European Parliament legislative resolution on the draft Commission regulation (EURATOM, ECSC, EC) amending Commission Regulation No 3418/93 of 9 December 1993 laying down detailed rules for the implementation of certain provisions of the Financial Regulation of 21 December 1977 (SEC(2000) 1890 — C5-0699/2000 — 2000/0901(CNS))
Date: 2001-05-15
Institutions: Committee on Budgetary Control, European Parliament
Subjects: commitment of expenditure, financial control, financial regulation, general budget (EU), management audit

C 34 E/88

Official Journal of the European Communities

EN

7.2.2002

Tuesday 15 May 2001

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 9
ARTICLE 1, POINT 36
Article 107, paragraph 3 (Regulation 3418/93)

3.
Requests for opinions and information sheets shall be
examined by a permanent department under the authority of
the chair of the ACPC. This department shall decide,
in the
light of volume, risks involved and unusual nature, which
items should be examined in detail by the ACPC.

3.
Information sheets and requests for opinions by auth-
orising officers pursuant to Article 111(g) shall be examined
by a permanent department which shall be independent in
carrying out its duties and shall be subject only to the
authority of the chair of the ACPC. This department shall
make a recommendation to the ACPC, in the light of vol-
ume, risks involved and unusual nature, as to which items
should be examined in detail by the ACPC.

Amendment 12
Article 1, point 39a (new)
Article 113a (new) (Reg. 3418/93)

39a. The following Article 113a is inserted:

Article 113a

The institution shall appoint as chair of the ACPC, for
a single four-year term, an independent external per-
son with proven experience in the field of public pro-
curement.

Amendment 10
ARTICLE 1a (new)

Article 1a

Six months after the entry into force of this Regulation,
the Commission and the Court of Auditors shall evaluate
and report on the new arrangements for the referral of
contracts to the ACPC. The evaluation shall consider in
particular whether the threshold referred to in Article 107
of Commission Regulation No 3418/93 as amended by this
Regulation is set at an appropriate level. The Commission
shall forward these reports to the European Parliament
and the Council and shall propose any changes to the
Financial Regulation or the implementing rules it con-
siders necessary. Until the evaluation has been completed,
the threshold shall be taken to be € 200 000.

European Parliament legislative resolution on the draft Commission regulation (Euratom, ECSC,
EC) amending Commission Regulation No 3418/93 of 9 December 1993 laying down detailed
rules for the implementation of certain provisions of the Financial Regulation of 21 December
1977 (SEC(2000) 1890 (cid:129) C5-0699/2000 (cid:129) 2000/0901(CNS))

(Consultation procedure)

The European Parliament,

(cid:129) having regard to the Commission proposal (SEC(2000) 1890),

(cid:129) having been consulted by the Commission pursuant to Article 139 of the Financial Regulation of

21 December 1977 (C5-0699/2000),

(cid:129) having regard to the report of the Committee on Budgetary Control (A5-0154/2001),

7.2.2002

EN

Official Journal of the European Communities

C 34 E/89

Tuesday 15 May 2001

1.

2.

Approves the Commission proposal as amended;

Calls on the Commission to alter its draft regulation accordingly;

Asks to be consulted again if the Commission should intend to depart from the text approved by

3.
Parliament;

4.

Instructs its President to forward its position to the Council and Commission.

8. The petition at the dawn of the 21st century (procedure without debate)

A5-0088/2001

European Parliament resolution on the institution of the petition at the dawn of the 21st century
(2000/2026(INI))

The European Parliament,

(cid:129) having regard to Articles 21 and 194 of the EC Treaty establishing the right of petition,

(cid:129) having regard to its decision of 9 March 1994 on the regulations and general conditions governing

the performance of the Ombudsman(cid:146)s activities (1),

(cid:129) having regard to the 1989 Interinstitutional Agreement on the right of petition (2),

(cid:129) having regard to Article 10 of the EC Treaty on cooperation between the Community institutions and

the Member States,

(cid:129) having regard to the judgment of the European Court of Justice of 30 March 1995 on interinstitu-

tional cooperation between the European Parliament and the Council (Case C-65/93) (3),

(cid:129) having regard to the Opinion of its Legal Service of 23 November 2000 on proposals by the Com-

mittee on Petitions aimed at improving its working methods (4),

(cid:129) having regard to Annex VI to its Rules of Procedure establishing the powers and responsibilities of

standing committees,

(cid:129) having regard to the Charter of Fundamental Rights of the European Union adopted on 7 December

2000 (5),

(cid:129) having regard to Rule 163 of its Rules of Procedure,

(cid:129) having regard to the report of the Committee on Petitions (A5-0088/2001),

A. whereas the Treaty on European Union grants all European citizens, either individually or collectively,
and any natural or legal person residing or having its registered office in a Member State, the right to
address a petition to the European Parliament on a matter which comes within the Community(cid:146)s field
of activity and which affects them directly,

B. whereas every European citizen also has the right to bring a complaint before the European Ombuds-

man against any case of maladministration,

C. whereas this right must be made easier and quicker to exercise and more effective and direct in its
outcome, in accordance with the values of pluralist, participative, citizen-centred democracy which
must inform its actions and those of its Member States and the other institutions and bodies of the
Union,

(1) OJ L 113, 4.5.1994, p. 15.
(2) OJ C 120, 16.5.1989.
(3)
[1995] ECR, p. I-643.
(4) SJ-197/2000, 23.11.2000.
(5) OJ C 364, 18.12.2000, p. 1.