Proposal for a Council Regulation amending Regulation (EC) No 1360/90 as regards the budgetary and financial rules applicable to the European Training Foundation and access to the Foundation's documents
Date: 2002-07-17
Institutions: European Commission
Subjects: European Training Foundation, 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/63

Proposal for a Council Regulation amending Regulation (EEC) No 1360/90 as regards the budgetary
and financial rules applicable to the European Training Foundation and access to the Foundation's
documents

(2002/C 331 E/10)

COM(2002) 406 final — 2002/0171(CNS)

(Submitted by the Commission on 17 July 2002)

THE COUNCIL OF THE EUROPEAN UNION,

1. The following Article 4a is inserted:

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

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) The provisions of Council Regulation (EEC) No 1360/90 of
7 May 1990 establishing a European Training Foun-
dation (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.

general budget of

to the

(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 (EEC) No 1360/90 to make Regulation (EC)
No 1049/2001 applicable to the European Training Foun-
dation, as should a clause guaranteeing a right of appeal
against a refusal of access to documents.

(5) Regulation (EEC) No 1360/90 should therefore be amended

accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1360/90 is amended as follows:

(1) OJ L 131, 23.5.1990, p. 1. Regulation last amended by Regulation

(EC) No 2555/2000 (OJ L 306, 7.12.2000, p. 1).

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

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

Decisions taken by the Foundation 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.

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

2. Article 5(9) is replaced by the following:

it by 15 June at
the Council,
and Social Committee

‘The Governing Board shall adopt the Foundation's annual
to the
report and transmit
the latest
the Commission,
European Parliament,
the
Economic
and the Court of
shall also be transmitted to the
Auditors. The report
Member States
eligible
for
and,
countries.’

information,

to the

3. The third indent of Article 7(1) is replaced by the following:

‘— for the preparation of the draft statement of estimates
revenue and expenditure, and

the Foundation's
of
execution of its budget,’

4. Article 10(1), (2) and (3) are replaced by the following:

‘1.
Each year, by 15 February at the latest, the Governing
Board, on the basis of a draft drawn up by the Director,
shall produce a statement of estimates of revenue and
expenditure for the Foundation for the following financial
year. This statement of estimates, which shall include a draft
establishment plan, shall be transmitted by the Governing
Board to the Commission.

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

referred to as

the

C 331 E/64

EN

Official Journal of the European Communities

31.12.2002

The Commission shall examine the statement of
2.
estimates, having regard to the vocational training priorities
in the eligible countries and to the overall financial orien-
tations on economic aid to these countries.

sibility and transmit them to the Governing Board for an
opinion.

The Governing Board of the Foundation shall deliver

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

the overall amount

It shall establish on this basis, and within the proposed
to be made available for
limits of
countries,
economic
annual
the Foundation to be
contribution for
the
included in the preliminary draft general budget of
European Communities.

eligible
the budget of

aid to the

the

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

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

the Council,

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

8.

The final accounts shall be published.

The budgetary authority shall adopt the establishment

3.
plan for the Foundation.’

5. Article 11(2), (3) and (4) are replaced by the following:

‘2.
The Commission's internal auditor shall exercise the
same powers over the Foundation as over Commission
departments.

3.
By 1 March at the latest following each financial year,
the Foundation's accounting officer shall communicate the
provisional accounts to the Commission's accounting officer
together with a report on the budgetary and financial
financial year. The Commission's
management
accounting
provisional
accounts of
and decentralised bodies
within the meaning of Article 128 of Council Regulation
(EC, Euratom) No . . . on the Financial Regulation applicable
to the general budget of
the European Communities (*)
(hereinafter “the general Financial Regulation”).

shall
institutions

for
officer
the

consolidate

that

the

By 31 March at the latest following each financial
4.
transmit
the Commission's accounting officer shall
year,
the Foundation's provisional accounts to the Court of
Auditors,
together with a report on the budgetary and
financial management for that financial year. The report
on the budgetary and financial management
that
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 Foundation'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 respon-

The Foundation's Director shall send the Court of
9.
Auditors a reply to its observations by 30 September at
the latest. He shall also send this reply to the Governing
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
Director in respect of the implementation of the budget
for year N.
___________
(*) OJ L . . .’

6. Article 12 is replaced by the following:

‘Article 12

The financial rules applicable to the Foundation shall be
adopted by the Governing Board after the Commission
has been consulted.

They may not depart from the framework Financial Regu-
lation 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
Foundation'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.

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