Common Position (EC) No 43/2003 of 3 June 2003 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a regulation of the European Parliament and of the Council amending Regulation (EC) No 178/2002 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
Date: 2003-06-03
Institutions: Council of the European Union
Subjects: European Food Safety Authority, foodstuff, foodstuffs legislation, health risk, human nutrition, product safety

16.9.2003

EN

Official Journal of the European Union

C 219 E/5

COMMON POSITION (EC) No 43/2003

adopted by the Council on 3 June 2003

with a view to adopting Regulation (EC) No . . ./2003 of the Parliament and of the Council of . . .
amending Regulation (EC) No 178/2002 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

(2003/C 219 E/02)

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 and 133 and
Article 152(4)(b) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Court of Auditors (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 have rules which
conform to those of 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 provision on appeals against a
refusal of access to documents.

Having regard to the Opinion of the European Economic and
Social Committee (3),

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

accordingly,

Acting in accordance with the procedure referred to in Article
251 of the Treaty (4),

HAVE ADOPTED THIS REGULATION:

Whereas:

food law,

(1) Certain provisions of Regulation (EC) No 178/2002 of the
European Parliament and of the Council of 28 January
2002 laying down the general principles and requirements
establishing the European Food Safety
of
Authority and laying down procedures in matters of food
safety (5) should be brought into line with Council Regu-
lation (EC, Euratom) No 1605/2002 of 25 June 2002 on
the Financial Regulation applicable to the general budget of
the European Communities (6)
(hereinafter referred to as
‘the general
and in particular
Article 185 thereof.

Financial Regulation’),

(2) The general principles and limits governing the exercise of
the 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
Commission
documents (7).

Parliament,

Council

and

(1) OJ C 331 E, 31.12.2002, p. 79.
(2) OJ C 285, 21.11.2002, p. 4.
(3) OJ C 85, 8.4.2003, p. 64.
(4) Opinion of the European Parliament of 22 October 2002 (not yet
published in the Official Journal), Council Common Position of 3
June 2003 and Decision of the European Parliament of . . . (not yet
published in the Official Journal).

(5) OJ L 31, 1.2.2002, p. 1.
(6) OJ L 248, 16.9.2002, p. 1 with Corrigendum in OJ L 25,

30.1.2003, p. 43.

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

Article 1

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

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

‘9.
The financial rules applicable to the Authority shall be
adopted by the Management Board after the Commission
has been consulted. They may not depart from Commission
Regulation (EC, Euratom) No 2343/2002 of 19 November
2002 on the framework Financial Regulation for the bodies
referred to in Article 185 of Council Regulation (EC,
Euratom) No 1605/2002 on the Financial Regulation
European
applicable
Communities (*) unless
specifically
required for the Authority's operation and the Commission
has given its prior consent.

general budget of
such departure

to the

the
is

___________
(*) OJ L 357, 31.12.2002, p. 72 with Corrigendum in OJ L

2, 7.1.2003, p. 39.’

2. Article 26 shall be amended as follows:

(a) Paragraph 2(f) shall be replaced by the following:

‘(f)

the preparation of the Authority's draft statement of
estimates of
revenue and expenditure, and the
execution of its budget;’;

C 219 E/6

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Official Journal of the European Union

16.9.2003

(b) Paragraph 3 shall be replaced by the following:

Court of Justice, under the conditions laid down in Articles
195 and 230 of the EC Treaty respectively.

Each year, the Executive Director shall submit to

‘3.
the Management Board for approval:

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

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

the Authority in the previous year;

(b) draft programmes of work.

4. Article 43 shall be amended as follows:

(a) paragraphs 3, 4, 5 and 6 shall be replaced by the

following:

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

the Council,

European

the

The Executive Director shall, following adoption by the
Management Board and by 15 June,
forward the
Authority's general report to the European Parliament,
the Council, the Commission, the Court of Auditors, the
European Economic and Social Committee and the
Committee of the Regions, and shall have it published.

The Executive Director shall forward annually to the
budgetary authority all
to the
outcome of the evaluation procedures.’;

information relevant

(c) Paragraph 4 shall be deleted.

3. Article 41 shall be replaced by the following:

‘Article 41

Access to documents

Regulation (EC) No 1049/2001 of

1.
the European
Parliament and of the Council of 30 May 2001 regarding
access to European Parliament, Council and Commission
documents (*)
shall apply to documents held by the
Authority.

for

Regulation

The Management Board shall adopt

the practical
2.
arrangements
(EC)
implementing
No 1049/2001 within six months after the entry into
the European
force of Regulation (EC) No . . ./2003 of
Parliament and of the Council of . . . amending Regulation
(EC) No 178/2002 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 (**).

3.
Decisions taken by the Authority pursuant to Article 8
of Regulation (EC) No 1049/2001 may form the subject of
a complaint to the Ombudsman or of an action before the

The Executive Director shall draw up,

‘3.
in good
time before the date referred to in paragraph 5, a
draft statement of estimates of the Authority's revenue
and expenditure for the following financial year and
together
shall
with the establishment plan.

to the Management Board,

forward it

4.

Revenue and expenditure shall be in balance.

the Authority for

5.
Each year the Management Board, on the basis of
a draft statement of estimates of revenue and expen-
diture,
shall produce a statement of estimates of
the
revenue and expenditure of
following financial year. This statement of estimates,
which shall include a draft establishment plan together
with the provisional work programmes,
shall be
forwarded by 31 March at the latest by the Management
Board to the Commission and to the countries with
which the Community has concluded agreements in
accordance with Article 49.

