Proposal for a Council Regulation amending Regulation (EC) No 40/94 as regards the internal audit and control systems applicable to the Office for Harmonisation in the Internal Market and access to the Office's documents
Date: 2002-07-17
Institutions: European Commission
Subjects: European Union Intellectual Property Office, 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/75

Proposal for a Council Regulation amending Regulation (EC) No 40/94 as regards the internal audit
and control systems applicable to the Office for Harmonisation in the Internal Market and access
to the Office's documents

(2002/C 331 E/16)

COM(2002) 406 final — 2002/0177(CNS)

(Submitted by the Commission on 17 July 2002)

THE COUNCIL OF THE EUROPEAN UNION,

in the Internal Market, as should a clause guaranteeing a
right of appeal against a refusal of access to documents.

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

Having regard to the proposal from the Commission,

(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 President and to harmonise the rules for all
the
Community bodies for which re-appointment is possible.

Having regard to the opinion of the European Parliament,

(7) Regulation (EC) No 40/94 should therefore be amended

accordingly,

Whereas:

to the

(1) The provisions of Council Regulation (EC) No 40/94 of 20
December 1993 on the Community trade mark (1), which
established the Office for Harmonisation in the Internal
Market, should be harmonised with Council Regulation
(EC, Euratom) No . . . of . . . on the Financial Regulation
applicable
the European
Communities, and in particular Article 185 thereof. With
the entry into force of Council Regulation (EC, Euratom)
No . . . of . . . on the financial regulation applicable to the
general budget of the European Communities, the concept
of ex ante financial control in the European institutions and
bodies to which Article 185 of the Financial Regulation
applies will be replaced by more modern control and
audit systems.

general budget of

(2) The Office for Harmonisation in the Internal Market should
have control and audit systems comparable with those of
the above-mentioned European institutions and bodies.

(3) 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 (2).

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 40/94 is amended as follows:

1. The following Article 118a is inserted:

‘Access to documents

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

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

Decisions taken by the Office under Article 8 of Regulation
(EC) No 1049/2001 may be appealed by means of a
to the Ombudsman or an action before the
complaint
the European Communities, under
Justice of
Court of
Articles 195 and 230 of the EC Treaty respectively.’

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

(4) 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.

‘2.
The President's term of office shall not exceed five
years. The term of office may be extended, on a proposal
from the Commission after the Administrative Board has
been consulted, for one further period not exceeding five
years.’

(5) Appropriate provisions should therefore be included in
Regulation (EC) No 40/94 to make Regulation (EC)
No 1049/2001 applicable to the Office for Harmonisation

(1) OJ L 11, 14.1.1994, p. 1. Regulation amended by Regulation (EC)

No 3288/94 (OJ L 349, 31.12.1994, p. 83).

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

In Article 120(3) the following sentence is added:

‘Their term of office may be extended, on a proposal from
the Commission after the Administrative Board has been
consulted, for additional periods not exceeding five years
each.’

C 331 E/76

EN

Official Journal of the European Communities

31.12.2002

3. Article 136 is replaced by the following:

‘Article 136

Financial control

1.
An internal audit function shall be set up within the
Office, to be performed in compliance with the relevant
international standards. The internal auditor, appointed by
the President, shall be responsible to him for verifying the
proper operation of budget implementation systems and
procedures.

2.
The internal auditor shall advise the President on
dealing with risks, by issuing independent opinions on the
quality of management and control systems and by issuing

recommendations
implementation of operations
financial management.

for

improving

the

conditions

and promoting

of
sound

The responsibility for putting in place internal control
3.
systems and procedures suitable for carrying out his tasks
shall lie with the authorising officer.’

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.