Council Regulation (EC) No 1655/2003 of 18 June 2003 amending Regulation (EEC) No 337/75 establishing a European Centre for the Development of Vocational Training and repealing Regulation (EEC) No 1416/76
Date: 2003-06-18
Institutions: Council of the European Union
Subjects: Cedefop, access to EU information, financial regulation

29.9.2003

EN

Official Journal of the European Union

L 245/41

COUNCIL REGULATION (EC) No 1655/2003

of 18 June 2003

amending Regulation (EEC) No 337/75 establishing a European Centre for the Development of
Vocational Training and repealing Regulation (EEC) No 1416/76

THE COUNCIL OF THE EUROPEAN UNION,

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

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

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Court of Auditors (3),

Whereas:

(1)

to that Article,

Certain provisions of Council Regulation (EC) No
337/75 of 10 February 1975 establishing a European
Centre for the Development of Vocational Training (4)
should be brought into line with Council Regulation
(EC, Euratom) No 1605/2002 of 25 June 2002 on the
Financial Regulation applicable to the general budget of
the European Communities (5) (hereinafter referred to as
‘the general Financial Regulation'), and in particular
Article 185 thereof. Pursuant
the
European Centre for the Development of Vocational
Training must adopt financial rules in conformity with
Commission Regulation (EC, Euratom) No 2343/2002
of 23 December 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 applicable to the general budget of
the European Communities (6). Consequently, Council
Regulation (EEC) No 1416/76 of 1 June 1976 on the
financial provision applying to the European Centre for
the Development of Vocational Training (7) must be
repealed with effect from the entry into force of the
financial rules adopted by the Management Board of the
Centre.

(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
the
1049/2001 of

the European Parliament and of

(1) OJ C 331 E, 31.12.2002, p. 82.
(2) Opinion delivered on 27.3.2003 (not yet published in the Official

Journal).

(3) OJ C 285, 21.11.2002, p. 4.
(4) OJ L 39, 13.2.1975, p. 1. Regulation as last amended by Regulation

(EC) No 354/95 (OJ L 41, 23.2.1995, p. 1).

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

30.1.2003, p. 43.

(6) OJ L 357, 31.12.2002, p. 72, with Corrigendum in OJ L 2,

7.1.2003, p. 39.

Council of 30 May 2001 regarding public access to
European
Commission
documents (8).

Parliament,

Council

and

(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
conforming to those of 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
provision on appeals against a refusal of access to
documents.

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Articles 10, 11, 12 and 12a shall be replaced by the

following:

‘Article 10

shall be prepared

Estimates of all the revenue and expenditure of the
1.
Centre
year,
for
corresponding to the calendar year, and shall be shown in
the budget of
an
establishment plan.

the Centre, which shall

each financial

include

The revenue and expenditure shown in the budget

2.
shall be in balance.

Article 11

revenue and expenditure

1.
Each year the Management Board, on the basis of a
draft drawn up by the Director, shall produce an estimate
of
the
following financial year. This estimate, which shall include
a draft establishment plan, shall be forwarded by the
Management Board to the Commission by 31 March at the
latest.

the Centre for

for

(7) OJ L 164, 24.6.1976, p. 1. Regulation as

last amended by

Regulation (EEC) No 1948/93 (OJ L 181, 23.7.1993, p. 15).

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

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Official Journal of the European Union

29.9.2003

The estimate shall be forwarded by the Commission
2.
to the European Parliament and the Council (hereinafter
referred to as ‘the budgetary authority') together with the
preliminary draft general budget of the European Union.

On the basis of the estimate, the Commission shall
3.
enter
the
in the preliminary draft general budget of
European Union the estimates it deems necessary for the
establishment plan and the amount of the subsidy to be
charged to the general budget, which it shall place before
the budgetary authority in accordance with Article 272 of
the Treaty.

The

4.
appropriations for the subsidy to the Centre.

budgetary

authority

shall

authorise

the

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

The budget of the Centre shall be adopted by the
5.
Management Board. It shall become final following final
adoption of the general budget of the European Union.
Where appropriate, it shall be adjusted accordingly.

the budgetary

any project which may have

The Management Board shall, as soon as possible,
6.
intention to
authority of
notify
significant
implement
financial
in
particular any projects relating to property such as the
rental or purchase of buildings.
inform the
Commission thereof.

implications for the funding of the budget,

shall

its

It

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

for that

On receipt of the Court of Auditors' observations on
4.
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
them to the Management Board for an
and submit
opinion.

The Management Board shall deliver an opinion on

5.
the Centre's final accounts.

The Director shall, by 1 July at the latest following
6.
forward the final accounts to the
each financial year,
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.

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.

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

Article 12

been

depart

consulted. They may not

1.
The financial rules applicable to the Centre shall be
adopted by the Management Board after the Commission
from
has
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
the
Regulation applicable
European Communities (*) unless specifically required for
the Centre's operation and with the Commission's prior
consent.

to the general budget of

shall

submit

The Director

European
9.
Parliament, at the latter's request, any information required
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.

the

to

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 357, 31.12.2002, p. 72 with Corrigendum in

OJ L 2, 7.1.2003, p. 39.'

Article 12a

The Director shall

1.
Centre.

implement

the budget of

the

2.

the following Article shall be inserted:

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

for

‘Article 12b

1.
The Management Board shall adopt the annual report
on the Centre's activities and prospects, and forward it by
the
the latest
15 June at
and Social
the Commission,
Council,
Committee and to the Court of Auditors.

to the European Parliament,

the Economic

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Official Journal of the European Union

L 245/43

The Centre shall forward annually to the budgetary
2.
authority any information relevant to the outcome of the
evaluation procedures.';

3. a new Article shall be inserted:

‘Article 14a

Regulation (EC) No 1049/2001 of

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

to European Parliament, Council

access

for

The Management Board shall adopt

the practical
2.
arrangements
implementing Regulation (EC) No
1049/2001 within six months of entry into force of
Council Regulation (EC) No 1655/2003 of 18 June 2003
amending Regulation (EC) No 337/75 establishing a
European Centre for
the Development of Vocational
Training and repealing Regulation (EEC) No 1416/76 (**).

Decisions taken by the Centre pursuant to Article 8
3.
of Regulation (EC) No 1049/2001 may give rise to the
lodging of a complaint to the Ombudsman or form the
subject of an action before the Court of Justice of the
European Communities, under Articles 195 and 230 of the
Treaty respectively.

(*) OJ L 145, 31.5.2001, p. 43.
(**) OJ L 245, 29.9.2003, p. 41.'

Article 2

Regulation (EEC) No 1416/76 shall be repealed with effect from
the date of entry into force of the financial rules adopted by
the Management Board pursuant to Article 12(1) of Regulation
(EEC) No 337/75.

Article 3

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 Luxembourg, 18 June 2003.

For the Council

The President

G. DRYS