Proposal for a Council Regulation amending Regulation (EC) No 302/93 as regards the budgetary and financial rules applicable to the European Monitoring Centre for Drugs and Drug Addiction and access to the Centre's documents
Date: 2002-07-17
Institutions: European Commission
Subjects: European Monitoring Centre for Drugs and Drug Addiction, access to information, administrative transparency, appointment of staff, approximation of laws, financial regulation, general budget (EU)

31.12.2002

EN

Official Journal of the European Communities

C 331 E/71

Proposal for a Council Regulation amending Regulation (EEC) No 302/93 as regards the budgetary
and financial rules applicable to the European Monitoring Centre for Drugs and Drug Addiction
and access to the Centre's documents

(2002/C 331 E/14)

COM(2002) 406 final — 2002/0175(CNS)

(Submitted by the Commission on 17 July 2002)

THE COUNCIL OF THE EUROPEAN UNION,

1. The following Article 6a is inserted:

Having regard to the Treaty establishing the European
Community, and in particular Article 308 thereof,

‘Article 6a

Having regard to the proposal from the Commission,

Access to documents

Having regard to the opinion of the European Parliament,

Whereas:

(1) The provisions of Council Regulation (EEC) No 302/93 of
8 February 1993 on the establishment of a European Moni-
toring Centre for Drugs and Drug Addiction (1) should be
harmonised with Council Regulation (EC, Euratom) No . . .
of . . . on the Financial Regulation applicable to the general
budget of the European Communities, and in particular
Article 185 thereof.

(2) The general principles and limits governing right of access
to documents provided for in Article 255 of the Treaty
have been laid down by Regulation (EC) No 1049/2001
of the European Parliament and of the Council of 30 May
2001 regarding public access to European Parliament,
Council and Commission documents (2).

(3) When Regulation (EC) No 1049/2001 was adopted, the
three institutions agreed in a joint declaration that
the
agencies and similar bodies should implement rules in
line with that Regulation.

(4) Appropriate provisions should therefore be included in
Regulation (EEC) No 302/93 to make Regulation (EC)
No 1049/2001 applicable to the European Monitoring
Centre for Drugs and Drug Addiction.

(5) It would be useful to clarify the rules for the conditions and
procedures applying to the renewal of the term of office of
the Director and to harmonise the rules
the
Community bodies for which re-appointment is possible.

for all

(6) Regulation (EEC) No 302/93 should therefore be amended

accordingly,

Regulation (EC) No 1049/2001 of the European Parliament
and of the Council (*) shall apply to documents held by the
Centre.

The Management Board shall adopt the arrangements for
implementing Regulation (EC) No 1049/2001 within six
months of entry into force of this Regulation.

___________
(*) OJ L 145, 31.5.2001, p. 43.’

2. Article 8(5) is replaced by the following:

‘The Management Board shall adopt the annual report on
the Centre's activities and transmit it by 15 June at the latest
to the European Parliament, the Council, the Commission,
the Court of Auditors and the Member States.’

3. Article 9(1) is replaced by the following:

‘The Agency 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, which, on a
proposal from the Commission, may be renewed for one
further period not exceeding five years.’

In Article 9(1),
following:

the fourth indent

is

replaced by the

‘— the preparation of the draft statement of estimates of
revenue and expenditure and on the

the Centre's
implementation of the budget,’

4. Article 11 is replaced by the following:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 302/93 is amended as follows:

‘Article 11

Budget

(1) OJ L 36, 12.2.1993, p. 1. Regulation last amended by Regulation

(EC) No 2220/2000 (OJ L 253, 7.10.2000, p. 1).

(2) OJ L 145, 31.5.2001, p. 43.

1.
Estimates of all the revenue and expenditure of the
Centre shall be prepared for each financial year, corre-
sponding to the calendar year, and shall be shown in the
budget of the Centre.

C 331 E/72

EN

Official Journal of the European Communities

31.12.2002

The revenue and expenditure shown in the budget

2.
shall be in balance.

3.
The Centre's revenue shall, without prejudice to other
resources, consist of a subsidy from the Community entered
under a specific heading of
the
European Communities (Commission Section), payments
for services rendered and any financial contributions from
the organisations and bodies and non-Community countries
mentioned in Articles 12 and 13 respectively.

the general budget of

4.

The Centre's expenditure shall include:

(a) staff

remuneration, administrative and infrastructure

expenses, and operating costs

(b) expenditure in support of

information
networks which form part of the Reitox network and
expenditure relating to contracts with the specialised
centres.

the national

at

the

latest,

Each year, by 15 February

5.
the
Management Board, on the basis of a draft drawn up by
the Director, shall produce a statement of estimates of
revenue and expenditure for the Centre for the following
financial year. This statement of estimates, which shall
include a draft establishment plan, shall be transmitted by
the Management Board to the Commission by 31 March at
the latest, together with the Centre's work programme.

The statement of estimates shall be transmitted by the
Commission to the European Parliament and the Council
(hereinafter
“budgetary authority”)
together with the preliminary draft general budget of the
European Communities.

referred to as

the

bodies within the meaning of Article 128 of Council Regu-
lation (EC, Euratom) No . . . (*)
(hereinafter “the general
Financial Regulation”).

By 31 March at the latest following each financial
12.
year, the Commission's accounting officer shall transmit the
Centre's provisional accounts to the Court of Auditors,
together with a report on the budgetary and financial
management
financial year. The report on the
budgetary and financial management for the financial year
shall also be transmitted to the European Parliament and the
Council.

for that

13.
On receipt of the Court of Auditors' observations on
the Centre's provisional accounts, pursuant to Article 129 of
the general Financial Regulation, the Director shall draw up
the Centre's final accounts under his own responsibility and
transmit them to the Management Board for an opinion.

The Management Board of the Centre shall deliver an

14.
opinion on the Centre's final accounts.

The Director shall, by 1 July at the latest following
the final accounts to the
the Commission and
together with the Management

15.
each financial year,
European Parliament,
the Court of Auditors,
Board's opinion.

transmit
the Council,

16.

The final accounts shall be published.

The Centre's Director

17.
send the Court of
Auditors a reply to its observations by 30 September at
the latest. He shall also send this reply to the Management
Board.

shall

The budgetary authority shall determine the appro-

6.
priations available for the subsidy to the Centre.

The budgetary authority shall adopt the establishment

7.
plan for the Centre.

18.
The European Parliament, on a recommendation
from the Council acting by a qualified majority, shall,
before 30 April of year N+2, give a discharge to the
Director in respect of the implementation of the budget
for year N.

The Management Board shall adopt

the Centre's
8.
definitive budget before the beginning of the budget year,
adjusting it as necessary to the Community subsidy and the
Centre's other resources.

The Director

9.
Centre.

shall

implement

the budget of

the

The Commission's internal auditor shall exercise the
as over Commission

the Centre

10.
same powers over
departments.

By 1 March at the latest following each financial
11.
year,
the Centre's accounting officer shall communicate
the provisional accounts to the Commission's accounting
together with a report on the budgetary and
officer
year. The
financial management
that
Commission's accounting officer
the
provisional accounts of the institutions and decentralised

financial
shall

consolidate

for

The financial rules applicable to the Centre shall be
19.
adopted by the Management Board after the Commission
has been consulted. They may not depart
from the
framework Financial Regulation adopted by the Commission
under Article 185 of the Financial Regulation applicable to
the general budget of the European Communities unless
specifically required for the Centre's operation and with
the Commission's prior consent.
___________
(*) OJ L . . .’

Article 2

This Regulation shall enter into force on the 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.