Proposal for a Regulation of the European Parliament and of the Council on the establishment of the European Environment Agency and the European Environment Information and Observation Network (Codified version)
Date: 2007-10-31
Institutions: European Commission
Subjects: European Environment Agency, codification of EU law, environmental monitoring, information network, operation of the Institutions, powers of the institutions (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 31.10.2007 
COM(2007) 667 final 

2007/0235 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the establishment of the European Environment Agency and the European 
Environment Information and Observation Network 

(Codified version) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1 April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2 stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20 December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European 
Environment  Agency  and  the  European  environment  information  and  observation 
network3. The new Regulation will supersede the various acts incorporated in it4; this 
proposal  fully  preserves  the  content  of  the  acts  being  codified  and  hence  does  no 
more than bring them together with only such formal amendments as are required by 
the codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex II to this proposal. 

1. 

2. 

3. 

4. 

1 
2 
3 

4 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Regulation  (EEC)  No 1210/90  and  the  instruments 
amending  it,  carried  out  by  the  Office  for  Official  Publications  of  the  European 
Communities, by means of a data-processing system. Where the Articles have been 
given new numbers, the correlation between the old and the new numbers is shown 
in a table set out in Annex III to the codified Regulation. 

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(cid:208) 1210/90 (adapted) 

2007/0235 (COD) 

Proposal for a 

REGULATION (EC) No …/... OF THE EUROPEAN PARLIAMENT AND OF 
THE COUNCIL 

of […] 

on the establishment of the European Environment Agency and the European 
Environment Information and Observation Network 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article ⌦ 175 ⌫ thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Economic and Social Committee1, 

Having regard to the opinion of the Committee of the Regions2, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty3, 

Whereas: 

(1) 

Council  Regulation  (EEC)  No 1210/90  of  7 May  1990  on  the  establishment  of  the 
European  Environment  Agency  and  the  European  Environment  Information  and 
Observation Network4 has been substantially amended several times5. In the interests 
of clarity and rationality the said Regulation should be codified. 

(cid:208)  

1 
2 
3 
4 

5 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ  L  120,  11.5.1990,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1641/2003  of  the 
European Parliament and of the Council (OJ L 245, 29.9.2003, p. 1). 
See Annex II. 

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(2) 

The Treaty provides for the development and implementation of a Community policy 
on the environment, and lays down the objectives and principles which should govern 
such policy. 

(cid:208) 1210/90 Recital 1 

(3) 

Environmental  protection  requirements  are  to  be  a  component  of  the  Community's 
other policies. 

(cid:208) 1210/90 Recital 2 

(4) 

According  to  Article ⌦ 174 ⌫  of  the  Treaty,  in  preparing  its  action  relating  to  the 
environment  the  Community  is  to  take  account,  inter  alia,  of  the  available  scientific 
and technical data. 

(cid:208) 1210/90 Recital 3 (adapted) 

(cid:208) 1210/90 Recital 5 

(5) 

Collection,  processing  and  analysis  of  environmental  data  at  European  level  are 
necessary  in  order  to  provide  objective,  reliable  and  comparable  information  which 
will  enable  the  Community  and  the  Member  States  to  take  the  requisite  measures  to 
protect the environment, to assess the results of such measures and to ensure that the 
public is properly informed about the state of the environment. 

(6) 

There already exist in the Community and the Member States facilities providing such 
information and services. 

(cid:208) 1210/90 Recital 6 

(7) 

They  should  form  the  basis  for  ⌦ the ⌫  European  Environment  Information  and 
Observation  Network⌦ to  be ⌫  coordinated  at  Community  level  by  ⌦ the ⌫ 
European Environment Agency. 

(cid:208) 1210/90 Recital 7 (adapted) 

(8) 

The  general  principles  and  limits  governing  the  exercise  of  the  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  European  Parliament  and  of  the  Council 

(cid:208) 1641/2003 recital 2 

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of 30 May  2001  regarding  public  access  to  European  Parliament,  Council  and 
Commission documents6. 

