Amended proposal for a COUNCIL REGULATION (EC) AMENDING COUNCIL REGULATION (EC) NO 2965/94 OF 28 NOVEMBER 1994 SETTING UP A TRANSLATION CENTRE FOR BODIES OF THE EUROPEAN UNION
Date: 1995-10-27
Institutions: European Commission
Subjects: Community body, board of directors, budget financing, interinstitutional cooperation (EU), translation

COMMISSION OF THE EUROPEAN COMMUNITIES 

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Brussels, 27.10.1995 
COM(95) 537  final 

95/0099 (CNS) 

Amended  proposal  for a 

COUNCIL  REGULATION  (EC) 

AMENDING 

COUNCIL REGULATION  (EC) NO 2965/94 OF 28 NOVEMBER  1994 
SETTING  UP A TRANSLATION  CENTRE FOR 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  AMENDING 
COUNCIL  REGULATION  (EC)  NO 2965/94  OF  28 NOVEMBER  1994 
SETTING  UP A TRANSLATION  CENTRE  FOR  BODIES  OF  THE 
EUROPEAN  UNION 

EXPLANATORY  MEMORANDUM 

Following  the opinion éeliv«@d by the Europ®an Parliament  on 20 September  1995 the 
Commission  hereby  suferaks to the Council an amended proposal  which  incorporates  all 
amendments  presented  by Parliament. 

Amendment n° 1, which aims at avoiding a parallel structure of coordination and at using 
the Translation  Centre  for  interinstitutionnal  collaboration  in the  medium  term  in areas 
on  which  all  the  bodies  concerned  are  agreed,  is  accepted  as  a  logical  and  useful 
expansion  of  the  Commission  proposal. 

Amendments n° 2 and 3 logically follow from amendment n° 1, and amendments ne 4 and 
6  take  account  of  the  fact  that  if  the  Centre  k  to perform  work  for  the  institutions  the 
latter  must be in a position to contribute  to the revenue of the Centre.  The  Commission 
therefore  accepts  these  amendments  as well. 

Amendment n° 5 is accepted as it has proved éifffoult  ill practice to apply the percentage 
approach enshrined  in the original  Regulation.  It therefore  makes sense to provide  thai 
the contributing bodies  should  contribute a lump sum from  their  budgets  at  the start  of 
the  financial  year. 

z 

Proposal  for  a  Council  Regulation 
amending  Council  Regulation  (EC)  No 
2965/94  of  28 November  1994 setting  up  a 
Translation  Centre  for  bodies  of  the 
European  Union' 

Amended  proposal  following  the  opinio  ,  <: 
the  European  Parliament" 

THE COUNCIL OF THE EUROPEAN 
UNION, 

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, 

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Having  regard  to the opinion of the  European 
Parliament, 

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Whereas  it is necessary  to strengthen  the 
administrative  collaboration  between  the 
institutions  and bodies  of the Union with a view 
to rationalising  working  methods  and  making 
overall  savings; 

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Whereas  translation  constitutes  one of the 
sectors of  activity  where  such  interinstitutional 
collaboration  can  be  strengthened; 

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Whereas  the Translation  Centre  set up by 
Council  Regulation  (EC)  No 2965/943 should 
form  an  integral  part  of  such  interinstitutional 
collaboration  in the translation  domain; 

Whereas  the Translation  Centre  set  up by 
Council  Regulation  (EC)  No 2965/944 should 
form  an  integral  part  of  such  interinstitutional 
collaboration  in the translation  domain; 
whereas  one of  the aims of  such  integration 
shall  be to avoid  the development  of  a parallel 
structure  for collaboration  between  the 
translation  services,  and  in the medium  term  to 
use the Centre  for  such  activities; 

OJ  C143,  9 June  1995, p.  25 

EP  193.732 

OJ  L 314, 7 December  1994, p. 1 

OJ  L 3 1 4,  7  D e c e m b er  1 9 9 4,  p. 

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Whereas  it  is therefore  necessary  to extend  the 
scope  of  the  services  provided  by  the  Centre  to 
enable  those  institutions  and  bodies  of  the 
Union  which  already  have  a translation  service 
to have  access  to the Centre's  services; 

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Whereas,  in  order  to avoid  any  confusion  over 
the broader  scope  of the Regulation,  it is 
necessary  to  replace,  in the earlier  text  of the 
Regulation,  the word  "bodies" by  the term 
"agencies  and  offices"  wherever  necessary; 

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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: 

CHAPTER  ONE 

Amendment  to Council  Regulation  (EC) No 
2965/94  of  28 November  1994 setting up a 
Translation  Centre  for  the bodies  of the 
European  Union 

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Article  1 

1 .Article  2(1)  is amended  as  follows: 

l.The  Centre  shall  provide  the necessary 
translation  services  for  the operation  of the 
following  agencies  and  offices: 

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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 
Medical  Products; 
-the  Agency  for  Health  and  Safety  at  Work; 
-the  Office  for  Harmonization  in the  Internal 
Market  (trademarks,  designs  and  models); 
-the  European  Police  Office  (Europol)  and  the 
European  Drugs  Unit. 

j  The  Centre  and  each  of the  agencies  and  offices 

mentioned  above  shall  make  arrangements 
covering  the ways  in which  they  will  cooperate. 

|  2.Article  2(2)  is amended  as  follows: 

]  2.  Agencies  and  offices  set up by  the Council 

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other  than  those  referred  to in paragraph  1 may 
have  access  to the  services  of  the Centre  on the 
basis  of  arrangements  to be  agreed  with  the 
Centre. 

