Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No *...../2002 of the European Parliament and of the Council concerning common rules in the field of civil aviation and creating a European Aviation Safety Agency
Date: 2002-07-17
Institutions: European Commission
Subjects: EU office or agency, access to information, administrative transparency, air safety, appointment of staff, approximation of laws, financial regulation, general budget (EU)

31.12.2002

EN

Official Journal of the European Communities

C 331 E/85

Proposal for a Regulation of the European Parliament and of the Council amending Regulation
(EC) No . . ./2002 of the European Parliament and of the Council concerning common rules in the
field of civil aviation and creating a European Aviation Safety Agency

(2002/C 331 E/20)

COM(2002) 406 final — 2002/0181(COD)

(Submitted by the Commission on 17 July 2002)

THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,

HAVE ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community, and in particular Article 80(2) thereof,

Regulation (EC) No . . ./2002 is amended as follows:

Article 1

Having regard to the proposal from the Commission,

1. A new Article 23a is added:

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

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

Following consultation of the Committee of the Regions,

Acting in accordance with the procedure referred to in Article
251 of the Treaty,

Whereas:

(1) The provisions of Regulation (EC) No . . ./2002 should be
harmonised with Regulation . . . on the financial regulation
applicable
the European
Communities, and in particular Article 185 thereof.

general budget of

to the

(2) The general principles and limits governing right of access
to documents provided for in Article 255 of the EC 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 (EC) No . . ./2002 to make Regulation (EC)
No 1049/2001 applicable
to the European Aviation
Safety Agency, as should a clause guaranteeing a right of
appeal against a refusal of access to documents.

(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 (EC) No . . ./2002 should therefore be amended

accordingly,

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

The Administrative Board shall adopt the arrangements for
implementing Regulation (EC) No 1049/2001 by . . .

Decisions taken by the Agency 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, under Articles 195 and 230 of the EC
Treaty respectively.’

2. Paragraph 2(b) of Article 24 is replaced by the following:

‘The Administrative Board shall adopt the annual report on
the Agency's activities and transmit it by 15 June at the
latest
the
Commission, the Court of Auditors and the Member States.’

to the European Parliament,

the Council,

3. Article 30(4) is replaced by the following:

‘4.
The term of office of the Executive Director and of
the Directors shall not exceed five years. The Executive
from the
Director's term of office may, on a proposal
Commission, be extended for one further period not
exceeding five years. The terms of office of the Directors
may, on a proposal from the Commission, be extended for
further periods not exceeding five years each.’

(4),

(5),

(6) and (7) are replaced by the

4. Article 48(3),
following:

‘Article 48

3.

Revenue and expenditure shall be in balance.

4.
Each year the Administrative Board, on the basis of a
draft drawn up by the Executive Director, shall produce a
statement of estimates of revenue and expenditure for the
Agency for the following financial year.

C 331 E/86

EN

Official Journal of the European Communities

31.12.2002

include a draft
This statement of estimates, which shall
establishment plan together with the provisional work
programme, shall by 31 March at the latest be transmitted
by the Administrative Board to the Commission and to the
concluded
has
States with which
agreements within the meaning of Article 55.

the Community

On the basis of this statement of estimates, the Commission
shall enter the corresponding amounts in the preliminary
draft general budget of the European Communities, which it
shall submit to the European Parliament and the Council
(hereinafter referred to as “the budgetary authority”).

The budgetary authority shall determine the appropriations
available for the subsidy to the Agency.

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

On receipt of
the States
mentioned in the second subparagraph shall draw up their
own preliminary draft budget.

the statement of estimates,

After the general budget has been adopted by the budgetary
authority, the Administrative Board shall adopt the Agency's
final budget and work programme, adjusting them if
necessary to the Community subsidy.
transmit
them without delay to the Commission and the budgetary
authority.

It shall

Any change to the budget, including the establishment plan,
shall be subject to the procedure set out in this paragraph.’

5. Article 49(2), (3) and (4) are replaced by the following:

‘Article 49

bodies within the meaning of Article 128 of the general
Financial Regulation.

By 31 March at the latest following each financial
transmit
the Commission's accounting officer shall
to the Court of
together with a report on the budgetary and

4.
year,
the Agency's provisional
Auditors,
financial management for that financial year.

accounts

On receipt of the Court of Auditors' observations on
5.
the Agency's provisional accounts, pursuant to Article 129
of the general Financial Regulation, the Executive Director
shall draw up the Agency's final accounts under his own
responsibility and transmit
them to the Administrative
Board for an opinion.

6.
The Executive Director shall, by 1 July at the latest
following each financial year, transmit the final accounts to
the European Parliament, the Council, the Commission and
the Court of Auditors,
together with the Administrative
Board's opinion.

7.

The final accounts shall be published.

8.
The Agency's Executive 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.

9.
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 Executive
Director in respect of the implementation of the budget
for year N.’

6. Article 52 is replaced by the following:

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

2.
same powers over
departments.

‘Article 52

accounts

3.
By 1 March at the latest following each financial year,
the Agency's accounting officer shall communicate the
provisional
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

to the Commission's

financial
shall

consolidate

for

The financial
rules applicable to the Agency shall be
adopted by the Administrative Board after the Commission
from the
has been consulted. They may not depart
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 Agency's operation and with
the Commission's prior consent.’