(9) 

The  Agency  should  cooperate  with  existing  structures  at  Community  level  to  enable 
the  Commission  to  ensure  full  application  of  Community  legislation  on  the 
environment. 

(cid:208) 1210/90 Recital 8 

(10)  The status and structure of the Agency should correspond to the objective character of 
the  results  it  is  intended  to  produce  and  allow  it  to  carry  out  its  functions  in  close 
cooperation with the existing national and international facilities. 

(cid:208) 1210/90 Recital 9 

(11)  The Agency should be granted legal autonomy while maintaining close links with the 

Community institutions and the Member States. 

(cid:208) 1210/90 Recital 10 

(12) 

It is desirable to provide for the Agency to be open to other countries which share the 
concern  of  the  Community  and  the  Member  States  for  the  objectives  of  the  Agency 
under agreements to be concluded between them and the Community, 

(cid:208) 1210/90 Recital 11 

HAVE ADOPTED THIS REGULATION: 

(cid:208) 1210/90 

Article 1 

1. This Regulation establishes the European Environment Agency, hereinafter referred to as 
“the  Agency”,  and  aims  at  the  setting-up  of  a  European  environment  information  and 
observation network. 

2. To achieve the aims of environmental protection and improvement laid down by the Treaty 
and  by  successive  Community  action  programmes  on  the  environment,  as  well  as  of 

(cid:208) 933/1999 Art.1 pt. 1 (adapted) 

6 

OJ L 145, 31.5.2001, p. 43. 

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sustainable development, the objective ⌦ of  the Agency and of the European Environment 
Information  and  Observation  Network ⌫  shall  be  to  provide  the  Community  and  the 
Member States with: 

(a) 

objective,  reliable  and  comparable  information  at  European  level  enabling  them  to 
take the requisite measures to protect the environment, to assess the results of such 
measures  and  to  ensure  that  the  public  is  properly  informed  about  the  state  of  the 
environment ⌦ , and ⌫ to that end, 

(cid:208) 1210/90 (adapted) 

(b) 

the necessary technical and scientific support. 

For the purposes of achieving the objective set out in Article 1, the tasks of the Agency shall 
be: 

Article 2 

(a) 

(b) 

(c) 

(d) 

(e) 

to  establish,  in  cooperation  with  the  Member  States,  and  coordinate  the  network 
referred  to  in  Article 4;  in  this  context,  the  Agency  shall  be  responsible  for  the 
collection,  processing  and  analysis  of  data,  in  particular  in  the  fields  referred  to  in 
Article 3;; 

(cid:208) 933/1999 Art.1 pt. 2(a) 

to  provide  the  Community  and  the  Member  States  with  the  objective  information 
necessary for framing and implementing sound and effective environmental policies; 
to that end, in particular to provide the Commission with the information that it needs 
to be able to carry out successfully its tasks of identifying, preparing and evaluating 
measures and legislation in the field of the environment; 

to assist  the monitoring of environmental measures through appropriate support for 
reporting  requirements  (including  through  involvement  in  the  development  of 
questionnaires, the processing of reports from Member States and the distribution of 
results),  in  accordance  with  its  multiannual  work-programme  and  with  the  aim  of 
coordinating reporting; 

to advise individual Member States, upon their request and where this is consistent 
with the Agency's annual work-programme, on the development, establishment and 
expansion of their systems for the monitoring of environmental measures, provided 
such  activities  do  not  endanger  the  fulfilment  of  the  other  tasks  established  by  this 
Article; such advice may also include peer reviews by experts at the specific request 
of Member States; 

to record, collate and assess data on the state of the environment, to draw up expert 
reports  on  the  quality,  sensitivity  and  pressures  on  the  environment  within  the 
territory of the Community, to provide uniform assessment criteria for environmental 
data to be applied in all Member States, to develop further and maintain a reference 

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centre of information on the environment; the Commission shall use this information 
in  its  task  of  ensuring  the  implementation  of  Community  legislation  on  the 
environment; 

to  help  ensure  that  environmental  data  at  European  level  are  comparable  and,  if 
necessary, to encourage by appropriate means improved harmonisation of methods of 
measurement; 

