Council Regulation (EC) No 1649/2003 of 18 June 2003 amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for the Improvement of Living and Working Conditions and repealing Regulation (EEC) No 1417/76
Date: 2003-06-18
Institutions: Council of the European Union
Subjects: Eurofound, access to EU information, financial regulation

29.9.2003

EN

Official Journal of the European Union

L 245/25

COUNCIL REGULATION (EC) No 1649/2003

of 18 June 2003

amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for the
Improvement of Living and Working Conditions and repealing Regulation (EEC) No 1417/76

THE COUNCIL OF THE EUROPEAN UNION,

(2)

Having regard to the Treaty establishing the European
Community, and in particular Article 308 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 (8).

the European Parliament and of

Parliament,

Council

and

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

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

(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.

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

(4)

Whereas:

Appropriate provisions should therefore be included in
Regulation (EC) No 1365/75 to make Regulation (EC)
No 1049/2001 applicable to the European Foundation
for the Improvement of Living and Working Conditions,
as should a provision on appeals against a refusal of
access to documents.

(1)

the

adopt

general

Certain provisions of Council Regulation (EEC) No
1365/75 of 26 May 1975 on the creation of a European
Foundation for the Improvement of Living and Working
Conditions (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
the European Communities (5),
general budget of
Financial
to as
referred
(hereinafter
Regulation), and in particular Article 185 thereof.
Pursuant to that Article, the European Foundation for
the Improvement of Living and Working Conditions
must
conformity with
rules
Commission Regulation (EC, Euratom) No 2343/2002
of 23 December 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 to the general budget of
the European Communities (6). Consequently, Council
Regulation (EEC) No 1417/76 of 1 June 1976 on the
financial
European
applying
Foundation for the Improvement of Living and Working
Conditions (7) must be repealed with effect from the
entry into force of the financial rules adopted by the
Administrative Board of the said Foundation.

provisions

financial

the

to

in

(1) OJ C 331 E, 31.12.2002, p. 65.
(2) Opinion delivered on 27 March 2003 (not yet published in the

Official Journal).

(3) OJ C 285, 21.11.2002, p. 4.
(4) OJ L 139, 30.5.1975, p. 1. Regulation as last amended by the 1994

Act of Accession.

(5) OJ L 248, 16.9.2002, p. 1 with Corrigendum in OJ L 25,

30.1.2003, p. 43.

(6) OJ L 357, 31.12.2002, p. 72 with Corrigendum in OJ L 2,

7.1.2003, p. 39.

(5)

Regulation (EEC) No 1365/75 should therefore be
amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1365/75 is hereby amended as follows:

1. Articles 13, 14, 15 and 16 shall be replaced by the

following:

‘Article 13

The Administrative Board shall adopt

1.
the annual
report on the Foundation's activities and prospects, and
forward it by 15 June at
to the European
the Commission, the European
Parliament,
Economic
and the Court of
Auditors.

the Council,
and Social Committee

the latest

The

Foundation shall

2.
budgetary authority any information relevant
outcome of the evaluation procedures.

forward annually to the
to the

(7) OJ L 164, 24.6.1976, p. 16. Regulation as last amended by

Regulation (EC) No 1949/93 (OJ L 181, 23.7.1993, p. 26).

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

L 245/26

EN

Official Journal of the European Union

29.9.2003

Article 14

1.
Estimates of all the revenue and expenditure of the
Foundation shall be prepared for each financial year,
corresponding to the calendar year, and shall be shown in
include an
the budget of
establishment plan.

the Foundation, which shall

The revenue and expenditure shown in the budget of

2.
the Foundation shall be in balance.

Article 15

Each year the Administrative Board, on the basis of a
1.
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
Administrative 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.

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 Foundation.

budgetary

authority

shall

authorise

the

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

The budget of the Foundation shall be adopted by the
5.
Administrative 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 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

from Commission framework Financial 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 to the
the European Communities (*) unless
general budget of
specifically required for the Foundation's operation and
with the Commission's prior consent.

The Director shall

2.
Foundation.

implement

the budget of

the

By 1 March at the latest following each financial year,
3.
the Foundation'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

4.
By 31 March at the latest following each financial
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
management
financial year. The report on the
budgetary and financial management for the financial year
shall also be forwarded to the European Parliament and the
Council.

for that

5.
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 submit
them to the Administrative
Board for an opinion.

The Administrative Board shall deliver an opinion on

6.
the Foundation's final accounts.

The Director shall, by 1 July at the latest following
7.
each financial year,
forward these final accounts to the
European Parliament, the Council, the Commission and the
Court of Auditors, together with the Administrative Board's
opinion.

8.

The final accounts shall be published.

Where a branch of the budgetary 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.

9.
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.

Article 16

The financial rules applicable to the Foundation shall
1.
the
adopted by the Administrative Board after
be
Commission has been consulted. They may not depart

shall

submit

The Director

10.
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.

to the

29.9.2003

EN

Official Journal of the European Union

L 245/27

The European Parliament, on a recommendation
11.
from the Council acting by a qualified majority, shall,
before 30 April of year N + 2, give a discharge to the
Director
the
implementation of the budget for year N.

Foundation

respect

the

of

of

in

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

L 2, 7.1.2003.';

2. The following Article 1 shall be inserted:

‘Article 18a

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

The Administrative Board shall

adopt practical
2.
arrangements
implementing Regulation (EC) No
1049/2001 within six months of entry into force of
Council Regulation (EC) No 1649/2003 of 18 June 2003
amending Regulation (EEC) No 1365/75 on the creation of
a European Foundation for the improvement of living and

working conditions and repealing Regulation (EEC) No
1417/76 (**).

3.
Decisions taken by the Foundation under 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 of the European Communities, 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. 25.'

Article 2

Regulation (EEC) No 1417/76 shall be repealed with effect from
the date of the entry into force of the financial rules adopted
by the Administrative Board pursuant
to Article 16(1) of
Regulation (EEC) No 1365/75.

Article 3

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