Council Regulation (EC) No 1653/2003 of 18 June 2003 amending Regulation (EC) No 40/94 on the Community trade mark
Date: 2003-06-18
Institutions: Council of the European Union
Subjects: EU trade mark, European Union Intellectual Property Office, access to EU information, audit, financial control

L 245/36

EN

Official Journal of the European Union

29.9.2003

COUNCIL REGULATION (EC) No 1653/2003

of 18 June 2003

amending Regulation (EC) No 40/94 on the Community trade mark

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),

1049/2001 applicable to the Office for Harmonization
in the Internal Market, as should a provision relating to
appeals against a refusal of access to documents.

(6)

Regulation (EC) No 40/94 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:

Regulation (EC) No 40/94 is hereby amended as follows:

1.

the following Article shall be inserted:

(1) With the entry into force of Council Regulation (EC,
Euratom) No 1605/02 of 25 June 2002 on the Financial
Regulation applicable to the general budget of
the
European Communities (4), the concept of centralised ex
ante financial control was replaced by more modern
control and audit systems.

‘Article 118a

Access to documents

(2)

(3)

The Office for Harmonization in the Internal Market
should have control and audit systems comparable with
those of the Community institutions.

The general principles and limits governing right of
access to the 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 (5).

the European Parliament and of

Parliament,

Council

and

(4) 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.

(5)

Appropriate provisions should therefore be included in
Regulation (EC) No 40/94 of 20 December 1994 on the
Community trade mark (6) to make Regulation (EC) No

Regulation (EC) No 1049/2001 of

the European
1.
Parliament and of the Council of 30 May 2001 regarding
access to European Parliament, Council and Commission
documents (*) shall apply to documents held by the Office.

for

The Administrative Board shall adopt the practical
2.
arrangements
implementing Regulation (EC) No
1049/2001 within six months of entry into force of
Regulation (EC) No 1653/2003 of 18 June 2003 amending
Regulation (EC) No 40/94 on the Community trade
mark (**).

3.
Decisions taken by the Office 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. 36.';

2. Article 136 shall be replaced by the following:

(1) OJ C 331 E, 31.12.2002, p. 75.
(2) Opinion delivered on 27.3.2003 (not yet published in the Official

‘Article 136

Journal).

(3) OJ C 285, 21.11.2002, p. 4.
(4) OJ L 248, 16.9.2002, p. 1, with Corrigendum in OJ L 25,

Audit and control

30.1.2003, p. 43.

(5) OJ L 145, 31.5.2001, p. 43.
(6) OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Council

Regulation (EC) No 3288/94 (OJ L 349, 31.12.1994, p. 83).

1.
An internal audit function shall be set up within the
Office, to be performed in compliance with the relevant
international standards. The internal auditor, appointed by

29.9.2003

EN

Official Journal of the European Union

L 245/37

the President, shall be responsible to him for verifying the
proper operation of budget implementation systems and
procedures of the Office.

The

internal
responsibility for putting in place
3.
control systems and procedures suitable for carrying out
his tasks shall lie with the authorising officer.'

2.
The internal auditor shall advise the President on
dealing with risks, by issuing independent opinions on the
quality of management and control systems and by issuing
recommendations
of
improving
implementation of operations
and promoting sound
financial management.

conditions

the

for

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