(cid:208) 1210/90 

the 

to  promote 
into 
incorporation  of  European  environmental 
international  environment  monitoring  programmes  such  as  those  established  by  the 
United Nations and its specialised agencies; 

information 

(f) 

(g) 

(h) 

to publish a report on the state of, trends in and prospects for the environment every 
five years, supplemented by indicator reports focusing upon specific issues; 

(cid:208) 933/1999 Art.1 pt. 2(a) 

(cid:208) 1210/90 

(i) 

(j) 

(k) 

to  stimulate 
techniques so that adequate preventive measures can be taken in good time; 

the  development  and  application  of  environmental  forecasting 

to  stimulate  the  development  of  methods  of  assessing  the  cost  of  damage  to  the 
environment  and  the  costs  of  environmental  preventive,  protection  and  restoration 
policies; 

to  stimulate  the  exchange  of  information  on  the  best  technologies  available  for 
preventing or reducing damage to the environment; 

(l) 

to cooperate with the bodies and programmes referred to in Article 15; 

(cid:208) 933/1999 Art.1 pt. 2(b) 

(m) 

(n) 

(o) 

to  ensure  the  broad  dissemination  of  reliable  and  comparable  environmental 
information, in particular on the state of the environment, to the general public and, 
to this end, to promote the use of new telematics technology for this purpose; 

to  support  the  Commission  in  the  process  of  exchange  of  information  on  the 
development of Environmental Assessment Methodologies and best practice; 

to  assist  the  Commission  in  the  diffusion  of  information  on  the  results  of  relevant 
environmental research and in a form which can best assist policy development. 

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(cid:208) 1210/90 

Article 3 

1. The principal areas of activity of the Agency shall, as far as possible, include all elements 
enabling it to gather the information making it possible to describe the present and foreseeable 
state of the environment from the following points of view: 

(a) 

(b) 

(c) 

the quality of the environment; 

the pressures on the environment; 

the sensitivity of the environment; 

(cid:208) 1210/90 (adapted) 
(cid:206)1 933/1999 Art.1 pt. 3(a) 

(cid:206)1 including placing these in the context of sustainable development.  

2. The Agency shall furnish information which can be directly used in the implementation of 
Community environmental policy. 

Priority ⌦ shall ⌫ be given to the following areas of work: 

(cid:208) 1210/90 

air quality and atmospheric emissions; 

water quality, pollutants and water resources; 

the state of the soil, of the fauna and flora, and of biotopes; 

land use and natural resources; 

waste management; 

noise emissions; 

chemical substances which are hazardous for the environment; 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

coastal and marine protection. 

(cid:208) 933/1999 Art.1 pt. 3(b) 

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In particular, transfrontier, plurinational and global phenomena shall be covered. 

The socioeconomic dimension shall also be taken into account. 

(cid:208) 1210/90 

(cid:208) 933/1999 Art.1 pt. 3(c) 
(adapted) 

3.  The  Agency  may  also  cooperate  in  the  exchange  of  information  with  other  bodies, 
including  with  the  ⌦ European  Network  for  the  Implementation  and  Enforcement  of 
Environmental Law ⌫ (IMPEL network). 

In its activities the Agency shall avoid duplicating the existing activities of other institutions 
and bodies. 

(cid:208) 1210/90 

Article 4 

1. The network shall comprise: 

(a) 

(b) 

(c) 

the main component elements of the national information networks; 

the national focal points; 

the topic centres. 

(cid:208) 933/1999 Art.1 pt. 4(a) and 
1210/90 Art. 4(2), 
first subparagraph (adapted) 

2. Member States shall keep the Agency informed of the main component elements of their 
national environment information networks ⌦ , especially in the priority areas referred to in 
Article 3(2), including any institution which in their judgement could contribute to the work 
of  the  Agency,  taking  into  account  the  need  to  ensure  the  fullest  possible  geographical 
coverage of their territory. ⌫ 

Member States shall, as appropriate, cooperate with the Agency and contribute to the work of 
the  European  Environment  Information  and  Observation  Network  in  accordance  with  the 
work programme of the Agency by collecting, collating and analysing data nationwide. 

