Regulation (EC) No 1643/2003 of the European Parliament and of the Council of 22 July 2003 amending Regulation (EC) No 1592/2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency
Date: 2003-07-22
Institutions: Council of the European Union, European Parliament
Subjects: EU office or agency, access to EU information, air safety, civil aviation, financial regulation

29.9.2003

EN

Official Journal of the European Union

L 245/7

REGULATION (EC) No 1643/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 22 July 2003

amending Regulation (EC) No 1592/2002 on common rules in the field of civil aviation and
establishing a European Aviation Safety Agency

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 80(2) thereof,

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

Having regard to the opinion of the Court of Auditors (2),

Having regard to the opinion of the European Economic and
Social Committee (3),

(3) When Regulation (EC) No 1049/2001 was adopted, the
three institutions agreed in a joint declaration that the
agencies and similar bodies should have rules which
conform to those of that Regulation.

(4)

Appropriate provisions should therefore be included in
Regulation (EC) No 1592/2002 to make Regulation (EC)
No 1049/2001 applicable to the European Aviation
Safety Agency, as should a provision on appeals against
a refusal of access to documents.

(5)

Regulation (EC) No 1592/2002 should therefore be
amended accordingly,

Acting in accordance with the procedure referred to in Article
251 of the Treaty (4),

HAVE ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

(2)

Certain provisions of Regulation (EC) No 1592/2002 of
the European Parliament and of the Council of 15 July
2002 on common rules in the field of civil aviation and
establishing a European Aviation Safety Agency (5)
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 (6) (hereinafter referred to as
the general Financial Regulation), and in particular
Article 185 thereof.

The general principles and limits governing the exercise
of the right of access to documents provided for in
the Treaty have been laid down by
Article 255 of
the European
Regulation (EC) No 1049/2001 of
Parliament and of
the Council of 30 May 2001
regarding public access to European Parliament, Council
and Commission documents (7).

(1) OJ C 331 E, 31.12.2002, p. 85.
(2) OJ C 285, 21.11.2002, p. 4.
(3) OJ C 85, 8.4.2003, p. 64.
(4) Opinion of the European Parliament of 22 October 2002 (not yet
published in the Official Journal), Common position adopted by the
Council on 3 June 2003 (not yet published in the Official Journal)
and Decision of the European Parliament of 1 July 2003.

(5) OJ L 240, 7.9.2002, p. 1.
(6) OJ L 248, 16.9.2002, p. 1; corrigendum in OJ L 25, 30.1.2003,

p. 43.

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

Regulation (EEC) No 1592/2002 is hereby amended as follows:

1. Article 24(2)(b) shall be replaced by the following:

‘(b) The Management Board shall adopt the annual report
on the Agency'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.

The Agency shall forward annually to the budgetary
authority any information relevant to the outcome of
the evaluation procedures;'

2.

in Article 47:

(a) paragraph 1 shall be replaced by the following:

Regulation (EC) No 1049/2001 of the European
‘1.
the Council of 30 May 2001
Parliament and of
regarding access to European Parliament, Council and
Commission documents (*) shall apply to documents
held by the Agency.

(*) OJ L 145, 31.5.2001, p. 43.';

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EN

Official Journal of the European Union

29.9.2003

(b) paragraph 3 shall be replaced by the following:

shall

adopt

Board

The Management

‘3.
the
arrangements for implementing Regulation (EC) No
1049/2001 within six months after the entry into force
the European
of Regulation (EC) No 1643/2003 of
Parliament and of
the Council of 22 July 2003
amending Regulation (EC) No 1592/2002 of 15 July
2002 on common rules in the field of civil aviation
Safety
and
Agency (**).

European Aviation

establishing

a

(**) OJ L 245, 29.9.2003, p. 7.'

(c)

the following paragraph shall be added:

Decisions

taken by the Agency pursuant

‘5.
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 Articles 195 and 230 of the EC Treaty
respectively.';

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

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.

as

The Management Board shall,

10.
soon as
possible, notify the budgetary authority of its intention
to implement any project which may have significant
financial implications for the funding of the budget, in
particular any projects relating to property such as the
inform the
rental or purchase of buildings.
Commission thereof.

It shall

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.

in Article 48:

(a) paragraphs 3, 4, 5, 6 and 7 shall be replaced by the

following:

‘3.

Revenue and expenditure shall be in balance.

4. Article 49 shall be replaced by the following:

‘Article 49

Implementation and control of the budget

statement of

Each year the Management Board, on the basis of
4.
a draft
and
expenditure, shall produce a statement of estimates of
revenue and expenditure of
the
following financial year.

the Agency for

estimates of

revenue

5.
This statement of estimates, which shall include a
draft establishment plan together with the provisional
work programme, shall by 31 March at the latest be
the
the Management
forwarded
Commission and to the States with which the
Community has concluded agreements in accordance
with Article 55.

Board

by

to

6.
The statement of estimates shall be forwarded by
the Commission to the European Parliament and the
Council
the budgetary
authority) together with the preliminary draft general
budget of the European Union.

referred to as

(hereinafter

7.
On the basis of the statement of estimates, the
Commission shall enter in the preliminary draft general
budget of the 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.';

(b) the following paragraphs shall be added:

The Executive Director shall implement the budget of

1.
the Agency.

2.
By 1 March at the latest following each financial year,
the Agency'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
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

By 31 March at the latest following each financial
3.
year, the Commission's accounting officer shall forward the
Agency's provisional accounts to the Court of Auditors,
together with a report on the budgetary and financial
financial year. The report on the
management
budgetary and financial management for the financial year
shall also be forwarded to the European Parliament and the
Council.

for that

4.
On receipt of the Court of Auditors' observations on
the Agency's provisional accounts, under Article 129 of
the general Financial Regulation,
the Executive Director
shall draw up the Agency's final accounts under his own
responsibility and submit them to the Management Board
for an opinion.

The budgetary authority shall authorise

‘8.
appropriations for the subsidy to the Agency.

the

The Management Board shall deliver an opinion on

5.
the Agency's final accounts.

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Official Journal of the European Union

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The Executive Director shall, by 1 July at the latest
6.
following 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.

The Executive Director

send the Court of
8.
Auditors a reply to its observations by 30 September at the
latest. He shall also send this reply to the Management
Board.

shall

at

The Executive Director shall submit to the European
9.
information
Parliament,
necessary for
the discharge
the smooth application of
procedure for the financial year in question, as laid down
in Article 146(3) of the general Financial Regulation.

request,

latter's

any

the

5. Article 52 shall be replaced by the following:

‘Article 52

Financial provisions

been

depart

consulted. They may not

The financial
rules applicable to the Agency shall be
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
for
the bodies referred to in Article 185 of Council
Regulation (EC, Euratom) No 1605/2002 on the Financial
the
Regulation applicable
is
European Communities (*) unless
specifically required for the Agency's operation and the
Commission has given its prior consent.

to the general budget of
such departure

(*) OJ L 357, 31.12.2002, p. 72; 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
Executive 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 Brussels, 22 July 2003.

For the European Parliament

The President

P. COX

For the Council

The President

G. ALEMANNO