Amended Proposal for Council Regulation (EC) amending Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights
Date: 1998-04-30
Institutions: European Commission
Subjects: European organisation, European patent, administrative procedure, industrial property, patent law, plant propagation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.04.1998 
COM(1998) 289  final 

97/0253 
97/0254 
97/0255 
97/ 0256 
97/0258 
97/0259 
97/0260 
97/ 0261 
97/0262 

(CNS) 
(CNS) 
(CNS) 
(CNS) 
(CNS) 
(CNS) 
(CNS) 
(CNS) 
(CNS) 

AMENDED PROPOSALS FOR 

COUNCIL REGULATIONS (EC) 

amending the basic regulations of certain decentralised Community agencies 

(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY  MEMORANDUM 

1. 

On  16 October  1997,1 the Commission approved a proposal  for the amendment of 
the  basic  regulations  of  nine  decentralised  Community  agencies  with  a  view  to 
subjecting them to the highest levels of public accountability and openness. 

The  European  Parliament  gave  its  opinion  on  the  proposal  at  its  part-session  of 
9-13  March,  voting  through  a  number  of  amendments,  some  of  which  the 
Commission can accept.2 

The  Economic  and  Social  Committee  was  consulted  in  accordance  with  Article 
130s of the Treaty  on the amendment to Council  Regulation  (EC) No  1210/90 of 
7  May  1990,  on  the  setting  up  of  the  European  Environment  Agency  and  the 
European  Environment  Information  and  Observation  Network,3  and  gave  its 
approval at its meeting of 28-29 January  1998. 

2. 

3. 

To  summarise,  those  amendments  which  the  Commission  can  approve  relate  to 
the  granting  of  discharge  to  the  decentralised  Community  agencies  and  to  the 
Commission's  Financial Controller acting as the agencies'  financial  controller. 

However,  the  Commission  cannot  support  Parliament's  amendments  on  own 
resources or on any surplus agency revenues. 

The Commission  cannot accept  the incorporation  of all of the agencies1 revenues 
into  the  Community  budget  and  the  right  to  evaluate  their  level  of  fees.  The 
Commission  wishes  to  preserve  the  management  autonomy  of  the  agencies  and 
considers that there is no need to change the system of setting fees or charges  for 
certain agencies. 

In accordance with Article  189a (2) of the EC Treaty, therefore, the Commission has 
drawn up the following amended proposals. 

1  COM (97) 489  final. 

2 

OJ 

The  Economic  and  Social  Committee  was only  consulted  about the amendment  of the  Regulation  on 
the  European  Environment  Agency, the  legal  basis for  which  is Article  130s of the Treaty. The  legal 
basis for all the other regulations is Article 235 of the EC Treaty. 

AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( 
of ( 

) 
) AMENDING COUNCIL REGULATION (EC) No 40/94 OF 20 

DECEMBER  1993 ON THE COMMUNITY TRADE MARK 

(presented by the Commission in accordance with Article 189a(2) of the EC Treaty 

97/ 0253 (CNS) 

AMENDED PROPOSAL 

INITIAL PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

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 20 December 1993, the 
Council adopted Regulation (EC) No 40/94 
on the Community trade mark;6 

WheTeas 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; 

( 
( 

4 
5 
6  OJL  11, 14.1.1994, p.l. 

) 
) 

INITIAL  PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

AMENDED  PROPOSAL 

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

in 

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

in 

i+ 

AMENDED  PROPOSAL 

INITIAL  PROPOSAL 
(COM(97) 489 final  of 6.10.1997) 

HAS ADOPTED THIS REGULATION: 

Article 1 

The following paragraph is added to 

1. 
Article  134 of Regulation (EC) No 40/94: 

in 

taken  of 

the  general  budget  of 

"4. 
Any revenue  surplus to  expenditure 
during  a  particular  financial  year  shall, 
after  account  has  been 
the 
decrease  in  the  Community  subsidy,  be 
entered 
the 
European  Communities  as  miscellaneous 
revenue.  However,  the  Budget  Committee 
the  establishment  of  a 
may  authorise 
expenditure. 
reserve 
Amounts may be entered in the said reserve 
only  with 
the 
Commission,  after  Parliament  has  been 
consulted." 

agreement 

to  cover 

future 

the 

of 

Article  136  is  replaced  by  the 

2. 
following: 

Article  136  is  replaced  by 

2. 
following: 

the 

"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." 

between 

harmonisation 

"To  ensure  a  maximum  of  transparency 
and 
the 
of 
decentralised 
all 
commitment 
the 
expenditure 
establishment  and  recovery  of  all  revenue 
of  the  Agency  shall  be  carried  out  by  the 
Commission's Financial  Controller." 

agencies. 
and 
and 

control 
of 
of 

payment 
control 

r 

INITIAL PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

I 

AMENDED PROPOSAL 

3. 
following: 

Article  137(2)  is  replaced  by  the  3. 

