Council Regulation (EC) No 1648/2003 of 18 June 2003 amending Regulation (EEC) No 1360/90 establishing a European Training Foundation
Date: 2003-06-18
Institutions: Council of the European Union
Subjects: European Training Foundation, access to EU information, financial regulation

L 245/22

EN

Official Journal of the European Union

29.9.2003

COUNCIL REGULATION (EC) No 1648/2003

of 18 June 2003

amending Regulation (EEC) No 1360/90 establishing a European Training Foundation

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),

No 1049/2001 applicable to the European Training
Foundation, as should a provision for appeals against a
refusal of access to documents.

(5)

Regulation (EEC) No 1360/90 should therefore be
amended accordingly,

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

HAS ADOPTED THIS REGULATION:

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

Whereas:

Article 1

(1)

(2)

Certain provisions of Council Regulation (EEC) No
1360/90 of 7 May 1990 establishing a European
Training Foundation (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
European Communities (5)
general budget of
(hereinafter
Financial
general
Regulation') and in particular Article 185 thereof.

referred to as

‘the

the

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 (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 the Regulation governing access
to their documents.

(4)

Appropriate provisions should therefore be included in
Regulation (EEC) No 1360/90 to make Regulation (EC)

(1) OJ C 331 E, 31.12.2002, p. 63.
(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 131, 23.5.1990, p. 1. Regulation as

last amended by

Regulation (EC) No 2666/2000 (OJ L 306, 7.12.2000, 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.

Regulation (EEC) No 1360/90 is hereby amended as follows:

1. The following Article shall be inserted:

‘Article 4a

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 Foundation.

to European Parliament, Council

access

for

shall

Board

The Governing

practical
2.
arrangements
implementing Regulation (EC) No
1049/2001 within six months of entry into force of
Council Regulation
amending
Regulation (EEC) 1360/90 of 18 June 2003 establishing a
European Training Foundation (**).

1648/2003

(EC) No

adopt

Decisions

taken by the Foundation pursuant

3.
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 Court of Justice, under the conditions laid down
Articles 195 and 230 of the Treaty respectively.

(*) OJ L 145, 31.5.2001, p. 43.
(**) OJ L 245, 29.9.2003, p. 22.'

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Official Journal of the European Union

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2. Article 5(9) shall be replaced by the following:

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

‘9.
The Governing Board shall adopt the Foundation's
annual report and forward it by 15 June at the latest to the
the Commission, the
the Council,
European Parliament,
European Economic and Social Committee and the Court
of Auditors. The report shall also be forwarded to the
Member States and,
eligible
countries.

information,

to the

for

The Foundation shall

10.
budgetary authority any information relevant
outcome of the evaluation procedures.'

forward annually to the
to the

3. The third indent of Article 7(1) shall be replaced by the

following:

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

the budgetary

any project which may have

The Governing 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
inform the
rental or purchase of buildings.
Commission thereof.

implications for the funding of

its budget,

shall

its

It

‘— for

the preparation of

Foundation's
revenue
execution of its budget'.

the draft estimate of
and
expenditure

and

the
the

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

4. Article 10 shall be replaced by the following:

5. Article 11(2), (3) and (4) shall be replaced by the following:

‘Article 10

Budgetary procedure

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

2.
The estimate shall be forwarded by the Commission
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.

3.
The Commission shall examine the estimate, having
regard to the vocational training priorities in the eligible
financial orientations on
countries and to the overall
economic aid to these countries. On the basis of
the
estimate, the Commission shall enter 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 budget,
which it shall place before the budgetary authority in
accordance with Article 272 of the Treaty.

the overall amount

It shall establish on this basis, and within the proposed
to be made available for
limits of
countries,
economic
annual
the Foundation to be
contribution for
included in the preliminary draft general budget of the
European Union.

eligible
the budget of

aid to the

the

the

officer

accounting

Foundation's

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

that

By 31 March at the latest following each financial
3.
year, the Commission's accounting officer shall forward the
Foundation'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 that financial year
shall also be forwarded to the European Parliament and the
Council.

for that

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

The Governing Board shall deliver an opinion on the

5.
Foundation's final accounts.

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

The

4.
appropriations for the subsidy to the Foundation.

budgetary

authority

shall

authorise

the

7.

The final accounts shall be published.

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The Foundation's Director shall 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 Governing Board.

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

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
the European
applicable
Communities (*)
the
for
Foundation's operation and with the Commission's prior
consent.

general budget of
specifically

required

to the

unless

The European Parliament, on a recommendation
10.
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.'

6. Article 12 shall be replaced by the following:

‘Article 12

Financial Rules

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

L 2, 7.1.2003, p. 39.'

Article 2

The financial rules applicable to the Foundation shall be
adopted by the Governing Board after the Commission has

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