Member States may also join to cooperate in these activities at a transnational level. 

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(cid:208) 1210/90 

3.  Member  States  may  in  particular  designate  from  among  the  institutions  referred  to  in 
paragraph 2  or  other  organisations  established  in  their  territory  a  ‘national  focal  point’  for 
coordinating and/or transmitting the information to be supplied at national level to the Agency 
and  to  the  institutions  or  bodies  forming  part  of  the  network  including  the  topic  centres 
referred to in paragraph 4. 

(cid:208) 1210/90 (adapted) 

4. Member States may also identify the institutions or other organisations established in their 
territory which could be specifically entrusted with the task of cooperating with the Agency as 
regards certain topics of particular interest. 

An  institution  thus  identified  should  be  in  a  position  to  conclude  an  agreement  with  the 
Agency to act as a topic centre of the network for specific tasks. 

These centres shall cooperate with other institutions which form part of the network. 

5. The topic centres shall be designated by the management board as defined in Article 8(1), 
for a period not exceeding the duration of each multiannual work programme as referred to in 
Article 8(4). Each designation may, however, be renewed. 

(cid:208) 933/1999 Art.1 pt. 4(c) 

(cid:208) 1210/90 

6. The allocation of specific tasks to the topic centres shall appear in the Agency's multiannual 
work programme mentioned in Article 8(4). 

7. In the light in particular of the multiannual work programme, the Agency shall periodically 
re-examine  the  component  elements  of  the  network  as  referred  to  in  paragraph 2  and  shall 
make such changes as may be decided on by the management board,  taking account of any 
new designations made by the Member States. 

Article 5 

The  Agency  may  agree  with  the  institutions  or  bodies  which  form  part  of  the  network,  as 
referred  to  in  Article 4,  upon  the  necessary  arrangements,  in  particular  contracts,  for 
successfully carrying out the tasks which it may entrust to them. 

A  Member  State  may  provide,  as  regards  the  national  institutions  or  organisations  in  its 
territory,  that  such  arrangements  with  the  Agency  shall  be  made  in  agreement  with  the 
national focal point. 

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(cid:208) 1641/2003 (adapted) 

Article 6 

1. Regulation (EC) No 1049/2001 shall apply to documents held by the Agency. 

2.  Decisions  taken  by  the  Agency  pursuant  to  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. 

(cid:208) 1641/2003 

(cid:208) 1210/90 

Article 7 

The  Agency  shall  have  legal  personality.  It  shall  enjoy  in  all  the  Member  States  the  most 
extensive legal capacity accorded to legal persons under their laws. 

Article 8 

1.  The  Agency  shall  have  a  management  board  consisting  of  one  representative  of  each 
Member  State  and  two  representatives  of  the  Commission.  In  addition,  there  may  be  one 
representative of each other country which participates in the Agency, in accordance with the 
relevant provisions. 

(cid:208) 933/1999 Art.1 pt. 5(a) 

(cid:208) 1210/90 

In addition, the European Parliament shall designate, as members of the management board, 
two scientific personalities particularly qualified in the field of environmental protection, who 
shall  be  chosen  on  the  basis  of  the  personal  contribution  they  are  likely  to  make  to  the 
Agency's work. 

Each member of the management board may be represented by an alternate member. 

2.  The  management  board  shall  elect  its  chairman  from  among  its  members  for  a  period  of 
three  years  and  shall  adopt  its  rules  of  procedure.  Each  member  of  the  management  board 
shall have a vote. 

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The  management  board  shall  elect  a  bureau  to  which  it  may  delegate  executive  decisions, 
according to the rules that it shall adopt. 

(cid:208) 933/1999 Art.1 pt. 5(b) 

(cid:208) 933/1999 Art.1 pt. 5(c) 

3. Decisions of the management board shall require for their adoption a two-thirds majority of 
the members of the board. 

