Council Regulation (EC) No 1654/2003 of 18 June 2003 amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work
Date: 2003-06-18
Institutions: Council of the European Union
Subjects: European Agency for Safety and Health at Work, access to EU information, document, financial regulation, implementation of the budget

L 245/38

EN

Official Journal of the European Union

29.9.2003

COUNCIL REGULATION (EC) No 1654/2003

of 18 June 2003

amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at
Work

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Regulation (EC) No 2064/94 should therefore be
amended accordingly,

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

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

HAS ADOPTED THIS REGULATION:

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

Article 1

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

Regulation (EC) No 2062/94 is hereby amended as follows:

Whereas:

1. Article 6 shall be replaced by the following:

(1)

(2)

Certain provisions of Council Regulation (EC) No
2062/94 of 18 July 1994 establishing a European
Agency for Safety and Health at Work (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 (hereinafter referred to as ‘the
general Financial Regulation') (5),
and in particular
Article 185 thereof.

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
1049/2001 of
the
Council of 30 May 2001 regarding public access to
Commission
European
documents (6).

the European Parliament and of

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 (EC) No 2062/94 to make Regulation (EC)
No 1049/2001 applicable to the European Agency for
Safety and Health at Work, as should a provision on
appeals against a refusal of access to documents.

(1) OJ C 331 E, 31.12.2002, p. 77.
(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 216, 20.8.1994, p. 1. Regulation as amended by Regulation

(EC) No 1643/95 (OJ L 156, 7.7.1995, 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 145, 31.5.2001, p. 43.

‘Article 6

Access to documents

Regulation (EC) No 1049/2001 of

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

to European Parliament, Council

access

for

The Administrative Board shall adopt the protocol
2.
arrangements
implementing Regulation (EC) No
1049/2001 within six months of entry into force of
Conncil Regulation No 1654/2003 of 18 June 2003
amending Regulation (EC) No 2062/94 establishing a
European Agency for Safety and Health at Work (**).

Decisions taken by the Agency 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. 38.';

2. Article 10(2) shall be replaced by the following:

The Administrative Board shall adopt

‘2.
the annual
report on the Agency's activities and forward it by 15 June
at the latest to the European Parliament, the Council, the
Commission,
Social
Committee, the Court of Auditors, the Member States and
the Advisory Committee on Safety, Hygiene and Health
Protection at Work.

Economic

European

and

the

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Official Journal of the European Union

L 245/39

The Agency shall forward annually to the budgetary
3.
authority any information relevant to the outcome of the
evaluation procedures.';

Article 14

Implementation of the budget

3. Articles 13, 14 and 15 shall be replaced by the following:

The Director shall

1.
Agency.

implement

the budget of

the

‘Article 13

Draft estimate — Adoption of the budget

revenue and expenditure for

1.
Each year the Administrative 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
Administrative Board to the Commission by 31 March at
the latest.

the Agency for

2.
The estimate shall be forwarded by the Commission
to the European Parliament and to 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 Agency.

budgetary

authority

shall

authorise

the

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

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

By 1 March at the latest following each financial year,
2.
the Agency'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
shall consolidate the
Commission's accounting officer
provisional accounts of the institutions and decentralised
bodies in accordance with Article 128 of
the general
Financial Regulation.

for

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

for that

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

his

The Administrative Board shall deliver an opinion on

5.
the Agency'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 Administrative Board's
opinion.

7.

The final accounts shall be published.

8.
The 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.

the budgetary

any project which may have

The Administrative 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

its budget,

shall

its

It

shall

submit

The Director

9.
European
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

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

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.

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Official Journal of the European Union

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Article 15

Financial regulation

been

consulted. They may not

The financial
rules applicable to the Agency shall be
adopted by the Administrative Board after the Commission
has
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 applicable
the
European Communities (*) unless specifically required for

to the general budget of

depart

the Agency's operation and with the Commission's prior
consent.

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

L 2, 7.1.2003, p. 39.'

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 Luxembourg, 18 June 2003.

For the Council

The President

G. DRYS