Proposal for a Council Regulation (EC) amending Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark
Date: 1997-10-06
Institutions: European Commission
Subjects: EU office or agency, EU trade mark, budgetary discharge, financial control, own resources, regulation (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 06.10.1997 
COM(97) 489  final 

97/0253 (CNS) 
97/0254 (CNS) 
97/0255 (CNS) 
97/0256 (CNS) 
97/0258 (CNS) 
97/0259 (CNS) 
97/0260 (CNS) 
97/0261 (CNS) 
97/0262 (CNS) 

Proposals for 

COUNCIL REGULATIONS (EC) 

amending the basic regulations of certain decentralized Community agencies 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

During  the  last  two  years  all  the  newly  created  agencies  have  become  fully 
operational.1  They should be subject to the highest levels of public accountability and 
transparency.  Recent  experience  has  shown that  in this respect  some  changes to  the 
regulatory  framework  governing  the  agencies  would  be  desirable.  Moreover,  since 
1990 Parliament  has demanded that the budgetary authority  should be given increased 
budgetary  control over the "second-generation" agencies, in line with the model still in 
force  for  the  two  "first-generation"  agencies.2  There  are  three  outstanding  points  at 
issue : the granting of discharge to these agencies, the  treatment of their resources vis 
à  vis  Community  own  resources  and  the  exercise  of  their financial control  by  the 
Commission's Financial Controller. To make modifications concerning these questions, 
the  regulations  establishing  each  of  the  new  agencies  have  to  be  amended.  The 
attached proposals contain the amendments which the Commission considers necessary 
in accordance with the approach set out below. 

A)  THE POWER OF DISCHARGE 

The  regulations  setting  up  first-generation  agencies  provide  that  discharge  is 
granted  by  Parliament,  after  consultation  of  the  Council,  to  the  Management 
Board,  in line with the procedure laid down in Article 206 of the Treaty. With all 
the other "second-generation"  agencies the basic regulations provide for  discharge 
to be given to the Director of the Agency by the Management Board.3 

No  major  legal  difficulties  would  be  involved  in  also  granting  Parliament  the 
power  of discharge over the budgets of these agencies, at least for those agencies 
financed  mainly by a subsidy from the general budget.4  Indeed, these agencies are 
supply-led. 
It  should  also  be  recognised  that  the  manner  in  which  the 
Management  Boards  of  these  agencies  are  constituted  often  does  not  always 
guarantee  sufficient  expertise  in  budgetary  issues  to  ensure  that  discharge  is 
actually granted in full knowledge of all the relevant issues. 

the  European 
The  European  Environment  Agency,  the  European  Training  Foundation, 
Monitoring  Centre for  Drugs and Drug Addiction, the European Agency for  Safety  and  Health at 
Work,  the Translation  Centre for  Bodies of the European Union, the Office  for  Harmonisation  in 
the  Internal  Market,  the  European  Agency  for  the  Evaluation  of  Medicinal  Products,  the 
Community Plant Variety Office,  the European Monitoring Centre on Racism and Xenophobia. 
The  "first-generation"  agencies  are  those  set  up  in  1975  :  CEDEFOP  (Thessaliniki)  and  the 
European Foundation for the Improvement of Living and Working Conditions (Dublin). 
In  the  "first-generation"  agencies  the  Management  Board  executes  the  budget  (although  this  is 
normally  delegated  to the Director).  In all the new agencies, the basic regulations lay down that 
the Director is responsible for executing the budget. 
The  European  Environment  Agency,  the  European  Training  Foundation, 
the  European 
Monitoring  Centre for Drugs and Drug Addiction and the European Agency for  Safety and Health 
at  Work, 
the 
Translation Centre. 

the  European  Monitoring  Centre  on  Racism  and  Xenophobia  plus 

1 

However,  the  agencies  that  are  entirely  or  largely  self-financing  from  their  own 
resources  cannot  be  dealt  with  in the  same manner.  These  agencies  operate  in a 
different  context,  because their system of own resources  is governed  by a  specific 
regulation  of  the  legislative  authority  and their  revenue  and  expenditure  are  to  a 
large  extent  demand-led.  In  this  case,  Parliament  would  effectively  be  granting 
discharge  on the use  of  sums  of money  derived  not from appropriations  voted  by 
Parliament  but from charges  and  fees  paid  by  those  using  the  agency's  services. 
There  could  be  no  question  of  a  double  discharge  according  to  the  origin  of  the 
appropriations  (one  by the Parliament  on the  use  of the  subsidy from the  budget, 
another  by  the  Management  Board  for  its  own  resources),  because,  by  virtue  of 
the  principle  of  universality  of  the  agencies'  budgets,  execution  of  the  budget  is 
the  same  no  matter  where  the  appropriations  come  from.  In  any  event,  these 
agencies  always  retain  the  assurance  that  they  can  request  funds  from  the 
budgetary authority to meet their obligations. 

