Council Regulation (EC) No 1651/2003 of 18 June 2003 amending Regulation (EEC) No 302/93 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction
Date: 2003-06-18
Institutions: Council of the European Union
Subjects: European Monitoring Centre for Drugs and Drug Addiction, access to EU information, financial regulation

L 245/30

EN

Official Journal of the European Union

29.9.2003

COUNCIL REGULATION (EC) No 1651/2003

of 18 June 2003

amending Regulation (EEC) No 302/93 on the establishment of a European Monitoring Centre for
Drugs and Drug Addiction

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Regulation (EEC) No 302/93 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),

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

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

Whereas:

(1)

(2)

Certain provisions of Council Regulation (EEC) No
302/93 of 8 February 1993 on the establishment of a
for Drugs and Drug
European Monitoring Centre
Addiction (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
Communities
general
Financial
(hereinafter
Regulation') (5), and in particular Article 185 thereof.

of
referred to as

European

general

budget

‘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
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 (EEC) No 302/93 to make Regulation (EC)
No 1049/2001 applicable to the European Monitoring
Centre for Drugs and Drug Addiction, together with a
provision on appeals against a refusal of access to
documents.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 302/93 is hereby amended as follows:

1. The following Article shall be inserted:

‘Article 6a

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 Centre.

to European Parliament, Council

access

2.
The Management Board shall adopt the arrangements
for implementing Regulation (EC) No 1049/2001 within
six months of entry into force of Council Regulation (EC)
No 1651/2003 of 18 June 2003 amending Regulation
(EEC) No 302/93 on the establishment of a European
Monitoring Centre for Drugs and Drugs Addiction (**).

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. 30.'

2. Article 8(5) shall be replaced by the following:

(1) OJ C 331 E, 31.12.2002, p. 71.
(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 36, 12.2.1993, p. 1. Regulation last amended by Council

Regulation (EC) No 2220/2000 (OJ L 253, 7.10.2000, 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.

The Management Board shall adopt

‘5.
the annual
report on the Centre's activities and forward it by 15 June
at the latest to the European Parliament, the Council, the
Commission, the Court of Auditors and the Member States.

6.
The Centre shall forward annually to the budgetary
authority any information relevant to the outcome of the
evaluation procedures.'

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EN

Official Journal of the European Union

L 245/31

3.

In Article 9(1), the fourth indent shall be replaced by the
following:

‘— the preparation of the draft estimate of the Centre's
revenue and expenditure and the implementation of
the budget,'.

4. Article 11 shall be replaced by the following:

‘Article 11

Drawing up of the budget

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 the Centre.

shall be prepared

each financial

The revenue and expenditure shown in the budget

2.
shall be in balance.

The

8.
appropriations for the subsidy to the Centre.

budgetary

authority

shall

authorise

the

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

9.
The budget 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,
10.
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

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.'

3.
The Centre's revenue shall, without prejudice to other
resources, consist of a subsidy from the Community
the European Union
entered in the general budget of
(Commission Section), payments for services rendered and
any financial contributions from the organisations and
bodies
and non-Community countries mentioned in
Articles 12 and 13 respectively.

5. The following Article shall be inserted:

‘Article 11a

Implementation of the budget

4.

The Centre's expenditure shall include:

The Director shall

1.
Centre.

implement

the budget of

the

(a) staff remuneration, administrative and infrastructure

expenses, and operating costs;

(b) expenditure in support of

information
networks which form part of the Reitox network and
expenditure relating to contracts with the specialised
centres.

the national

revenue and expenditure

5.
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, together with the Centre's work programme.

the Centre for

for

6.
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.

7.
On the basis of the estimate, the Commission shall
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.

By 1 March, at the latest, following each financial
2.
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
year. The
that
financial management
financial
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.

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.

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Official Journal of the European Union

29.9.2003

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

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.

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

depart

consulted. They may not

The financial rules applicable to the Centre shall be
11.
adopted by the Management Board after the Commission
has
from
Commission Regulation (EC, Euratom) No 2343/2002 of
19 November 2002 on the framework Financial Regulation
the bodies referred to in Article 185 of Council
for
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.'

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.

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