Article  137(2)  is  replaced  by  the 

following: 

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

European  European  Parliament 

implementation of the budget." 

has  made 

the 

of 

to 

Article 2 

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

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

Done at Brussels, 

For the Council 
The President 

( 

AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( 

) 

of ( 

) AMENDING COUNCIL REGULATION (EC) No 2100/94 OF 27 JULY 

1994 ON COMMUNITY PLANT VARIETY RIGHTS 

(presented by the Commission in accordance with Article  189a(2) of the EC Treaty 

97/0254(CNS) 

" 

INITIAL PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

I 

AMENDED PROPOSAL 

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,8 

Whereas, on 27 July  1994, the Council 
adopted Regulation (EC) No 2100/94 on 
Community plant variety rights;9 

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

) 
) 

( 
( 
OJL227,  1.9.1994, p. 1. 

INITIAL PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

AMENDED PROPOSAL 

is  a  body 
Whereas,  since  the  Office 
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  it  is  desirable  to  involve  the 
in  the  discharge 
European  Parliament 
procedure, 

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

r 

AMENDED PROPOSAL 

INITIAL PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

HAS ADOPTED THIS REGULATION: 

Article 1 

The following paragraph is added to 
(EC)  No 

1. 
Article  108  of  Regulation 
2100/94: 

taken  of 

Any revenue  surplus to  expenditure 
"5. 
during  a  particular  financial  year  shall, 
after  account  has  been 
the 
decrease  in  the  Community  subsidy,  be 
in  the  general  budget  of  the 
entered 
European  Communities  as  miscellaneous 
revenue.  However,  the  Budget  Committee 
the  establishment  of  a 
may  authorise 
reserve 
expenditure. 
Amounts may be entered in the said reserve 
only  with 
the 
Commission,  after  Parliament  has  been 
consulted." 

agreement 

to  cover 

future 

the 

of 

2. 

In Article  111: 

2. 

In Article 111 

(a)  paragraph  1 
following: 

is 

replaced  by 

the 

(a)  paragraph  1 
following: 

is 

replaced  by 

the 

"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."; 

between 

harmonisation 

"To  ensure  a  maximum  of  transparency 
and 
the 
decentralised 
of 
commitment 
all 
expenditure 
the 
establishment  and  recovery  of  all  revenue 
of  the  Agency  shall  be  carried  out  by  the 
Commission's Financial  Controller." 

agencies. 
and 
and 

control 
of 
of 

payment 
control 

INITIAL  PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

AMENDED PROPOSAL 

(b)  paragraph  3 
following: 

is 

replaced  by 

the 

(b)  paragraph  3 
following: 

is 

replaced  by 

the 

"The  Administrative  Council  shall,  on  the 
European 
recommendation 
of 
the 
Parliament,  give  a  discharge 
President  of  the  Office  in  respect  of  the 
implementation of the budget." 

the 

to 

"The Administrative  Council  shall, after  of 
the  European  Parliament  has  made  its 
recommendation,  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  European 
Journal  of 
the  Official 
Communities. 

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

Done at Brussels, 

For the Council 
The President 

la 

97/ 0255 (CNS) 

AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( 

) of 

) AMENDING 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 Tl IE 
EVALUATION OF MEDICINAL PRODUCTS 

(presented by the Commission in accordance with Article 189a(2) of the EC Treaty 

AMENDED PROPOSAL 

INITIAL PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

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»10 

Having regard to the opinion of the 
European Parliament,11 

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");12 

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

10 
n 
12 

) 
) 

( 
( 
OJL 214, 24.8.1993, p.l. 

11 

INITIAL  PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

AMENDED  PROPOSAL 

for  any 

the  Office 

Whereas,  since 
is  a  body 
governed  by  Community  law,  provision 
should  be  made 
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 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  it  is  desirable  to  involve  the 
European  Parliament 
the  discharge 
procedure, 

in 

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

in 

/JU 

INITIAL PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

AMENDED  PROPOSAL 

HAS ADOPTED THIS REGULATION: 

