  Board shall give a 
discharge to the Director of the 
Centre in respect of  implementation 
of the budget. 

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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 

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Article  14 

The Protocol on the Privileges and 
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. 

Article  14 

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Article 15 

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In respect of  its staff,  the Centre 
shall exercise the powers which have 
been devolved to the appointing 
authority. 

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The Management  Board, in 
agreement with the Commission, 
shall adopt the necessary 
implementing  provisions to ensure, 
inter alia,  the confidentiality  of 
certain work. 

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Article  16 

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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. 

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The personal  liability of the servants 
of the Centre shall be governed by 
the relevant provisions applying to 
them. 

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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. 

S» 

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Article  17 

This Regulation shall enter into force on 
the seventh day following  its publication in 
the Official  Journal of the European 
Communities. 

Article 17 

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It shall be binding in its entirety and 
directly applicable in all  Member States. 

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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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