4.  The  management  board  shall  adopt  a  multiannual  work-programme  based  on  the  priority 
areas referred to in Article 3(2), using as its basis a draft submitted by the Executive Director 
referred to in Article 9, after consulting the scientific committee, referred to in Article 10, and 
receiving  the  Commission's  opinion.  The  multiannual  work-programme  shall,  without 
prejudice  to  the  annual  Community  budgetary  procedure,  include  a  multiannual  budget 
estimate. 

5.  Under  the  multiannual  programme,  the  management  board  shall  each  year  adopt  the 
Agency's work programme on the basis of a draft submitted by the Executive Director after 
consulting the scientific committee and receiving the Commission's opinion. The programme 
may be adjusted in the course of the year by the same procedure. 

(cid:208) 1210/90 

(cid:208) 1641/2003 

6.  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. 

7. The Agency shall  forward annually to the budgetary authority all information relevant to 
the outcome of the evaluation procedures. 

(cid:208) 1210/90 

Article 9 

1. The Agency shall be headed by an Executive Director appointed by the management board 
on a proposal from the Commission for a period of five years, which shall be renewable. 

The Executive Director shall be the legal representative of the Agency. 

The Executive Director shall be responsible: 

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(a) 

(b) 

(c) 

(d) 

for  the  proper  preparation  and  execution  of  the  decisions  and  programmes  adopted 
by the management board; 

for the day-to-day administration of the Agency; 

for the performance of the tasks defined in Articles 12 and 13; 

for the preparation and publication of the reports specified in Article 2 (h); 

(e) 

for  all  staff  matters,  for  the  performance  of  the  tasks  referred  to  in  Article 8(4) 
and (5). 

(cid:208) 933/1999 Art.1 pt. 6(a) 

He  shall  obtain  the  opinion  of  the  scientific  committee,  referred  to  in  Article 10,  for  the 
purposes of recruitment of the Agency's scientific staff. 

2. The Executive Director shall be accountable to the management board for his activities. 

(cid:208) 1210/90 

Article 10 

1.  The  management  board  and  the  Executive  Director  shall  be  assisted  by  a  scientific 
committee which shall deliver an opinion where provided for in this Regulation and on any 
scientific  matter  concerning  the  Agency's  activity  which  the  management  board  or  the 
Executive Director may submit to it. 

The opinions of the scientific committee shall be published. 

(cid:208) 933/1999 Art.1 pt. 7 

2. The scientific committee shall be made up of members particularly qualified in the field of 
the  environment,  designated  by  the  management  board  for  a  term  of  four  years  renewable 
once, taking into account, inter alia, the scientific areas which need to be represented in the 
committee in order to assist the Agency in its areas of activity. It shall function as determined 
by the rules of procedure provided for in Article 8(2). 

(cid:208) 1210/90 

Article 11 

1. Estimates shall be drawn up of all the Agency's revenue and expenditure for each financial 
year, which shall correspond to the calendar year, and shall be entered in the Agency's budget. 

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2. The revenue and expenditure shown in the budget shall be in balance. 

3. The revenue of the Agency shall, without prejudice to other resources, consist of a subsidy 
from  the  Community  entered  in  the  general  budget  of  the  European  Communities  and  of 
payments for services rendered. 

4. The expenditure of the Agency shall include, inter alia, staff remuneration, administrative 
and  infrastructure  expenses,  operating  costs  and  expenditure  relating  to  contracts  concluded 
with institutions or bodies forming part of the network and with third parties. 

(cid:208) 1641/2003 

Article 12 

1.  Each  year  the  Management  Board,  on  the  basis  of  a  draft  drawn  up  by  the  Executive 
Director, shall produce a statement of estimates of revenue and expenditure of the Agency for 
the  following  financial  year.  This  statement  of  estimates,  which  shall  include  a  draft 
establishment  plan,  shall  be  forwarded  by  the  Management  Board  to  the  Commission 
by 31 March at the latest. 

2.  The  statement  of  estimates  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 Communities. 

3. On the basis of the statement of estimates, the Commission shall enter in the preliminary 
draft  general  budget  of  the  European  Communities  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. 