A  distinction  is  therefore  made  between  agencies  that  depend  mainly  on  a 
Community  subsidy  and  agencies  that  finance  themselves  mainly  through  their 
own  resources.  For  the  former  it  is  proposed  to  provide  for  discharge  to  be 
granted  by  Parliament  on  the  recommendation  of  the  Management  Boards.  A 
mixed formula linking Parliament with the discharge procedure is proposed  for the 
agencies which are mainly or entirely  self-supporting  : discharge  could  be  granted 
by the Management Board,  on the recommendation of Parliament. 

B)  AGENCIES'  OWN RESOURCES 

Some  new  agencies5  finance  themselves  entirely  or  mainly  from  their  own 
resources,  which  are  made  up  of  charges  or  fees  paid  by  companies  for  the 
services  provided  by the  agency.  The  question  arises how  these  charges  and  fees 
should be treated  : as the Agencies'  own resources,  as Community  own  resources 
and being entered in the general budget or as a mixed form of both. 

This point has already been raised by the Parliament in the  debate  surrounding the 
Regulation  on  fees  payable  to  the  European  Agency  for  the  Evaluation  of 
Medicinal Products in London. 

It  is  important  to  underline  the  fact  that  all  the  agencies  have  their  own  legal 
personality  distinct  from  that  of  the  Community.  This  distinguishes  them from, 
say,  the  Office  for  Official  Publications,  whose  revenue  and  expenditure  is 
included  in the  general  budget  because  it is  an interinstitutional  office  without  its 
own legal personality. 

Moreover,  Council  Regulation  (EC)  No  2223/96  of  25 June  1996,  on  the 
European system of national and regional accounts in the Community,  classifies  in 
the  sector  "non-financial  corporations" those  public  producers  which by virtue  of 
special  legislation  are recognised  as  independent  legal  entities,  which  are  market 
producers  principally  engaged  in the production  of  services  and which  are mainly 
or fully financed  by own resources.  This sector is distinct from the  sector "general 

5  The Office  for Harmonisation  in the Internal  Market,  the European  Agency for  the Evaluation  of. 

Medicinal Products, the Community Plant Variety  Office. 

government".  At  the  European  level,  the  expenditure  and  resources  of  these 
agencies  must 
the  Community's 
therefore  be  clearly  distinguished  from 
expenditure and own resources, which must be entered in the general budget. 

The  same  principle  has  always  been  applied  to  the  "minor  revenue"  (sale  of 
publications,  bank  interest)  accruing  to  CEDEFOP  and  the  Dublin  Foundation. 
This revenue is booked directly to the budget of each of these agencies and, when 
it  exceeds  initial  forecasts,  leads  to  a  reduction  in  the  subsidy  paid  by  the 
Commission, but is never returned to the general budget. 

On the other hand, even the agencies which are mainly self-financing,  do not have 
unlimited  budgetary  autonomy.  Their  budgets  should  be  in  equilibrium  on  an 
annual basis and, if necessary,  a request for  a balancing  subsidy can be submitted 
to the budgetary  authority.  Thus, these agencies are not,  and  should  not become, 
profit-making  bodies.  If  their  revenue  is  structurally  higher  than  an  appropriate 
level of expenditure, then urgent proposals  should be made to reduce the level of 
fees  charged  to  their  "customers".  Consequently,  once  they  have  ensured  that 
they  can  properly  finance  their  administrative  running  costs  and  have  built  up 
sufficient  funds  to  ensure  that  they  can  cover  current  liabilities,  any  exceptional 
surplus  revenue  should  be paid  into the  Community  budget.  These  contributions 
would be entered in the general budget as miscellaneous revenue. 