The statement of estimates shall be forwarded by
6.
the Commission to the European Parliament and the
Council
“the budgetary
authority”) together with the preliminary draft general
budget of the European Union.’;

referred to as

(hereinafter

(b) the following paragraphs shall be added:

enter

On the basis of the statement of estimates, the
‘7.
Commission shall
in the preliminary draft
general budget of the European Union the estimates it
deems necessary for the establishment plan and the
amount of the subsidy to be charged to the general
shall place before the budgetary
budget, which it
authority in accordance with Article 272 of the Treaty.

The budgetary authority shall authorise the appro-

8.
priations for the subsidy to the Authority.

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

9.
The budget shall be adopted by the Management
Board. It shall become final following final adoption of
the general budget of
the European Union. Where
appropriate, it shall be adjusted accordingly.

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Official Journal of the European Union

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The Management Board shall, as soon as possible,
10.
notify the budgetary authority of
intention to
implement any project which may have significant
financial implications for the funding of the budget, in
particular any projects relating to property such as the
rental or purchase of buildings.
inform the
Commission thereof.

It shall

its

Where a branch of the budgetary authority has notified
its intention to deliver an opinion, it shall forward its
opinion to the Management Board within a period of six
weeks from the date of notification of the project.’

5. Article 44 shall be replaced by the following:

‘Article 44

Implementation of the Authority's budget

The

1.
Authority's budget.

Executive Director

shall

implement

the

accounts

to the Commission's

By 1 March at the latest following each financial year,
2.
the Authority's accounting officer shall communicate the
provisional
accounting
together with a report on the budgetary and
officer
year. The
financial management
that
the
Commission's accounting officer
provisional accounts of the institutions and decentralised
bodies in accordance with Article 128 of
the general
Financial Regulation.

financial
shall

consolidate

for

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

for

On receipt of the Court of Auditors' observations on
4.
the Authority's provisional accounts under Article 129 of
the general Financial Regulation, the Executive Director shall
draw up the Authority's final accounts under his own
responsibility and submit them to the Management Board
for an opinion.

The Management Board shall deliver an opinion on

5.
the Authority's final accounts.

6.
The Executive Director shall, by 1 July at the latest
following each financial year, forward the final accounts to
the European Parliament, the Council, the Commission and
the Court of Auditors,
together with the Management
Board's opinion.

7.

The final accounts shall be published.

The Executive Director

send the Court of
8.
Auditors a reply to its observations by 30 September at
the latest. He shall also send this reply to the Management
Board.

shall

The Executive Director shall submit to the European
9.
Parliament, at the latter's request, all information necessary
for the smooth application of the discharge procedure for
the financial year in question, as laid down in Article 146(3)
of the general Financial Regulation.

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 first day of the
month following that of its publication in the Official Journal of
the European Union.

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

Done at . . .

For the European Parliament

The President

For the Council

The President

C 219 E/8

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Official Journal of the European Union

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

On 17 July 2002 the Commission submitted a proposal for a Regulation of the European Parliament
and of the Council amending Council Regulation (EC) No 178/2002 as regards the budgetary and
financial rules applicable to the European Food Safety Authority and access to the Authority's
documents (1).

The proposal is based on Articles 37, 95, 133 and 152(4)(b) of the EC Treaty.

The European Parliament delivered its opinion on 22 October 2002 (2).

The Court of Auditors delivered its opinion on 26 September 2002 (3).

The Economic and Social Committee delivered its opinion on 11 December 2002 (4).

II. OBJECTIVE

The purpose of the above proposal is to amend Regulation (EC) No 178/2002 as regards the budgetary
and financial rules applicable to the Authority, in order to bring it into line with the new general
Financial Regulation that entered into force on 1 January 2003 (5), and also as regards access to the
Authority's documents, with a view to implementing within the Authority Regulation (EC)
No 1049/2001 of the European Parliament and of the Council of 20 May 2001 regarding access to
European Parliament, Council and Commission documents (6).

III. EUROPEAN AMENDMENTS

At the trialogue meeting held on 18 March 2003, the European Parliament and the Council agreed that
the text of the Regulation should incorporate four European Parliament amendments relating to:

(a) notification of the budgetary authority regarding evaluation procedures (Article 26(3));

(b) the conditions for final adoption of the Authority's budget (Article 43(9));

(c) notification of the budgetary authority regarding projects (in particular those relating to property)

which might have significant financial implications for the budget (Article 43(10));

(d) the discharge procedure (Article 44(4)).

Those amendments have been incorporated in the common position.

Three other European Parliament amendments were not included in the Regulation, but have been
accepted in substance in the form of statements which appear in Addendum 2 to the common position
(doc. 8240/03) and are to be published in the Official Journal of the European Union.

IV. MAJOR CHANGES MADE BY THE COUNCIL TO THE COMMISSION'S ORIGINAL PROPOSAL

The Council did not adopt the Commission's proposal for the procedure to appoint the Director, as it
was not technically an amendment to the existing rules.

(1) OJ C 331 E, 31.12.2002, p. 79.
(2) Not yet published in the Official Journal.
(3) OJ C 285, 21.11.2002, p. 4.
(4) OJ C 85, 8.4.2003, p. 64.
(5) OJ L 248, 16.9.2002, p. 1; Corrigendum OJ L 25, 30.1.2003, p. 43.
(6) OJ L 145, 31.5.2001, p. 43.