4. The budgetary authority shall authorise the appropriations for the subsidy to the Agency. 

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

5.  The  budget  shall  be  adopted  by  the  Management  Board.  It  shall  become  final  following 
final adoption of the general budget of the European Communities. Where appropriate, it shall 
be adjusted accordingly. 

6.  The  Management  Board  shall,  as  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  rental  or 
purchase of buildings. It shall inform the Commission thereof. 

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 after the date 
of notification of the project. 

1. The Executive Director shall implement the budget of the Agency. 

Article 13 

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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 officer together 
with  a  report  on  the  budgetary  and  financial  management  for  that  financial  year.  The 
Commission's accounting officer shall consolidate the provisional accounts of the institutions 
and decentralised bodies in accordance with Article 128 of Council Regulation (EC, Euratom) 
No 1605/20027. 

3.  By  31 March  at  the  latest  following  each  financial  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 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. 

4.  On  receipt  of  the  Court  of  Auditors'  observations  on  the  Agency's  provisional  accounts 
under  Article 129  of  Regulation  (EC,  Euratom)  No  1605/2002,  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. 

5. The Management Board shall deliver an opinion on the Agency's final accounts. 

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

8.  The  Executive  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. 

9. The Executive Director shall submit to the European Parliament, at the latter's request, all 
information necessary for the smooth application of the discharge procedure for the financial 
year in question, as laid down in Article 146(3) of Regulation (EC, Euratom) No 1605/2002. 

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. 

(cid:208) 1641/2003 (adapted) 

Article 14 

The financial rules applicable to the Agency shall be adopted by the Management Board after 
the Commission has been consulted. They may not depart from Commission Regulation (EC, 
Euratom)  No 2343/20028  unless  such  departure  is  specifically  required  for  the  Agency's 
operation and the Commission has given its prior consent. 

7 
8 

OJ L 248, 16.9.2002, p. 1. 
OJ L 357, 31.12.2002, p. 72. 

EN 

16 

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(cid:208) 1210/90 (adapted) 

Article 15 

1.  The  Agency  shall  actively  seek  the  cooperation  of  other  Community  bodies  and 
programmes, and notably the Joint Research Centre, the Statistical Office ⌦ of the European 
Communities  (Eurostat) ⌫  and  the  Community's  environmental  research  and  development 
programmes. In particular: 

(a) 

(b) 

cooperation with the Joint Research Centre shall include the tasks set out in Annex I 
under A; 

coordination  with  Eurostat  and  the  statistical  programme  of  the  European 
Communities ⌦ shall ⌫ follow the guidelines outlined in Annex I under B. 

(cid:208) 1210/90 

2.  The  Agency  shall  also  cooperate  actively  with  other  bodies  such  as  the  European  Space 
Agency, the Organisation for Economic Cooperation and Development (OECD), the Council 
of  Europe  and  the  International  Energy  Agency  as  well  as  the  United  Nations  and  its 
specialised  agencies,  particularly  the  United  Nations  Environment  Programme,  the  World 
Meteorological Organization and the International Atomic Energy Authority. 

3. The Agency may cooperate in areas of common interest with those institutions in countries 
which are not members of the Community which can provide data, information and expertise, 
methodologies  of  data  collection,  analysis  and  assessment  which  are  of  mutual  interest  and 
which are necessary for the successful completion of the Agency's work. 

(cid:208) 933/1999 Art.1 pt. 8(a) 

4. The cooperation referred to in paragraphs 1, 2 and 3 must in particular take account of the 
need to avoid any duplication of effort. 

(cid:208) 933/1999 Art.1 pt. 8(b) 

(cid:208) 1210/90 

Article 16 

The Protocol on the Privileges and Immunities of the European Communities shall apply to 
the Agency. 

EN 

17 

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Article 17 

The staff of the Agency shall be subject to the Regulations and Rules applicable to officials 
and other servants of the European Communities. 

The  Agency  shall  exercise  in  respect  of  its  staff  the  powers  devolved  to  the  Appointing 
Authority. 

The  management  board  shall,  in  agreement  with  the  Commission,  adopt  the  appropriate 
implementing rules. 