In other words, in this way one can avoid  certain agencies creating large general 
reserves  and  over  time  becoming  uncontrollable.  The  possibility  of  maintaining 
reserves for  future  expenditure  could be permitted,  but in practice this  should  be 
limited  to  reserves  for  liabilities  resulting  from  identified  legal  obligations 
following  applications  (e.g.  registration,  examination,  translation,  publication,...). 
To  reinforce  external  control  it  is  proposed  that  the  decision  to  set  up  such  a 
reserve  should  be  given  by  the  Management  Board  with  the  assent  of  the 
Commission, which will first consult Parliament. 

C)  EXERCISE OF THE FUNCTION OF FINANCIAL CONTROLLER 

Most  of  the  regulations  establishing  agencies  provide  that  the  Commission's 
Financial Controller is to act as the financial  controller of the agency. However, in 
four  cases7  the  basic  regulation  allows  the  respective  Management  Boards  to 
designate their own financial  controller. 

To  ensure  an independent  and uniform  control  of all agencies, the  Commission's 
Financial Controller should also be the financial controller for the agency.8 

To  achieve  this  result  and  resolve  the  matter,  it  would  be  enough  for  the 
Management  Board  to  appoint  the  Commission's  Financial  Controller  as  the 
financial  controller  of the  agency.  This happened  in the  case  of the  Environment 

6  Paragraphs 2.23 and 2.68 of Annex I to Regulation (EC) No 2223/96. 

European Environment Agency Office,  Office for Harmonisation in the Internal  Market,  European 
Agency for the Evaluation of Medicinal Products, Community Plant Variety  Office. 
Commission  Communication  to  the budgetary  authority  on  the  treatment  of the  main  budgetary 
aspects  in  the  rules  governing  decentralised  Community  bodies  (SEC(92)2389  final  of 
17 December  1992). 

Agency.  However,  some  Management  Boards  have  not  done  this,  despite 
proposals  to  this  effect  by  the  Commission  representatives  on  those  Boards,  and 
have appointed their own financial  controller. 

An  amendment  to  the  basic  regulations  to  require  these  agencies  to  appoint  the 
Commission's Financial Controller is therefore proposed. 

The  regulations  establishing  these  agencies  should  therefore  be  amended  as 
proposed below: 

a)  as  regards  discharge,  in the  case  of  agencies  mainly financed by  a  Community 
subsidy  discharge  should  be granted  by Parliament,  on the  recommendation  of 
the  Management  Board.  For  the  other  agencies  that  are  entirely  or  mainly 
self-financed,  discharge  should  be  granted  by  the  Management  Board  on  the 
recommendation of Parliament; 

b)  in terms of revenue,  the proceeds  of charges or fees  should  still  be regarded  as 
the  agencies'  own  resources.  However,  any  surpluses,  after  making  provision 
for  future  expenditure  resulting  from  legal  obligations  following  applications, 
should be paid into the general budget (as miscellaneous revenue); 

c)  as  regards financial control,  the  agencies'  basic  regulations  allowing  them  to 
appoint  their  own  financial  controllers  should  be  amended  to  provide  that 
financial  control be performed by the Commission's Financial Controller. 

^UUNCIL,  K E G U L A I I UN 
( 
COUNCIL  REGULATION  (EC)  No  40/94  OF  20  DECEMBER  1993  ON  THE 
* -v  ^ - o /. 
COMMUNITY TRADE MARK 

)  A M E N D I NG 

(EC)  JNo 

)  of 

( 

,  ^ 

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,1 

Having regard to the opinion of the European Parliament,2 

Whereas,  on 20 December  1993, the Council adopted  Regulation  (EC) No 40/94  on the 
Community trade mark;3 

Whereas the Office  for Harmonization in the Internal Market ("the Office")  established by 
the aforesaid  Regulation may not be regarded as a profit-making  organisation; 

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; 

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; 

Whereas  the financial provisions governing  the  decentralised  agencies  established  by  the 
Community  should be harmonised,  particularly in the matter of the controls to  which the 
Office  is subject; 

Whereas the Commission's Financial  Controller  is the person best  placed  to  perform  the 
tasks of Financial Controller of the Office; 

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

HAS ADOPTED TfflS REGULATION. 

Article 1 

1.  The following paragraph is added to Article  134 of Regulation (EC) No 40/94: 

"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 

( 
( 

1 
2 
3  OJL11,  14.1.1994, p. 1. 

