Proposal for a Council Regulation amending Regulation (EC) No 337/75 as regards the budgetary and financial rules applicable to the European Centre for the Development of Vocational Training and access to the Centre's documents and repealing Regulation (EEC) No 1416/76
Date: 2002-07-17
Institutions: European Commission
Subjects: Cedefop, access to information, administrative transparency, appointment of staff, approximation of laws, financial regulation, general budget (EU)

C 331 E/82

EN

Official Journal of the European Communities

31.12.2002

Proposal for a Council Regulation amending Regulation (EEC) No 337/75 as regards the budgetary
and financial rules applicable to the European Centre for the Development of Vocational Training
and access to the Centre's documents and repealing Regulation (EEC) No 1416/76

(2002/C 331 E/19)

COM(2002) 406 final — 2002/0180(CNS)

(Submitted by the Commission on 17 July 2002)

THE COUNCIL OF THE EUROPEAN UNION,

the Director and to harmonise the rules
the
Community bodies for which re-appointment is possible.

for all

Having regard to the Treaty establishing the European
Community, and in particular Articles 279 and 308 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

to the general budget of

(1) The provisions of Council Regulation (EEC) No 337/75
establishing a European Centre for the Development of
Vocational Training should be harmonised with Council
Regulation (EC, Euratom) No . . . of . . . on the Financial
Regulation applicable
the
European Communities, and in particular Article 185
thereof. Pursuant to that Article, the European Centre for
the Development of Vocational Training must adopt
framework
financial
Financial Regulation
the Commission.
adopted
Consequently, Council Regulation (EEC) No 1416/76
must be repealed with effect from the entry into force of
the financial rules adopted by the Management Board of
the Centre.

in conformity with the

rules

by

(6) Regulation (EEC) No 337/75 should therefore be amended

accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 337/75 is amended as follows:

1. Article 6(2) is replaced by the following:

The Director's term of office shall not exceed five
‘2.
years and may be renewed, on a proposal
from the
Management Board, for a single period not exceeding five
years.’

2. Article 10 is replaced by the following:

‘Article 10

(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 (1).

1.
Estimates of all the revenue and expenditure of the
Centre shall be prepared for each financial year, corre-
sponding to the calendar year, and shall be shown in the
budget of the Centre, which shall include an establishment
plan.

(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 (EEC) No 337/75 to make Regulation (EC)
No 1049/2001 applicable to the European Centre for the
Development of Vocational Training, 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

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

The revenue and expenditure shown in the budget

2.
shall be in balance.’

3. Article 11 is replaced by the following:

‘Article 11

Establishment of the budget

1.
Each year the Management Board, on the basis of a
draft drawn up by the Director, shall produce a statement of
estimates of revenue and expenditure for the Centre for the
following financial year. This statement of estimates, which
shall include a draft establishment plan, shall be transmitted
by the Management Board to the Commission by 31 March
at the latest.

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Official Journal of the European Communities

C 331 E/83

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

for that

together with a report on the budgetary and financial
financial year. The report on the
management
budgetary and financial management
financial
for
year shall also be transmitted to the European Parliament
and the Council.

that

The budgetary authority shall determine the appro-

2.
priations available for the subsidy to the Centre.

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

The Management Board shall adopt

3.
the Centre's
budget before the beginning of the budget year, adjusting
it to the subsidy granted by the budgetary authority. The
budget as
thus adopted shall be transmitted by the
Commission to the budgetary authority.’

4. Article 12 is replaced by the following:

3.
On receipt of the Court of Auditors' observations on
the Centre's provisional accounts, pursuant to Article 129 of
the general Financial Regulation, the Director shall draw up
the Centre's final accounts under his own responsibility and
transmit them to the Management Board for an opinion.

The Centre's Management Board shall deliver an

4.
opinion on the Centre's final accounts.

5.
The Director of the Centre 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.

‘Article 12

6.

The final accounts shall be published.

The financial rules applicable to the Centre shall be
1.
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

The Director

2.
Centre.

shall

implement

the budget of

the

The Centre's Director shall send the Court of Auditors
7.
a reply to its observations by 30 September at the latest. He
shall also send this reply to the Management Board.

The European Parliament, on a recommendation from
8.
the Council acting by a qualified majority, shall, before 30
April of year N+2, give a discharge to the Director of the
Centre in respect of the implementation of the budget for
year N.’

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

the Centre

3.
same powers over
departments.’

6. The following Article 12b is inserted:

‘Article 12b

5. Article 12a is replaced by the following:

‘Article 12a

The Management Board shall adopt the annual report on
the Centre's activities and prospects, and transmit it by 15
June at the latest to the European Parliament, the Council,
the Commission, the Economic and Social Committee and
the Court of Auditors.’

to the Commission's

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

7. The following Article 14a is inserted:

‘Article 14a

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

By 31 March at the latest following each financial
2.
year,
transmit
the Commission's accounting officer shall
the Centre's provisional accounts to the Court of Auditors,

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

C 331 E/84

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Official Journal of the European Communities

31.12.2002

Decisions taken by the Centre 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.’

Article 2

Management Board pursuant to Article 12(1) of Regulation
(EEC) No 337/75, as amended by this Regulation.

Article 3

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

Regulation (EEC) No 1416/76 is repealed with effect from
rules adopted by the
the financial
entry into force of

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