3.  A new  Article  2(3)  is inserted  as  follows: 

3.  The  institutions  and  bodies  of  the  Union 
which  already  have  their  own translation  service 
may  have  access  to the  services  of the  Centre 
on a reciprocal  basis,  to be determined  in 
accordance  with  arrangements  to be agreed 
between  the parties. 

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New  Article  2(4) 

The Centre  shall  participate  as  a  full  member  in 
the work  of  the  interinstitutional  committee  for 
translation  in all  areas  covered  by  the 
collaboration.  This collaboration  shall  also seek 
to have  the activities  whose  amalgamation  has 
been  agreed  between  the  institutions,  offices 
and  agencies  carried  out  in the  medium  term 
via the Centre. 

Article 2 

1.  Article  4(1)  is amended  as  follows: 

1. The  Centre  shall  have  a Management  Board 
consisting  of: 

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(a) 

a representative  from  each  of  the  agencies 
and  offices  listed  in  Article  2(1); any 
arrangement  referred  to  in Article  2(2) 
may  envisage  a representation  of the 
agency  or office  party  to that 
arrangement; 

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(b) 

a representative  from  each  of the  Member 
States  of  the  European  Union; 

(b) 

a representative  from  each  of the 
Member  States  of  the  European  Union; 

and 

(c) 

two representatives  from  the 
Commission. 

(c) 

two representatives  from  the  Commission 

and 

d) 

one representative  each  from  the 
institutions,  agencies  and  offices 
which  have  their  own  translation 
services  but  have  concluded 
agreements  with  the Centre  for 
collaboration  on  a reciprocal  basis. 

Article  3 

1.  Article  10(2)  is amended  as follows: 

2.(a)  The  revenue  and  expenditure  shown in 
the  Centre's  budget  shall  be  in balance. 

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(b)  Subject  to the provision  set  out in 

(b)  Subject  to the  provision  set  out  in 

subparagraph  (c) concerning  the  start-up 
period,  the  revenue  shall  come  from  the 
payments  made  by the  agencies  and 
offices  serviced  by the  Centre  in return 
for  work  performed  by  it. 

subparagraph  (c) concerning  the  start-up 
period,  the  revenue  shall  come  from  the 
payments  made  by  the  agencies  and  offices 
serviced  by  the  Centre  and  the  institutions 
with  which  collaboration  has been  agreed  in 
return  for  work  performed  by  it. 

(c)  In  the  start-up  period,  which  shall  not 
exceed  three  budgetary  exercises: 

(c)  In the  start-up  period,  which  shall  not 

exceed  three  financial  years: 

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the offices  and  agencies  serviced  by 
the  Centre  shall  contribute  a lump 
sum contribution  which  will  be a 
percentage  of  their  budget,  based  on 
the best  possible  information,  and 
which  will  be adapted  in the  light of 
the  actual  work  performed; 

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the  offices,  agencies  and  institutions 
serviced  by  the  Centre  shall  at  the  start 
of  a financial  year  make  a lump sum 
contribution  from  their  budgets,  based 
on the  best  possible  information,  and 
which  will  be  adapted  in the  light  of the 
actual  work  performed; 

-  a contribution  may  be made  from  the 

-  a contribution  may  be  made  from  the 

general  budget  of the  European 
Communities  to the  Centre  to ensure 
its  operation. 

general  budget  of the  European 
Communities  to the  Centre  to ensure  its 
operation. 

Article 4 

1.  Article  11(1)  is amended  as  follows: 

1.  Before  the  review  provided  for  in Article  19, 
any  agency  or office  referred  to in Article  2(1) 
which  is experiencing  particular  difficulties  in 
connection  with  the provision  of  services  by the 
Centre  may  approach  the  Centre  in order  to 
seek  the  most  appropriate  solutions  to those 
difficulties. 

2.  Article  11(2) is amended  as  follows: 

2.  If  it proves  impossible  to arrive  at such 
solutions  within  three  months,  the  agency  or 
office  in question  may  send  a duly  substantiated 
communication  to the  Commission,  so that  the 
Commission  can  take  the necessary  measures 
and,  if  appropriate,  organize,  under  the 
auspices  of  the  Centre  and  with  its assistance, 
more  systematic  recourse  to third  parties  for 
translation  of  the documents  concerned. 

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Article  5 

1.  Article  13(2) is amended  as  follows: 

2.  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  agencies  and 
offices  listed  in Article  2  in the  preliminary 
draft  budget  which  it  places  before  the  Council 
pursuant  to  Article  203 of  the  Treaty. 

2.  Article  13(3) is amended  as  follows: 

3.  The  Management  Board  shall  adopt  the 
Centre's  budget  before  the  beginning  of the 
financial  year,  adjusting  it where  necessary  to 
the payments  made  by  the  agencies  and  offices 
mentioned  in Article  2. 

3.  The  Management  Board  shall  adopt  the 
Centre's  budget  before  the beginning  of the 
financial  year,  adjusting  it where  necessary  to 
the payments  made  by  the  agencies,  offices  and 
institutions  mentioned  in Article  2. 

CHAPTER  II 

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Final  provisions 

Article  6 

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

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

Done  at  Brussels 

For the Council 
The  President 

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ISSN 0254-1475 

COM(95) 537 final 

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