Council Regulation (EC) No 1645/2003 of 18 June 2003 amending Regulation (EC) No 2965/94 setting up a Translation Centre for the bodies of the European Union
Date: 2003-06-18
Institutions: Council of the European Union
Subjects: Translation Centre for the Bodies of the European Union, access to EU information, financial regulation

29.9.2003

EN

Official Journal of the European Union

L 245/13

COUNCIL REGULATION (EC) No 1645/2003

of 18 June 2003

amending Regulation (EC) No 2965/94 setting up a Translation Centre for the bodies of the
European Union

THE COUNCIL OF THE EUROPEAN UNION,

agencies and similar bodies should implement rules
conforming to those of that Regulation.

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

(5)

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),

Appropriate provisions should therefore be included in
Regulation (EC) No 2695/94 to make Regulation (EC)
No 1049/2001 applicable to the Translation Centre for
the bodies of the European Union, as should a provision
on a right of appeal against a refusal of access to
documents.

(6)

Regulation (EC) No 2965/94 should therefore be
amended accordingly,

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

(3)

Certain provisions of Council Regulation (EC) No
2965/94 of 28 November 1994 setting up a Translation
Centre for bodies of the European Union (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.

Article 10 of Regulation (EC) No 2965/94 should be
amended to clarify the arrangements for financing the
Centre.

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
European
Commission
documents (6).

the European Parliament and of

Parliament,

Council

and

Article 1

Regulation (EC) No 2965/94 is hereby amended as follows:

1. Article 8(3) shall be replaced by the following:

The Management Board shall adopt

‘3.
the annual
report on the Centre's activities and transmit it by 15 June
at the latest to the European Parliament, the Council, the
Commission, the Court of Auditors and the bodies referred
to in Article 2.

4.
The Centre shall forward annually to the budgetary
authority any information relevant to the outcome of the
evaluation procedures.';

2. Article 10(2):

(4) When Regulation (EC) No 1049/2001 was adopted, the
three institutions agreed in a joint declaration that the

(a) point (b) shall be replaced by the following:

(1) OJ C 331 E, 31.12.2002, p. 50.
(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 314, 7.12.1994, p. 1. Regulation as amended by Regulation

(EC) No 2610/95 (OJ L 268, 10.10.1995, p. 1).

(5) OJ L 248, 16.9.2002, p. 1; corrigendum in OJ L 25, 30.1.2003,

p. 43.

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

‘(b) The Centre's

revenue shall comprise payments
made by the bodies for which the Centre works
and by the institutions and organs with which
collaboration has been agreed in return for work
performed
interinstitutional
it,
activities, and a Community subsidy.';

including

by

(b) point (c) shall be deleted;

L 245/14

EN

Official Journal of the European Union

29.9.2003

3. Article 13 shall be replaced by the following:

4. Article 14(2)(3) and (4) shall be replaced by the following:

‘Article 13

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 of

2.
the Centre shall be in balance.

revenue and expenditure

3.
Each year the Management Board, on the basis of a
draft drawn up by the Director, shall produce an estimate
the
of
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

4.
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
5.
the
in the preliminary draft general budget of
enter
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.

‘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

3.
By 31 March at the latest following each financial
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 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 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
and submit
them to the Management Board for an
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
forward the final accounts to the
the Council and the Court of

6.
each financial year,
European Parliament,
Auditors, together with the Management Board's opinion.

The

6.
appropriations for the subsidy to the Centre.

budgetary

authority

shall

authorise

7.

The final accounts shall be published.

the

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 Management Board.

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

7.
The budget of the Centre 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.

the budgetary

any project which may have

The Management Board shall, as soon as possible,
8.
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

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

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.';

5. Article 15 shall be replaced by the following:

‘Article 15

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 financial
rules applicable to the Centre shall be
adopted by the Management Board after the Commission
from
has

consulted. They may not

depart

been

29.9.2003

EN

Official Journal of the European Union

L 245/15

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

to the general budget of

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

L 2, 7.1.2003, p. 39.'

6. an Article 18a shall be inserted:

‘Article 18a

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 1645/2003 of 18 June 2003
amending Regulation (EC) No 2965/94 setting up a
Translation Centre for bodies of the European Union (**).

3.
Decisions taken by the Centre pursuant to Article 8
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, 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. 13.'

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