) 
) 

1<* 

entered in the said reserve only with the agreement of the Commission, after 
Parliament has been consulted. " 

2.  Article  136 is replaced by the following: 

"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. " 

3.  Article  137(2) is replaced by the following: 

"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. " 

Article 2 

This  Regulation  shall  enter  into  force  on  the  third  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 

COUNCIL  REGULATION 
)  AMENDING 
COUNCIL REGULATION  (EC) No 2100/94 OF 27 JULY  1994 ON  COMMUNITY 
PLANT VARIETY RIGHTS 

(EC)  No  ( 

)  of  ( 

v\d^ Co$ 

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,4 

Having regard to the opinion of the European Parliament,5 

Whereas,  on  27  July  1994,  the  Council  adopted  Regulation  (EC)  No  2100/94  on 
Community plant variety  rights;6 

Whereas  the  Community  Plant  Variety  Office  ("the  Office")  established  by the  aforesaid 
Regulation may not be regarded as a profit-making  organisation; 

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; 

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; 

Whereas the financial provisions governing the decentralised  agencies  established  by the 
Community  should be harmonised,  particularly in the matter  of the  controls to which the 
Office  is subject; 

Whereas the  Commission's  Financial  Controller is the person best  placed  to  perform  the 
tasks of Financial Controller of the  Office; 

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

HAS ADOPTED THIS REGULATION. 

Article 1 

4.  The following paragraph is added to Article  108 of Regulation (EC) No 2100/94: 

Any  revenue surplus to expenditure during a particular  financial 
"5. 
year  shall, after account has  been taken of  the  decrease in the Community 

( 
( 

4 
5 
6  OJ L 227, 1.9.1994, p.l. 

) 
) 

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. " 

5. 

In Article  111: 

(a) paragraph  1  is replaced by the following: 

"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. "; 

(b) paragraph 3 is replaced by the following: 

"The Administrative Council 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. " 

Article 2 

This  Regulation  shall  enter  into  force  on  the  third  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 

COUNCIL  REGULATION  (EC) No ( 
COUNCIL  REGULATION  (EEC) No 2309/93 OF 22 JULY  1993 LAYING  DOWN 
COMMUNITY  PROCEDURES  FOR THE AUTHORISATION  AND 
SUPERVISION  OF MEDICINAL PRODUCTS FOR HUMAN AND 
VETERINARY  USE AND ESTABLISHING  A EUROPEAN AGENCY FOR  THE 
EVALUATION  OF MEDICINAL  PRODUCTS 

) AMENDING 

) of ( 

<K\ oibS CcH^) 

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'7 

Having regard to the opinion of the European Parliament,** 

Whereas,  on  22  July  1993,  the  Council  adopted  Regulation  (EEC)  No 2309/93  laying 
down Community procedures for the authorisation  and  supervision  of medicinal products 
for  human  and  veterinary  use  and  establishing  a European  Agency  for  the Evaluation  of 
Medicinal Products ("the Agency");9 

Whereas the Agency may not be regarded as a profit-making organisation; 

Whereas,  since the  Agency  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  Agency  to  be 
paid into the general budget of the European Communities; 

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; 

Whereas the financial provisions governing the  decentralised  agencies  established  by the 
Community  should be harmonised,  particularly  in the matter  of the  controls to which the 
Agency is subject; 

Whereas  the  Commission's  Financial  Controller  is the person  best  placed  to  perform  the 
tasks of Financial Controller of the Agency; 

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

HAS ADOPTED THIS REGULATION: 

In Article 57 of Regulation (EC) No 2309/93 

Article 1 

) 
) 

( 
( 
OJ L 214, 24.8.1993, p.l. 

(a)  The following  paragraph 6a is inserted after  paragraph 6: 

"6a. 
Any  revenue surplus  to expenditure during  a particular  financial 
year  shall,  after  account has  been taken of  the decrease in  (he 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. " 

(b)  Paragraph 8 is replaced by the following: 

"8.  Control of  commitment and payment  of  all  expenditure and  control of 
the establishment and recovery of all revenue of the Agency shall be carried 
out by the Commission's Financial Controller. " 

(c)  The second  subparagraph of paragraph 9 is replaced by the following: 

"The Court of Auditors shall examine the balance sheet in accordance with 
Article  188c of the Treaty. " 

(d)  Paragraph  10 is replaced by the following: 

"10. The Management Board 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. " 

