Proposal for a Council Decision amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (COM(2002) 406 final — 2002/0173(CNS))
Date: 2002-12-31
Institutions: European Commission
Subjects: Eurojust, access to information, administrative transparency, appointment of staff, approximation of laws, fight against crime, financial regulation, general budget (EU), organised crime

31.12.2002

EN

Official Journal of the European Communities

C 331 E/67

Proposal for a Council Decision amending Decision 2002/187/JHA setting up Eurojust with a view
to reinforcing the fight against serious crime

(2002/C 331 E/12)

COM(2002) 406 final — 2002/0173(CNS)

(Submitted by the Commission on 17 July 2002)

THE COUNCIL OF THE EUROPEAN UNION,

2. Articles 35, 36 and 37 are replaced by the following:

Having regard to the Treaty on European Union, and in
particular Articles 31 and 34(2)(c) thereof,

‘Article 35

Having regard to the initiative of the Commission,

Having regard to the opinion of the European Parliament,

Whereas

(1) Although Eurojust is a body established under the Treaty
on European Union, on the basis of Article 41 of the
Treaty on European Union, it is widely assimilated to the
decentralised bodies set up by the Communities as far as
budgetary and financial issues are concerned;

(2) For this reason, the provisions of Decision 2002/187/JHA
should be harmonised with Council Regulation (EC,
regulation
Euratom) No . . . of
applicable
the European
Communities, and in particular Article 185 thereof.

. . . on the financial

general budget of

to the

(3) Decision 2002/187/JHA should therefore be amended

accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Drawing up of the budget

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

shall produce

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 Eurojust.

The budgetary authority shall adopt the establishment

3.
plan for Eurojust.

On the basis of the annual subsidy decided upon by
4.
the
the budgetary authority,
definitive budget of Eurojust before the beginning of the
budget year, adjusting it
to the various contributions
granted to Eurojust and to the funds from other sources.

the College shall adopt

Decision 2002/187/JHA is hereby amended as follows:

Article 36

1. Article 32(1) is replaced by the following:

The President, on behalf of the College, shall report to
in writing every year on the activities of

‘1.
the Council
Eurojust.

For this purpose the College shall adopt an annual report on
the activities of Eurojust and on any criminal policy
problems within the Union highlighted as a result of
those activities.
In that report, Eurojust may also make
proposals for the improvement of judicial cooperation in
criminal matters.

The annual report shall be transmitted by 15 June at the
latest
the
Commission and the Court of Auditors.

to the European Parliament,

the Council,

The President shall also submit any report or any other
information on the operation of Eurojust which may be
required of him by the Council.’

Implementation of the budget and discharge

The Administrative Director

1.
shall, as authorising
officer, implement the Eurojust budget. He shall report to
the College on the implementation of the budget.

accounts

to the Commission's

2.
By 1 March at the latest following each financial year,
the accounting officer of Eurojust 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 Council Regu-
lation No . . . (*).

financial
shall

consolidate

for

By 31 March at the latest following each financial
3.
year,
transmit
the Commission's accounting officer shall
Eurojust's provisional accounts to the European Parliament,
the Council and the Court of Auditors, together with a
report on the budgetary and financial management
for
that financial year.

C 331 E/68

EN

Official Journal of the European Communities

31.12.2002

On receipt of the Court of Auditors' observations on
4.
Eurojust's provisional accounts, pursuant to Article 129 of
Regulation (EC) No . . ., the Administrative Director shall
draw up Eurojust's final accounts under his own responsi-
bility and transmit them to the College of Eurojust for an
opinion.

The College of Eurojust shall deliver an opinion on

5.
Eurojust's final accounts.

following each financial year,

The Administrative Director shall, by 1 July at the
6.
the final
latest
accounts to the European Parliament,
the
Commission and the Court of Auditors, together with the
College's opinion.

the Council,

transmit

Article 37

Financial regulation applicable to the budget

The financial rules applicable to Eurojust's budget shall be
adopted by the College after the Commission has been
consulted. They may not depart
from the framework
Financial Regulation adopted by the Commission under
Article 185 of the Financial Regulation applicable to the
the European Communities unless
general budget of
specifically required for Eurojust's operation and with the
Commission's prior consent.

___________
(*) OJ L . . .’

7.

The final accounts shall be published.

The Administrative Director of Eurojust shall send the
8.
Court of Auditors a reply to its observations by 30
September at the latest. He shall also send this reply to
the College of Eurojust.

The European Parliament, on a recommendation from
9.
the Council acting by a qualified majority, shall, before 30
April of year N+2, give a discharge to the Administrative
Director of Eurojust in respect of the implementation of the
budget for year N.

3. Article 38(1) is replaced by the following:

‘1.
The responsibility for putting in place internal control
systems and procedures suitable for carrying out his tasks
shall lie with the authorising officer.’

Article 2

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