Article 18 

1.  The  contractual  liability  of  the  Agency  shall  be  governed  by  the  law  applicable  to  the 
contract in question. The Court of Justice shall have jurisdiction to give judgment pursuant to 
an arbitration clause contained in a contract concluded by the Agency. 

2.  In  the  case  of  non-contractual  liability,  the  Agency  shall,  in  accordance  with  the  general 
principles common to the laws of the Member States, make good any damage caused by the 
Agency or its servants in the performance of their duties. 

The Court of Justice shall have jurisdiction in disputes relating to compensation for any such 
damage. 

3. The personal liability of servants towards the Agency shall be governed by the provisions 
applying to the staff of the Agency. 

Article 19 

The Agency is open to countries which are not members of the Community but which share 
the concern of the Community and the Member States for the objectives of the Agency under 
agreements  concluded  between  them  and  the  Community  following  the  procedure  in 
Article 300 of the Treaty. 

(cid:208)  

Article 20 

Regulation (EEC) No 1210/90 is repealed. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex III. 

EN 

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(cid:208) 1210/90 (adapted) 

Article 21 

(cid:208)  

This Regulation shall enter into force on the twentieth day 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, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

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(cid:208) 1210/90 Annex (adapted) 

ANNEX I 

A. 

COOPERATION WITH THE JOINT RESEARCH CENTRE 

– 

– 

– 

– 

– 

Harmonisation of environmental measurement methods1. 

Intercalibration of instruments1. 

Standardisation of data formats. 

Development of new environmental measurement methods and instruments. 

Other  tasks  as  agreed  between  the  Executive  Director  of  the  Agency  and  the 
Director-General of the Joint Research Centre. 

B. 

COOPERATION WITH EUROSTAT 

1. 

2. 

3. 

(cid:208) 933/1999 Art.1 pt. 10 (adapted) 

The Agency ⌦ shall ⌫ use, as far as possible, information collected via the 
official Community statistical services. That results from the work of Eurostat 
and the national statistical services in collecting, validating and disseminating 
social  and  economic  statistics,  including  national  accounts  and  related 
information. 

(cid:208) 1210/90 (adapted) 

The  statistical  programme  in  the  field  of  the  environment  ⌦ shall ⌫  be 
agreed between the Executive Director of the Agency and the Director-General 
of  Eurostat  and  ⌦ shall ⌫  be  submitted  for  approval  to  the  management 
board of the Agency and the Statistical Programme Committee. 

The  statistical  programme  shall  be  conceived  and  implemented  within  the 
framework  established  by  the  international  statistical  bodies,  such  as  the  UN 
the  Conference  of  European  Statisticians  and 
Statistical  Commission, 
the OECD. 

____________ 

1 

Cooperation  in  these  areas  shall  also  take  account  of  the  work  carried  out  by  the  ⌦ Institute  for 
Reference Materials and Measurements. ⌫ 

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(cid:207)  

ANNEX II 

Repealed Regulation with list of its successive amendments 

Council Regulation (EEC) No 1210/90 

(OJ L 120, 11.5.1990, p. 1) 

Council Regulation (EC) No 933/1999 

(OJ L 117, 5.5.1999, p. 1) 

Regulation (EC) No 1641/2003 of 
the European Parliament and of the Council 

(OJ L 245, 29.9.2003, p. 1) 

_____________ 

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ANNEX III 

CORRELATION TABLE 

Regulation (EEC) No 1210/90 

This Regulation 

Article 1(1) 

Article 1(1) 

Article 1(2), introductory phrase 

Article 1(2), introductory phrase 

Article 1(2), first indent 

Article 1(2), second indent 

Article 1(2)(a) 

Article 1(2)(b) 

Article 2, introductory phrase 

Article 2, introductory phrase 

Article 2(i) 

Article 2(ii) first indent 

Article 2(ii) second indent 

Article 2(ii) third indent 

Article 2(iii) 

Article 2(iv) 

Article 2(v) 

Article 2(vi) 

Article 2(vii) 