Article 2 

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

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

in  all 

Done at Brussels, 

For the Council 

The President 

(EC)  No  ( 

)  AMENDING 
COUNCIL  REGULATION 
COUNCIL  REGULATION  (EEC)  No  1210/90  OF  7  MAY  1990  ON  THE 
ESTABLISHMENT  OF THE EUROPEAN  ENVIRONMENT AGENCY AND THE 
INFORMATION  AND  OBSERVATION 
EUROPEAN  ENVIRONMENT 
NETWORK 

)  of 

( 

^  DU^Cz £cKs) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community  and,  in  particular, 
Article  130s thereof, 

Having regard to the proposal from the Commission,10 

Having regard to the opinion of the European Parliament,11 

Having regard to the opinion of the Economic and Social Committee,12 

Whereas,  on  7  May  1990,  the  Council  adopted  Regulation  (EEC)  No  1210/90  on  the 
establishment  of  the  European  Environment  Agency  and  the  European  Environment 
Information  and Observation Network;13 

Whereas the financial  provisions governing the  decentralised  agencies established  by the 
Community  should be harmonised,  particularly in the matter of the  controls to which the 
Agency is subject; 

Whereas the Commission's  Financial Controller  is the person best  placed  to  perform  the 
tasks of Financial Controller of the  Office; 

Whereas is it desirable for  the power  to  grant  discharge to  be assigned  to  the  European 
Parliament on the recommendation of the Management Board, 

HAS ADOPTED THIS REGULATION: 

Article 1 

In Article  13 of Regulation (EC) No 1210/90: 

(a)  Paragraph 2 is replaced by the following: 

"2. Control of commitment and payment of all  expenditure  and control of 
the establishment and recovery of all revenue of the Agency shall be carried 
out by the Commission's Financial Controller. "; 

( 
( 
( 

10 
11 
12 
13  OJ L 120, 11.5.1990, p. 1. 

) 
) 
) 

(b)  Paragraph 4 is replaced by the following: 

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

Article 2 

This  Regulation  shall  enter  into  force  on  the  third  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 

......)  AMENDING 
COUNCIL  REGULATION 
COUNCIL REGULATION  (EC) No 2062/94 OF 18 JULY  1994 ESTABLISHING A 
EUROPEAN  AGENCY FOR  SAFETY AND HEALTH AT WORK 

(EC)  No 

)  of  ( 

„<x 

( 

01S%  6 L H S) 

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,14 

Having regard to the opinion of the European Parliament,15 

Whereas, on  18 July  1994, the Council adopted Regulation (EC) No 2062/94  establishing 
a European Agency for  Safety and Health at Work ("the Agency");16 

Whereas  the financial provisions  governing  the  decentralised  agencies  established  by the 
Community should be harmonised; 

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

HAS ADOPTED THIS REGULATION: 

Article 1 

Article  14(4) of Regulation (EC) No 2062/94 is replaced by the following: 

"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. " 

Article 2 

This  Regulation  shall  enter  into  force  on  the  third  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 

( 
( 

14 
15 
16  OJL  216, 20.8.1994, p.l. 

) 
) 

(EC)  No 
)  AMENDING 
( 
COUNCIL  REGULATION 
(EEC)  No  302/93  OF  8  FEBRUARY  1993 
COUNCIL  REGULATION 
ESTABLISHING  A  EUROPEAN  MONITORING  CENTRE  FOR  DRUGS  AND 
DRUG ADDICTION 

)  of 

( 

^>[02Sn(cNLs) 

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,17 

Having regard to the opinion of the European Parliament,18 

(EEC) 
Whereas,  on  8  February 
No 3 02/93 establishing a European Monitoring Centre for Drugs and Drug Addiction ("the 
Centre");19 

adopted  Regulation 

the  Council 

1993, 

Whereas the  financial  provisions  governing the  decentralised  agencies  established  by  the 
Community should be harmonised; 

Whereas  is it desirable for  the power  to  grant  discharge  to  be  assigned  to  the  European 
Parliament on the recommendation of the Management Board, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Article 11(11) of Regulation (EEC) No 302/93 is replaced by the following: 

"11.  The European Parliament shall,  on  the recommendation of  the Management 
Board,  give  a  discharge  to  the  Director  of  the  Centre  in  respect  of  the 
implementation of the budget. " 

