Proposal for a Council Regulation amending Regulation (EC) No 1365/75 as regards the budgetary and financial rules applicable to the European Foundation for the Improvement of Living and Working Conditions and access to the Foundation's documents and repealing Regulation (EEC) No 1417/76
Date: 2002-07-17
Institutions: European Commission
Subjects: Eurofound, 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/65

Proposal for a Council Regulation amending Regulation (EEC) No 1365/75 as regards the budgetary
and financial rules applicable to the European Foundation for the Improvement of Living and
Working Conditions and access to the Foundation's documents and repealing Regulation (EEC)
No 1417/76

(2002/C 331 E/11)

COM(2002) 406 final — 2002/0172(CNS)

(Submitted by the Commission on 17 July 2002)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 279 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 (EEC) No 1365/75 of
7 May 1990 on the creation of a European Foundation for
the Improvement of Living and Working Conditions 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. Pursuant to that Article, the
European Foundation for the Improvement of Living and
Working Conditions must adopt a Financial Regulation in
conformity with the
framework Financial Regulation
adopted by the Commission. Consequently, Council Regu-
lation (EEC) No 1416/76 must be repealed with effect from
the entry into force of the Financial Regulation adopted by
the Administrative Board of the Foundation.

(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 (1).

(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 1365/75 to make Regulation (EC)
No 1049/2001 applicable to the European Foundation
for the Improvement of Living and Working Conditions,
as should a clause guaranteeing a right of appeal against a
refusal of access to documents.

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

(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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1365/75 is amended as follows:

1. Article 8(3) is replaced by the following:

‘3.
The director and deputy director shall be appointed
for a maximum period of five years. The term of office of
the director may be extended for one further period not
exceeding five years. The term of office of
the deputy
director may be
further periods not
exceeding five years each.’

extended for

2. Articles 13, 14, 15 and 16 are replaced by the following:

‘Article 13

The Administrative Board shall adopt the annual report on
the Foundation's activities and prospects, and transmit it by
the
the latest
15 June at
Council,
and Social
the Commission,
Committee and the Court of Auditors.

to the European Parliament,

the Economic

Article 14

Estimates of all the revenue and expenditure of the
1.
Foundation shall be prepared for each financial year, corre-
sponding to the calendar year, and shall be shown in the
budget of the Foundation, which shall
include an estab-
lishment plan.

The revenue and expenditure shown in the budget of

2.
the Foundation shall be in balance.

Article 15

1.
Each year the Administrative Board, on the basis of a
draft drawn up by the Director, shall produce a statement of
estimates of revenue and expenditure for the Foundation 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.

C 331 E/66

EN

Official Journal of the European Communities

31.12.2002

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

sibility and transmit them to the Administrative Board for
an opinion.

The Administrative Board of

7.
deliver an opinion on the Foundation's final accounts.

the Foundation shall

The budgetary authority shall determine the appro-

2.
priations available for the subsidy to the Foundation.

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

3.
The Administrative Board shall adopt the Foundation's
budget before the beginning of the budget year, adjusting it
to the subsidy granted by the budgetary authority. The
budget as
thus adopted shall be transmitted by the
Commission to the budgetary authority.

Article 16

the Administrative Board after

The financial rules applicable to the Foundation shall
1.
be
the
adopted by
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
European
the
Communities unless specifically required for
the Foun-
dation's operation and with the Commission's prior consent.

general budget of

to the

The Director shall implement the budget of the Foun-

2.
dation.

3.
The Commission's internal auditor shall exercise the
same powers over the Foundation as over Commission
departments.

4.
By 1 March at the latest following each financial year,
the Foundation's accounting officer shall communicate the
provisional accounts to the Commission's accounting officer
together with a report on the budgetary and financial
financial year. The Commission's
management
accounting
provisional
and decentralised bodies
accounts of
within the meaning of Article 128 of
the general
Financial Regulation.

shall
institutions

for
officer
the

consolidate

that

the

By 31 March at the latest following each financial
5.
year,
transmit
the Commission's accounting officer shall
the Foundation's provisional accounts to the Court of
together with a report on the budgetary and
Auditors,
financial management for that financial year. The report
on the budgetary and financial management
the
financial year shall also be transmitted to the European
Parliament and the Council.

for

6.
On receipt of the Court of Auditors' observations on
the Foundation's provisional accounts, pursuant to Article
129 of the general Financial Regulation, the Director shall
draw up the Agency's final accounts under his own respon-

The Director of the Foundation shall, by 1 July at the
8.
these final
following each financial year,
latest
accounts to the European Parliament,
the
Commission and the Court of Auditors, together with the
Administrative Board's opinion.

the Council,

transmit

9.

The final accounts shall be published.

10.
The Foundation's Director shall send the Court of
Auditors a reply to its observations by 30 September at
the latest. He shall also send this reply to the Administrative
Board.

11.
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 of the Foundation in respect of the implementation
of the budget for year N.’

3. The following Article 18a is inserted:

‘Article 18a

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

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

Decisions taken by the Foundation under Article 8 of Regu-
lation (EC) No 1049/2001 may be appealed by means of a
complaint to the Ombudsman or an action before the Court
of Justice of the European Communities, under Articles 195
and 230 of the EC Treaty respectively.
___________
(*) OJ L 145, 31.5.2001, p. 43.’

Article 2

Regulation (EEC) No 1417/76 is repealed with effect
from
entry into force of the financial regulation adopted by the
Administrative Board pursuant to Article 16(1) of Regulation
(EEC) No 1365/75, as amended by this Regulation.

Article 3

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.