Proposal for a Council Regulation amending Regulation (EC) No 2062/94 as regards the budgetary and financial rules applicable to the European Agency for Safety and Health at Work and access to the Agency's documents
Date: 2002-07-17
Institutions: European Commission
Subjects: European Agency for Safety and Health at Work, 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/77

Proposal for a Council Regulation amending Regulation (EC) No 2062/94 as regards the budgetary
and financial rules applicable to the European Agency for Safety and Health at Work and access to
the Agency's documents

(2002/C 331 E/17)

COM(2002) 406 final — 2002/0178(CNS)

(Submitted by the Commission on 17 July 2002)

THE COUNCIL OF THE EUROPEAN UNION,

(6) Regulation (EC) No 2064/94 should therefore be amended

accordingly,

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

HAS ADOPTED THIS REGULATION:

Having regard to the proposal from the Commission,

Regulation (EEC) No 2062/94 is amended as follows:

Article 1

Having regard to the opinion of the European Parliament,

1. Article 6 is replaced by the following:

Whereas:

(1) The provisions of Council Regulation (EC) No 2062/94 of
18 July 1994 establishing a European Agency for Safety
and Health at Work (1) should be harmonised with Council
Regulation (EC, Euratom) No . . . of . . . on the Financial
Regulation applicable
the
European Communities, and in particular Article 185
thereof.

to the general budget of

(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
the Council of
of
the European Parliament and 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 (EC) No 2062/94 to make Regulation (EC)
No 1049/2001 applicable to the European Agency for
Safety and Health at Work, as should a clause guaranteeing
a right of appeal against a refusal of access to documents.

‘Article 6

Access to documents

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

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 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
the European Communities, under
Articles 195 and 230 of the EC Treaty respectively.

Justice of

___________
(*) OJ L 145, 31.5.2001, p. 43.’

2. Article 10(2) is replaced by the following:

to the European Parliament,

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

the Council,
the Economic and Social Committee,

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

(1) OJ L 216, 20.8.1994, p. 1. Regulation as amended by Regulation

(EC) No 1643/95 (OJ L 156, 7.6.1995, p. 1).

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

3. Article 11(1) is replaced by the following:

The Agency shall be under the authority of a Director
‘1.
appointed by the Administrative Board, on a proposal from
the Commission, for a period of five years, which, on a
proposal
from the Commission after the Administrative
Board has been consulted, may be extended for one
further period not exceeding five years.’

C 331 E/78

EN

Official Journal of the European Communities

31.12.2002

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

‘Article 13

Estimates — Adoption of the budget

shall produce

1.
Each year, by 15 February at the latest, the Adminis-
trative Board, on the basis of a draft drawn up by the
Director,
estimates of
revenue and expenditure for the Agency 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.

statement of

a

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

referred to as

the

The budgetary authority shall determine the appro-

2.
priations available for the subsidy to the Agency.

The budgetary authority shall adopt the establishment

3.
plan for the Agency.

4.
The Administrative Board shall adopt the Agency's
definitive budget before the beginning of the budget year,
adjusting it as necessary to the Community subsidy and the
Agency's other resources.

Article 14

Implementation of the budget

accounts

to the Court of
the Agency's provisional
Auditors,
together with a report on the budgetary and
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

5.
On receipt of the Court of Auditors' observations on
the Agency'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 responsibility
and transmit
them to the Administrative Board for an
opinion.

The Administrative Board of the Agency shall deliver

6.
an opinion on the Agency's final accounts.

The Director shall, by 1 July at the latest following
the final accounts to the
the Commission and
together with the Administrative

7.
each financial year,
European Parliament,
the Court of Auditors,
Board's opinion.

transmit
the Council,

8.

The final accounts shall be published.

The Agency's Director

9.
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.

shall

10.
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.

The Director

1.
Agency.

shall

implement

the budget of

the

Article 15

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

2.
same powers over
departments.

accounts

to the Commission's

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
that
financial management
Commission's accounting officer
the
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”).

financial
shall

(hereinafter

consolidate

for

Financial regulation

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.’

Article 2

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities.

4.
year,

By 31 March at the latest following each financial
transmit
the Commission's accounting officer shall

This Regulation shall be binding in its entirety and directly
applicable in all Member States.