Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 178/2002 as regards the budgetary and financial rules applicable to the European Food Safety Agency and access to the Agency's documents
Date: 2002-07-17
Institutions: European Commission
Subjects: EU office or agency, access to information, administrative transparency, appointment of staff, approximation of laws, financial regulation, food inspection, general budget (EU)

31.12.2002

EN

Official Journal of the European Communities

C 331 E/79

Proposal for a Regulation of the European Parliament and of the Council amending Regulation
(EC) No 178/2002 as regards the budgetary and financial rules applicable to the European Food
Safety Agency and access to the Agency's documents

(2002/C 331 E/18)

COM(2002) 406 final — 2002/0179(COD)

(Submitted by the Commission on 17 July 2002)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 37, 95, 133 and
Article 152(4)(b) thereof,

(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 Executive Director and to harmonise the rules for all
the Community bodies
is
possible.

for which re-appointment

Having regard to the proposal from the Commission,

accordingly,

(6) Regulation (EC) No 178/2002 should therefore be amended

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

HAVE ADOPTED THIS REGULATION:

Having regard to the opinion of the Committee of the Regions,

Article 1

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

Regulation (EC) No 178/2002 is amended as follows:

1. Article 25(9) is replaced by the following:

Whereas:

of

the

Parliament

(1) The provisions of Regulation (EC) No 178/2002 of the
European
of
and
28 January 2002 laying down the general principles and
requirements of food law, establishing the European Food
Safety Authority and laying down procedures in matters of
food safety (1) should be harmonised with Council Regu-
lation (EC, Euratom) No . . . of . . . on the Financial Regu-
lation applicable to the general budget of the European
Communities, and in particular Article 185 thereof.

Council

(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 (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 178/2002 to make Regulation (EC)
No 1049/2001 applicable to the European Food Safety
Authority, as should a clause guaranteeing a right of
appeal against a refusal of access to documents.

The financial rules applicable to the Authority shall be
‘9.
adopted by the Management Board after the Commission
has been consulted. They may not depart
from the
framework Financial Regulation adopted by the Commission
under Article 185 of Council Regulation (EC, Euratom)
“the general Financial Regulation”)
No . . .
unless specifically required for the Authority's operation
and with the Commission's prior consent.’

(hereinafter

2. The first sentence of Article 26(1)

is replaced by the

following:

shall be

appointed by

the
‘The Executive Director
Management Board, on the basis of a list of candidates
proposed by the Commission after an open competition,
the
following publication in the Official
European Communities
for
interest. This appointment shall be for a
expressions of
period of
from the
five years, which, on a proposal
Commission, may be renewed for one further period not
exceeding five years.’

Journal of
call
a

and elsewhere of

Article 26 is amended as follows:

(a) paragraph 2(f) is replaced by the following:

(1) OJ L 31, 1.2.2002, p. 1.
(2) OJ L 145, 31.5.2001, p. 43.

‘(f)

the preparation of
estimates of
execution of its budget;’

the Authority's statement of
revenue and expenditure, and the

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EN

Official Journal of the European Communities

31.12.2002

(b) Article 26(3) is replaced by the following:

Each year, the Executive Director shall submit to

‘3.
the Management Board for approval:

(a) a draft general report covering all the activities of

the Authority in the previous year;

(b) draft programmes of work.

The Executive Director shall, following adoption by the
Management Board, transmit the programmes to the
European Parliament,
the Commission
and the Member States, and shall have them published.

the Council,

the Authority's

The Executive Director shall, following adoption by the
Management Board and by no later than 15 June,
report
transmit
the
European Parliament,
the Commission,
the Economic and Social
the Court of Auditors,
Committee and the Committee of
the Regions, and
shall have it published.’

general
the Council,

to

(c) Paragraph 4 is deleted.

3. Article 41 is replaced by the following:

‘Article 41

Access to documents

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

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

Decisions taken by the Authority 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.’

4. Article 43(5) is replaced by the following:

for

the Authority for

By 31 March at the latest each year the Management
‘5.
Board, on the basis of a draft drawn up by the Executive
Director, shall produce a statement of estimates of revenue
and expenditure
the following
financial year. This statement of estimates, which shall
include a draft establishment plan together with the
provisional work programme, shall be transmitted by the
Management Board to the Commission and to the countries
with which the Community has concluded agreements in
accordance with Article 49.

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
in
(hereinafter referred to as “the budgetary authority”)
accordance with Article 272 of the Treaty.

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

The budgetary authority shall adopt the establishment plan
for the Authority.’

5. Article 44 is replaced by the following:

‘Article 44

The

1.
Authority's budget.

Executive Director

shall

implement

the

The Commission's internal auditor shall exercise the
the Authority 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 Authority'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
bodies within the meaning of Article 128 of the general
Financial Regulation.

financial
shall

consolidate

for

By 31 March at the latest following each financial
4.
year,
transmit
the Commission's accounting officer shall
the Centre's provisional accounts to the Court of Auditors,
together with a report on the budgetary and financial
management
financial year. The report on the
budgetary and financial management for the financial year
shall also be transmitted to the European Parliament and the
Council.

for that

On receipt of the Court of Auditors' observations on
to Article
the Executive
final accounts
them to the

5.
the Authority's provisional accounts, pursuant
129 of
Director
under his own responsibility and transmit
Management Board for an opinion.

the general Financial Regulation,
shall draw up the Authority's

The Management Board of the Authority shall deliver

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

7.
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 Management
Board's opinion.

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Official Journal of the European Communities

C 331 E/81

8.

The final accounts shall be published.

9.
The Authority'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 Management Board.

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

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

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.