Council Regulation (EC) No 1652/2003 of 18 June 2003 amending Regulation (EC) No 1035/97 establishing a European Monitoring Centre on Racism and Xenophobia
Date: 2003-06-18
Institutions: Council of the European Union
Subjects: European Union Agency for Fundamental Rights, access to EU information, financial regulation

29.9.2003

EN

Official Journal of the European Union

L 245/33

COUNCIL REGULATION (EC) No 1652/2003

of 18 June 2003

amending Regulation (EC) No 1035/97 establishing a European Monitoring Centre on Racism and
Xenophobia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 284 and 308 thereof,

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

No 1049/2001 applicable to the European Monitoring
Centre on Racism and Xenophobia and a provision on
appeals against a refusal of access to documents.

(5)

Regulation (EC) No 1035/97 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),

Article 1

Whereas:

(1)

(2)

Certain provisions of Council Regulation (EC) No
1035/97 of 2 June 1997 establishing a European
Monitoring Centre on Racism and Xenophobia (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
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 that Regulation.

(4)

Appropriate provisions should therefore be included in
Regulation (EC) No 1035/97 to make Regulation (EC)

(1) OJ C 331 E, 31.12.2002, p. 73.
(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 151, 10.6.1997, 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 (EC) No 1035/97 is hereby amended as follows:

1. Article 2(2) point (g) shall be replaced by the following:

‘(g) publish an annual report on the situation regarding
racism and xenophobia
also
highlighting examples of good practice, and an annual
report on the Centre's own activities;'.

in the Community,

2. The following Article shall be inserted:

‘Article 5a

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 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 1652/2003 of 18 June 2003
amending Regulation (EC) No 1035/97 establishing a
European Monitoring
Racism and
Xenophobia (**).

Centre

on

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 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. 33.'

L 245/34

EN

Official Journal of the European Union

29.9.2003

3. Article 8 shall be amended as follows:

(a)

in paragraph 3:

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

‘(b) adopt the two annual reports referred to in
Article 2(2)(g) and its conclusions and opinions
and forward them to the European Parliament,
the European
the Commission,
the Council,
and Social Committee
Economic
and the
Committee of
shall ensure
the Regions;
publication of the annual reports referred to in
Article 2(2)(g);
report on the
the annual
Centre's activities shall be forwarded by 15 June
at the latest to the European Parliament, the
Council,
of
Auditors, the European Economic and Social
Committee and the Committee of the Regions.';

the Commission,

the Court

it

(ii) point (e) shall be deleted;

(b) the following paragraph 5 shall be inserted:

The Centre

‘5.
forward annually to the
budgetary authority any information relevant to the
outcome of the evaluation procedures.'

shall

4. Article 12 shall be replaced by the following:

‘Article 12

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 of

2.
the Centre shall be in balance.

revenue and expenditure

Each year the Management Board, on the basis of a
5.
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.

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 budget of 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.

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.

The budget of the Centre shall be adopted by the
9.
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

its 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.'

The revenue of the Centre shall, without prejudice to

3.
other resources, comprise:

5. The following Article shall be inserted:

(a) a subsidy from the Community, entered in the general
budget of the European Union (Commission section);

(b) payments received for services rendered;

(c) any financial contributions
referred to in Article 7;

from the organisations

(d) any voluntary contribution from the Member States.

administrative

the Centre shall

The expenditure of

include staff
4.
remuneration,
costs,
operating expenses and expenses resulting from contracts
entered into with the institutions and bodies belonging to
the Raxen network or with third parties.

and infrastructure

‘Article 12a

Implementation of the budget

The Director shall

1.
Centre.

implement

the budget of

the

By 1 March at the latest following each financial year,
2.
shall communicate the
the Centre's accounting officer
to the Commission's accounting
provisional accounts
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

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Official Journal of the European Union

L 245/35

By 31 March at the latest following each financial
3.
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 for that financial year. The report on the
budgetary and financial management for that financial year
shall also be forwarded to the European Parliament and the
Council.

On receipt of the Court of Auditors' observations on
4.
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 forward 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
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.

shall

submit

The Director

European
9.
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.

been

depart

consulted. They may not

11.
The financial rules applicable to the Centre shall be
adopted by the Management Board after the Commission
from
has
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
the
Regulation applicable
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.'

7.

The final accounts shall be published.

Article 2

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.

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