Proposal for a Council Regulation amending Regulation (EC) No 1035/97 as regards the budgetary and financial rules applicable to the European Monitoring Centre on Racism and Xenophobia and access to the Centre's documents
Date: 2002-07-17
Institutions: European Commission
Subjects: European Union Agency for Fundamental Rights, 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/73

Proposal for a Council Regulation amending Regulation (EC) No 1035/97 as regards the budgetary
and financial rules applicable to the European Monitoring Centre on Racism and Xenophobia and
access to the Centre's documents

(2002/C 331 E/15)

COM(2002) 406 final — 2002/0176(CNS)

(Submitted by the Commission on 17 July 2002)

THE COUNCIL OF THE EUROPEAN UNION,

1. Article 2(2) point (g) is replaced by the following:

Having regard to the Treaty establishing the European
Community, and in particular Articles 284 and 308 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) The provisions of Council Regulation (EC) No 1035/97 of
2 June 1997 establishing a European Monitoring Centre on
Racism and Xenophobia (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 1035/97 to make Regulation (EC)
No 1049/2001 applicable to the European Monitoring
Centre on Racism and Xenophobia.

(5) A clause should also be included to provide a right of
appeal against a refusal of access under Article 8 of Regu-
lation (EC) No 1049/2001.

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

for all

(7) Regulation (EC) No 1035/97 should therefore be amended

accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1035/97 is amended as follows:

(1) OJ L 151, 10.6.1997, p. 1.
(2) OJ L 145, 31.5.2001, p. 43.

‘(g) publish an annual report on the situation regarding
racism and xenophobia in the Community, also high-
lighting examples of good practice, and an annual
report on the Centre's own activities;’

2. The following Article 5a is inserted:

‘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.’

3. Article 8 is amended as follows:

(a) paragraph 3(b) is replaced by the following:

‘(b) adopt the two annual reports referred to in Article
2(2)(g) and its conclusions and opinions and
the
them to the European Parliament,
transmit
and
Council,
the Economic
the Commission,
the
Social Committee and the Committee of
Regions;
it shall ensure publication of the annual
reports referred to in Article 2(2)(g); the annual
report on the Centre's activities shall be transmitted
by 15 June at the latest to the European Parliament,
the Council,
the Court of
the Commission,
Auditors, the Economic and Social Committee and
the Committee of the Regions.’

4. Article 10(1) is replaced by the following:

‘1.
The Centre 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 extended for one
further period not exceeding five years.’

5. Article 12 is replaced by the following:

‘Article 12

Budget

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/74

EN

Official Journal of the European Communities

31.12.2002

The revenue and expenditure shown in the budget

2.
shall be in balance.

The revenue of the Centre shall, without prejudice to

3.
other resources, comprise:

(a) a subsidy from the Community, entered under a specific
the European

heading in the general budget of
Communities (Commission section);

(b) payments received for services rendered;

(c) any financial

contributions

from the organisations

referred to in Article 7;

(d) any voluntary contribution from the Member States.

the Centre shall

The expenditure of

4.
include staff
remuneration, administrative and infrastructure costs, and
operating expenses, and expenses resulting from contracts
entered into with the institutions and bodies belonging to
the Raxen network or with third parties.

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 Administrative Board to the Commission by 31 March
at the latest.

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

referred to as

the

The budgetary authority shall determine the appro-

6.
priations available for the subsidy to the Centre.

The budgetary authority shall adopt the establishment plan
for the Centre.

The Management Board shall adopt

7.
the Centre's
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

8.
Centre.

shall

implement

the budget of

the

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

the Centre

9.
same powers over
departments.

10.
By 1 March at the latest following each financial
the Centre's accounting officer shall communicate
year,
the provisional accounts to the Commission's accounting
together with a report on the budgetary and
officer
year. The
financial management
that
the
Commission's accounting officer

financial
shall

consolidate

for

provisional accounts of the institutions and decentralised
bodies within the meaning of Article 128 of Council Regu-
lation (EC, Euratom) No . . .
“the general
Financial Regulation”).

(hereinafter

By 31 March at the latest following each financial
11.
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
financial year. The report on the
management
budgetary and financial management
financial
for
year shall also be transmitted to the European Parliament
and the Council.

for that

that

On receipt of the Court of Auditors' observations on
12.
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

13.
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

14.
each financial year,
European Parliament,
the Court of Auditors,
Board's opinion.

transmit
the Council,

15.

The final accounts shall be published.

The Centre's Director

16.
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

17.
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.

18.
The financial rules applicable to the Agency shall be
adopted by the Management Board after the Commission
has been consulted.

They may not depart from the framework Financial Regu-
lation 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.’

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.