Article 2 

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

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

in  all 

Done at Brussels, 

For the Council 
The President 

17  ( 
18  ( 
19  OJ  L  36,  12.2.1993,  p.l; 

) 
) 

22 December 1994 (OJ L 341, 30.12.1994, p.7). 
10 

as  last  amended  by  Council  Regulation  (EC)  No  3294/94  of 

COUNCIL  REGULATION 
)  AMENDING 
COUNCIL REGULATION (EEC) No 1360/90 OF 7 MAY 1990 ESTABLISHING A 
EUROPEAN TRAINING FOUNDATION 

(EC)  No  ( 

)  of  ( 

°(\lù1SoO  Ccus>\ 

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,20 

Having regard to the opinion of the European Parliament,21 

Whereas, on 7 May  1990, the Council adopted Regulation (EEC) No  1360/90 establishing 
a European Training Foundation ("the Foundation");22 

Whereas the financial  provisions governing the decentralised  agencies established  by the 
Community should be harmonised; 

Whereas is it  desirable for  the power  to  grant  discharge to  be assigned  to  the  European 
Parliament on the recommendation of the Governing Board, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Article  11(4) of Regulation (EEC) No  1360/90 is replaced by the following: 

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

Article 2 

This  Regulation  shall  enter  into  force  on  the  third  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 

( 
( 

20 
21 
22  OJ  L  131, 23.5.1990,  p.l;  as  last  amended  by  Council  Regulation  (EC)  No 2063/94  (OJ  L  216, 

) 
) 

20.8.1994, p.9). 

11 

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

(EC)  No  ( 

)  of 

( 

^n-joik I (<:KS) 

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,23 

Having regard to the opinion of the European Parliament,24 

Whereas,  on  28  November  1994,  the  Council  adopted  Regulation  (EC)  No 2965/94 
setting up a Translation Centre for Bodies of the European Union ("the Centre");25 

Whereas the financial provisions governing the decentralised  agencies  established  by the 
Community should be harmonised; 

Whereas is it desirable for  the power  to  grant  discharge to  be  assigned  to  the  European 
Parliament on the recommendation of the Management Board, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Article  14 (4) of Regulation (EC) No 2965/94 is replaced by the following: 

"The European Parliament shall,  on  the  recommendation of  the Management 
Board,  give  a  discharge  to  the  Director  of  the  Centre  in  respect  of  the 
implementation of the budget. " 

Article 2 

This  Regulation  shall  enter  into  force  on  the  third  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 

23  ( 
24  ( 
25  OJ  L  314,  7.12.1994,  p.l; 

) 
) 

as  last  amended  by  Council  Regulation  (EC)  No 2610/95  of 

30 October  1995 (OJ L 268, 10.11.1995, p.l). 

12 

COUNCIL  REGULATION 
)  AMENDING 
COUNCIL REGULATION  (EC) No 1035/97 OF 2 JUNE  1997 ESTABLISHING A 
EUROPEAN MONITORING CENTRE ON RACISM AND XENOPHOBIA 

(EC)  No  ( 

)  of  ( 

*UP  OJLZCCH^ 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community  and,  in  particular, 
Articles 213 and 235 thereof, 

Having regard to the proposal from the Commission,26 

Having regard to the opinion of the European Parliament,27 

Whereas, on 2 June  1997, the Council adopted Regulation (EC) No 103 5/97 establishing a 
European Monitoring Centre on Racism and Xenophobia ("the Centre");28 

Whereas the financial  provisions governing the  decentralised  agencies established  by the 
Community should be harmonised; 

Whereas is it  desirable for  the power  to  grant  discharge to  be  assigned  to  the  European 
Parliament on the recommendation of the Management Board, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Article  12(11) of Regulation (EC) No  1035/97 is replaced by the following: 

"11.  The  European Parliament shall, on the recommendation  of the Management 
Board,  give  a  discharge  to  the  Director  of  the  Centre  in  respect  of  the 
implementation of the budget. " 

Article 2 

This  Regulation  shall  enter  into  force  on  the  third  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 

( 
( 

26 
27 
28  OJL  151, 10.6.1997, p.l. 

) 
) 

13 

ISSN 0254-1475 

COM(97) 489  final 

DOCUMENTS 

EN 

01  13 

Catalogue number  : CB-CO-97-515-EN-C 

ISBN 92-78-25660-9 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

14-