Council Regulation (EC) No 1650/2003 of 18 June 2003 amending Regulation (EC) No 2100/94 on Community plant variety rights
Date: 2003-06-18
Institutions: Council of the European Union
Subjects: Community Plant Variety Office, access to EU information, audit, financial control, plant variety right

L 245/28

EN

Official Journal of the European Union

29.9.2003

COUNCIL REGULATION (EC) No 1650/2003

of 18 June 2003

amending Regulation (EC) No 2100/94 on Community plant variety rights

THE COUNCIL OF THE EUROPEAN UNION,

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

(EC) No 1049/2001 applicable to the Community Plant
Variety Office, as should a provision on a right of
appeal against a refusal of access to documents.

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

(6)

Regulation (EC) No 2100/94 should therefore be
amended accordingly,

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

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

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

(1) With the entry into force of Council Regulation (EC,
Euratom) No 1605/2002 of 25 June 2002 on the
Financial Regulation applicable to the general budget of
the
of
centralised ex ante financial control was replaced by
more modern control and audit systems.

Communities (4),

European

concept

the

(2)

(3)

The Community Plant Variety Office
should have
control and audit systems comparable with those of the
Community institutions.

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
Council of 30 May 2001 regarding public access to
European
Commission
documents (5).

the European Parliament and of

Parliament,

Council

and

(4) 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 in the said Regulation.

(5)

Appropriate provisions should therefore be included in
Council Regulation (EC) No 2100/94 of 27 July 1994 on
Community plant variety rights (6) to make Regulation

(1) OJ C 331 E, 31.12.2002, p. 69.
(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 248, 16.9.2002, p. 1, with Corrigendum in OJ L 25,

30.1.2003, p. 43.

(5) OJ L 145, 31.5.2001, p. 43.
(6) OJ L 227, 1.9.1994, p. 1. Regulation as last amended by Regulation

(EC) No 2506/95 (OJ L 258, 28.10.1995, p. 3).

Regulation (EC) No 2100/94 is hereby amended as follows:

1. The following Article shall be inserted:

‘Article 33a

Access to documents

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 Office.

to European Parliament, Council

access

for

The Administrative Council shall adopt the practical
2.
arrangements
implementing Regulation (EC) No
1049/2001 within six months of entry into force of
Council Regulation (EC) No 1650/2003 of 18 June 2003
amending Regulation (EC) No 2100/94 on Community
plant variety rights (**).

Decisions taken by the Office pursuant to Article 8
3.
of Regulation (EC) No 1049/2001 may form the subject of
a complaint to the Ombudsman or of an action before the
Court of Justice, under the conditions laid down in Articles
195 and 230 of the Treaty respectively.

(*) OJ L 145, 31.5.2001, p. 43.
(**) OJ L 245, 29.9.2003, p. 28.'

2. Article 111 shall be amended as follows:

(a) The title shall be replaced by the following:

‘Audit and control'

29.9.2003

EN

Official Journal of the European Union

L 245/29

(b) Paragraph 111(1) shall be replaced by the following:

‘1.
An internal audit function shall be set up within
the Office, to be performed in compliance with the
relevant international standards. The internal auditor,
appointed by the President, shall be responsible to him
for
budget
proper
implementation systems and procedures of the Office.

operation

verifying

the

of

of implementation of operations and promoting sound
financial management.

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

The internal auditor shall advise the President on
dealing with risks, by issuing independent opinions on
the quality of management and control systems and by
issuing recommendations for improving the conditions

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