Proposal for a Council Regulation amending Regulation (EC) No 2100/94 as regards the internal audit and control systems applicable to the Community Plant Variety Office and access to the Office's documents
Date: 2002-07-17
Institutions: European Commission
Subjects: Community Plant Variety 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/69

Proposal for a Council Regulation amending Regulation (EC) No 2100/94 as regards the internal
audit and control systems applicable to the Community Plant Variety Office and access to the
Office's documents

(2002/C 331 E/13)

COM(2002) 406 final — 2002/0174(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 Article 308 thereof,

(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.

(7) Regulation (EC) No 2100/94 should therefore be amended

Having regard to the proposal from the Commission,

accordingly.

Having regard to the opinion of the European Parliament,

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1) The provisions of Council Regulation (EC) No 2100/94 of
27 July 1994 on Community plant variety rights (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. 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,
ex ante
in the European institutions and bodies
financial control
to which Article 185 of the Financial Regulation applies
will be replaced by more modern control and audit
systems.

concept of

the

(2) The Community Plant Variety Office 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 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).

(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.

(5) Appropriate provisions should therefore be included in
Regulation (EC) No 2100/94 to make Regulation (EC)
No 1049/2001 applicable
to the Community Plant
Variety Office, as should a clause guaranteeing a right of
appeal against a refusal of access to documents.

(1) OJ L 227, 19.4.1994, p. 1. Regulation amended by Regulation (EC)

No 2506/95 (OJ L 258, 28.10.1995, p. 3).

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

Regulation (EC) No 2100/1994 is amended as follows:

1. The following Article 33a is inserted:

‘Article 33a

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 Council 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
Court of
the European Communities, under
Justice of
Articles 195 and 230 of the EC Treaty respectively.
___________
(*) OJ L 145, 31.5.2001, p. 43.’

2. Article 43(2) is replaced by the following:

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

In Article 43(3) the words ‘in paragraphs 1 and 2’ are
replaced by ‘in paragraph 1’ and the following sentence is
added:

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

C 331 E/70

EN

Official Journal of the European Communities

31.12.2002

3. Article 111(1) is replaced by the following:

‘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.

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 recom-
mendations for improving the conditions of implementation
of operations and promoting sound financial management.

The responsibility for putting in place internal control
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.