Article 1 

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

The  following  paragraph  6a 

(a) 
inserted after paragraph 6: 

is 

in 

taken  of 

the  general  budget  of 

"6a.  Any revenue  surplus to  expenditure 
during  a  particular  financial  year  shall, 
after  account  has  been 
the 
decrease  in  the  Community  subsidy,  be 
entered 
the 
European  Communities  as  miscellaneous 
revenue.  However,  the  Budget  Committee 
the  establishment  of  a 
may  authorise 
expenditure. 
reserve 
Amounts may be entered in the said reserve 
only  with 
the 
Commission,  after  Parliament  has  been 
consulted." 

agreement 

to  cover 

future 

the 

of 

Paragraph  8  is  replaced  by  the 

(b) 
following: 

Paragraph  8  is  replaced  by  the 

(b) 
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." 

between 

harmonisation 

"8.  To  ensure  a  maximum  of  transparency 
the 
and 
decentralised 
of 
all 
commitment 
the 
expenditure 
establishment  and  recovery  of  all  revenue 
of  the  Agency  shall  be  carried  out  by  the 
Commission's Financial  Controller." 

agencies 
and 
and 

control 
of 
of 

payment 
control 

i? 

INITIAL PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

I 

AMENDED  PROPOSAL 

(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." 

Paragraph  10 is replaced by the 

(d) 
following: 

Paragraph  10 is replaced by the 

(d) 
following: 

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

"10. The Management Board shall, after 
the European Parliament has made its 
recommendation, give a discharge to the 
Director of the Agency 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 

97/ 0256 (CNS) 

AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( 

) of 

( 

) AMENDING COUNCIL REGULATION (EEC) No  1210/90 OF 7 MAY 

1990 ON THE ESTABLISHMENT OF THE EUROPEAN ENVIRONMENT AGENCY 
AND THE EUROPEAN ENVIRONMENT INFORMATION AND OBSERVATION 
NETWORK 

(presented by the Commission in accordance with Article 189a(2) of the EC Treaty 

INITIAL PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

I 

AMENDED PROPOSAL 

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,13 

Having regard to the opinion of the 
European Parliament,14 

Having regard to the opinion of the 
Economic and Social Committee,15 

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 ("the Agency");16 

13 

14 

15 

t4 

( 
) 
C  > 
i  > 
OJL  120,  i1.5.1990, p.I. 

15 

INITIAL  PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

AMENDED  PROPOSAL 

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

Parliament 
of 

HAS ADOPTED THIS REGULATION: 

Article 1 

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

Whereas  it  is  a  prerequisite  for  the  power 
to  grant  discharge  to  be  assigned  to  the 
Parliament 
European 
the 
on 
the  Management 
of 
recommendation 
Board,  pursuant  to  Article  206  of  the  EC 
Treaty; 

Paragraph 

(a) 
following: 

2  is  replaced  by  the 

(a)  Paragraph  2 
following: 

is 

replaced  by 

the 

expenditure 

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

and  control  of 

between 

harmonisation 

"2.  To  ensure  a  maximum  of  transparency 
the 
and 
of 
decentralised 
all 
commitment 
expenditure 
the 
establishment  and  recovery  of  all  revenue 
of  the  Agency  shall  be  carried  out  by  the 
Commission's Financial  Controller 

agencies, 
and 
and 

control 
of 
of 

payment 
control 

ic 

INITIAL PROPOSAL 

I 

AMENDED PROPOSAL 

(COM(97) 489 final of 6.10.1997) 

Paragraph  4  is  replaced  by  the 

(b) 
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 
j Communities. 

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

Done at Brussels, 

For the Council 
The President 

a 

97/ 0258 (CNS) 

AMENDED PROPOSAL FOR COUNCIL REGULATION  (EC) No ( 

) 

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

(presented  by the Commission  in accordance with Article  189a(2) of the EC Treaty 

INITIAL  PROPOSAL 
(COM(97) 489 final  of 6.10.1997) 

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 

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");,9 

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

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

AMENDED PROPOSAL 

Whereas it is a prerequisite for the power 
to grant discharge to be assigned to the 
European  Parliament on the 
recommendation  of the Management 
Board, pursuant to Article 206 of the EC 
Treaty; 

17 

18 

19 

) 
) 

( 
( 
OJL216, 20.8.1994, p. 1. 

