2003/659/JHA: Council Decision 2003/659/JHA of 18 June 2003 amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime
Date: 2003-06-18
Institutions: Council of the European Union
Subjects: Eurojust, financial regulation

L 245/44

EN

Official Journal of the European Union

29.9.2003

(Acts adopted pursuant to Title VI of the Treaty on European Union)

COUNCIL DECISION 2003/659/JHA

of 18 June 2003

amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against
serious crime

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty on European Union, and in
particular Articles 31 and 34(2)(c) thereof,

Article 1

Decision 2002/187/JHA is hereby amended as follows:

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

1. Articles 35, 36 and 37 shall be replaced by the following:

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

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

Whereas:

(1)

(2)

is a body established under

Eurojust
the Treaty on
European Union which actually receives a subsidy
charged to the general budget of the European Union.
Consequently, Eurojust expenditure financed by the
general budget
is managed in accordance with the
Community rules and procedures applicable to the
general budget of the European Union in conformity
with Article 41(4) of the Treaty on European Union.

Under these conditions, certain provisions of Council
Decision 2002/187/JHA of 28 February 2002 setting up
Eurojust with a view to reinforcing the fight against
serious crime (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
(hereinafter
Financial
Regulation') (5).

of
referred to as

European

general

budget

‘the

the

‘Article 35

Drawing up of the budget

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

On the basis of the estimate, the Commission shall
2.
propose in the preliminary draft general budget of
the
European Union the amount of the annual subsidy as well
as the posts of a permanent or temporary nature and
submit
to the budgetary authority in
accordance with Article 272 of the Treaty.

this proposal

The

budgetary

3.
the
authority
appropriations for the subsidy to Eurojust and determine
the posts of a permanent or temporary nature within the
framework of the Staff Regulations of officials and other
Servants of the European Communities.

authorise

shall

shall

adopt

the budget,

Before the beginning of the financial year, the College
4.
the
of Eurojust
including
third
establishment plan referred to in Article 34(1),
sentence, on the basis of the annual subsidy and posts
authorised by the budgetary authority in accordance with
paragraph 3 of this Article, adjusting it to the various
contributions granted to Eurojust and the funds from other
sources.

(3)

Decision 2002/187/JHA should therefore be amended,

(1) OJ C 331 E, 31.12.2002, p. 67.
(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 63, 6.3.2002, p. 1.
(5) OJ L 248, 16.9.2002, p. 1 with Corrigendum in OJ L 25,

30.1.2003, p. 43.

Article 36

Implementation of the budget and discharge

The Administrative Director

1.
shall, as authorising
officer, implement the Eurojust budget. He shall report to
the College on the implementation of the budget.

29.9.2003

EN

Official Journal of the European Union

L 245/45

By 1 March at the latest following each financial year,
2.
the accounting officer of Eurojust 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

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

general

On receipt of the Court of Auditors' observations on
4.
Eurojust's provisional accounts, pursuant to Article 129 of
the
the Administrative
Director shall draw up Eurojust's final accounts under his
own responsibility and submit
them to the College of
Eurojust for an opinion.

Financial Regulation,

The College of Eurojust shall deliver an opinion on

5.
Eurojust's final accounts.

following each financial year,

The Administrative Director shall, by 1 July at the
6.
forward the final
latest
accounts to the European Parliament,
the
Commission and the Court of Auditors, together with the
College of Eurojust's opinion.

the Council,

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
Administrative Director in respect of the implementation
of the budget for year N.

Article 37

Financial regulation applicable to the budget

1.
The financial rules applicable to Eurojust's budget
shall be adopted unanimously by the College after the
Commission has been consulted. They may not depart
Euratom) No
Regulation
from Commission
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 general
budget of the European Communities (*) unless specifically
required
the
Commission's prior consent.

and with

operation

Eurojust's

(EC,

for

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

OJ L 2, 7.1.2003, p. 39.'

2. Article 38(1) shall be replaced by the following:

‘1.
The responsibility for putting in place internal
control systems and procedures suitable for carrying out
his tasks shall lie with the authorising officer.'

7.

The final accounts shall be published.

Article 2

8.
The Administrative 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 College of
Eurojust.

This Decision shall enter into force on the first day of the
month following that of its publication in the Official Journal of
the European Union.

acting under

The Administrative Director,

9.
the
authority of the College of Eurojust and its President, shall
submit to the 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
the general Financial
laid down in Article 146(3) of
Regulation.

Done at Luxembourg, 18 June 2003.

For the Council

The President

G. DRYS