Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No *.... of the European Parliament and of the Council setting up a European Maritime Safety Agency
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, general budget (EU), maritime safety

31.12.2002

EN

Official Journal of the European Communities

C 331 E/87

Proposal for a Regulation of the European Parliament and of the Council amending Regulation
(EC) No . . . of the European Parliament and of the Council setting up a European Maritime Safety
Agency

(2002/C 331 E/21)

COM(2002) 406 final — 2002/0182(COD)

(Submitted by the Commission on 17 July 2002)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

HAVE ADOPTED THIS REGULATION:

Article 1

Having regard to the Treaty establishing the European
Community, and in particular Article 80(2) thereof,

Regulation (EEC) No . . ./2002 is amended as follows:

Having regard to the proposal from the Commission,

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

Following consultation of the Committee of the Regions,

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

Whereas:

(1) The provisions of Regulation (EEC) No 2002/95 should be
harmonised with Regulation . . . on the financial regulation
applicable
the European
Communities, and in particular Article 185 thereof.

general budget of

to the

1. In Article 4, the following new paragraph 3 is added:

Regulation (EC) No 1049/2001 of

‘3.
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 by . . .

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 Justice, under Articles 195 and 230 of the EC
Treaty respectively.’

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

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

to the European Parliament,

the Council,

(2) The general principles and limits governing right of access
to documents 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).

(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 . . ./2002 to make Regulation (EC)
No 1049/2001 applicable to the European Maritime
Safety Agency, 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
the Executive Director and to harmonise the rules for all
the Community bodies
is
possible.

for which re-appointment

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

accordingly,

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

3. Article 16(2) is replaced by the following.

‘2.
The term of office of the Executive Director shall not
exceed five years. This term of office may, on a proposal
from the Commission, be extended for one further period
not exceeding five years.’

4. Article 18(5) is replaced by the following:

‘Article 18

5.
Each year the Administrative Board, on the basis of a
draft drawn up by the Executive Director, shall produce a
statement of 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 by 31 March at the latest be trans-
mitted by the Administrative Board to the Commission and
to the States with which the Community has concluded
agreements within the meaning of Article 54.

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

C 331 E/88

EN

Official Journal of the European Communities

31.12.2002

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

responsibility and transmit
Board for an opinion.

them to the Administrative

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

5. Article 19(2), (3) and (4) are replaced by the following:

‘Article 19

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

2.
same powers over
departments.

accounts

to the Commission's

By 1 March at the latest following each financial year,
3.
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 the general
Financial Regulation.

financial
shall

consolidate

for

By 31 March at the latest following each financial
transmit
the Commission's accounting officer shall
to the Court of
together with a report on the budgetary and

4.
year,
the Agency's provisional
Auditors,
financial management for that financial year.

accounts

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 Executive Director
shall draw up the Agency's final accounts under his own

6.
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 Administrative
Board's opinion.

7.

The final accounts shall be published.

8.
The Agency'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 Administrative
Board.

9.
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.’

6. Article 21 is replaced by the following:

‘Article 21

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.’