18 

INITIAL PROPOSAL 

I 

AMENDED PROPOSAL 

(COM(97) 489 final of 6.10.1997) 

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 
the  Administrative 
recommendation  of 
Board,  give  discharge  to  the  Director  in 
respect  of 
the 
budget." 

implementation  of 

the 

Article 2 

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

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

Done at Brussels, 

For the Council 
The President 

19 

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

(presented by the Commission in accordance with Article  189a (2) of the EC Treaty) 

97/ 0259 (CNS) 

INITIAL  PROPOSAL 
(COM(97) 489 final of  6.10.1997) 

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 8 February  1993, the Council 
adopted Regulation (EEC) No 302/93 
establishing a European Monitoring Centre 
for Drugs and Drug Addiction  ("the 
Centre");22 

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

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

AMENDED PROPOSAL 

Whereas it is a prerequisite  for the power 
to grant discharge to be assigned to the 
European  Parliament on the 
recommendation  of the Management 
Board, pursuant to Article 206 of the EC 
Treaty; 

20 

21 

22 

) 
) 

( 
( 
OJ  L  36,  12.2.1993,  p.1; 
22 December  1994 (OJ L 341, 30.12.1994, p.7). 

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

20 

AMENDED PROPOSAL 

INITIAL  PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

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 
the  Management 
of 
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 
the  European 
Journal  of 
Communities. 

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

Done at Brussels, 

For the Council 
The President 

£J 

AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( 

) of 

( 

) AMENDING COUNCIL REGULATION (EEC) No  1360/90 OF 7 MAY 

1990 ESTABLISHING A EUROPEAN TRAINING FOUNDATION 

(presented by the Commission in accordance with Article 189a(2) of the EC Treaty 

97/ 0260 (CNS) 

INITIAL PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

AMENDED PROPOSAL 

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 7 May  1990, the Council 
adopted Regulation (EEC) No 1360/90 
establishing a European Training 
Foundation ("the Foundation");25 

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

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

Whereas it is a prerequisite for the power 
to grant discharge to be assigned to the 
European Parliament on the 
recommendation of the Management 
Board, pursuant to Article 206 of the EC 
Treaty: 

( 
( 

23 
24 
25  OJ  L  131, 23.5.1990,  p.l;  as  last  amended  by  Council  Regulation  (EC)  No 2063/94  (OJ  L  216, 

) 
) 

30.8.1994, p.9). 

22 

INITIAL  PROPOSAL 
(COM(97) 489 final  of 6.10.1997) 

I 

AMENDED  PROPOSAL 

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 
the 
implementation of the budget." 

respect 

of 

in 

Article 2 

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

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

Done at Brussels, 

For the Council 
The President 

J3 

AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( 
of ( 

) 
....) 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 in accordance with Article 189a(2) of the EC Treaty 

97/0261  (CNS) 

INITIAL PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

AMENDED PROPOSAL 

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,26 

Having regard to the opinion of the 
European Parliament,27 

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");28 

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

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

Whereas it is a prerequisite for the power 
to grant discharge to be assigned to the 
European Parliament on the 
recommendation of the Management 
Board, pursuant to Article 206 of the EC 
Treaty; 

26 

27 

2X 

) 
) 

( 
( 
OJ  L  314,  7.12.1994,  p.l; 
30 October  1995 (OJ  L 268,  10.11.1995, p. I ). 

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

24 

INITIAL PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

I 

AMENDED PROPOSAL 

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 
the  Management 
recommendation  of 
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 
the  European 
Journal  of 
Communities. 

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

Done at Brussels, 

For the Council 
The President 

j>r 

AMENDED PROPOSAL FOR COUNCIL REGULATION  (EC) No ( 

) 

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

(presented by the Commission in accordance with Article  189a(2) of the EC Treaty 

97/ 0262 (CNS) 

INITIAL  PROPOSAL 
(COM(97) 489 final of 6.10.1997) 

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,29 

Having regard to the opinion of the 
European  Parliament,30 

Whereas, on 2 June  1997, the Council 
adopted  Regulation  (EC) Nol035/97 
establishing a European  Monitoring Centre 
on Racism and Xenophobia  ("the 
Centre");3' 

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

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

AMENDED  PROPOSAL 

Whereas it is a prerequisite for the power 
to grant discharge to be assigned to the 
European Parliament on the 
recommendation of the Management 
Board, pursuant to Article 206 of the EC 
Treaty; 

29 

30 

31 

) 
) 

( 
( 
OJL  151, 10.6.1997, p. 1. 

26 

INITIAL PROPOSAL 

AMENDED  PROPOSAL 

(COM(97) 489 final of 6.10.1997) 

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 
the  Management 
of 
recommendation 
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 
the  European 
Journal  of 
Communities. 

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

Done at Brussels, 

For the Council 
The President 

JQ 

ISSN 0254-1475 

COM(98) 289 final 

DOCUMENTS 

EN 

01  09  10 

Catalogue number  :  CB-CO-98-296-EN-C 

ISBN 92-78-35902-5 

Office  for Official  Publications of the European  Communities 

L-2985 Luxembourg 

de