Article 2(viii) 

Article 2(ix) 

Article 2(x) 

Article 2(xi) 

Article 2(xii) 

Article 2(xiii) 

Article 2(a) 

Article 2(b) 

Article 2(c) 

Article 2(d) 

Article 2(e) 

Article 2(f) 

Article 2(g) 

Article 2(h) 

Article 2(i) 

Article 2(j) 

Article 2(k) 

Article 2(l) 

Article 2(m) 

Article 2(n) 

Article 2(o) 

Article 3(1), introductory words 

Article 3(1), introductory words 

Article 3(1)(i) 

Article 3(1)(ii) 

Article 3(1)(a) 

Article 3(1)(b) 

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Article 3(1)(iii) 

Article 3(1)(c) 

Article 3(1), final wording 

Article 3(1), final wording 

Article 3(2), first subparagraph 

Article 3(2), first subparagraph 

Article 3(2), second subparagraph, 
introductory words 

Article 3(2), second subparagraph, 
introductory words 

Article 3(2), second subparagraph, 
first indent 

Article 3(2), second subparagraph, 
second indent 

Article 3(2), second subparagraph, 
third indent 

Article 3(2), second subparagraph, 
fourth indent 

Article 3(2), second subparagraph, 
fifth indent 

Article 3(2), second subparagraph, 
sixth indent 

Article 3(2), second subparagraph, 
seventh indent 

Article 3(2), second subparagraph, 
eighth indent 

Article 3(2), second subparagraph, (a) 

Article 3(2), second subparagraph, (b) 

Article 3(2), second subparagraph, (c) 

Article 3(2), second subparagraph, (d) 

Article 3(2), second subparagraph, (e) 

Article 3(2), second subparagraph, (f) 

Article 3(2), second subparagraph, (g) 

Article 3(2), second subparagraph, (h) 

Article 3(2), third subparagraph 

Article 3(2), third subparagraph 

Article 3(2), fourth subparagraph 

Article 3(2), fourth subparagraph 

Article 3(3) 

Article 3(3) 

Article 4(1), introductory words 

Article 4(1), introductory words 

Article 4(1), first indent 

Article 4(1), second indent 

Article 4(1), third indent 

Article 4(1)(a) 

Article 4(1)(b) 

Article 4(1)(c) 

Article 4(2), first subparagraph, from “to” 
to “networks” 

– 

Article 4(2), first subparagraph, from 
“especially” to “territory” 

Article 4(2), first subparagraph, final wording 

EN 

23 

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Article 4(2), second subparagraph 

Article 4(3) 

Article 4(4) 

Article 4(2), first, second and 
third subparagraphs 

Article 4(3) 

Article 4(4), first, second and 
third subparagraphs 

Article 4(5), first subparagraph 

– 

Article 4(5), second subparagraph 

Article 4(5) 

Article 4(6) and (7) 

Article 4(6) and (7) 

Article 5 

Article 6(1) 

Article 6(2) 

Article 6(3) 

Articles 7 and 8 

Article 5, first and second subparagraphs 

Article 6(1) 

– 

Article 6(2) 

Articles 7 and 8 

Article 9(1), first subparagraph, first sentence  Article 9(1), first subparagraph 

Article 9(1), first subparagraph, second 
sentence 

Article 9(1), second subparagraph 

Article 9(1), first subparagraph, 
introductory wording 

Article 9(1), third subparagraph, 
introductory wording 

Article 9(1), first subparagraph, first indent 

Article 9(1), third subparagraph, point (a) 

Article 9(1), first subparagraph, second indent  Article 9(1), third subparagraph, point (b) 

Article 9(1), first subparagraph, third indent 

Article 9(1), third subparagraph point, (c) 

Article 9(1), first subparagraph, fourth indent  Article 9(1), third subparagraph, point (d) 

Article 9(1), first subparagraph, fifth indent 

Article 9(1), third subparagraph, point (e) 

Article 9(1), second subparagraph 

Article 9(1), fourth subparagraph 

Article 9(2) 

Article 10 

Article 11 

Article 12 

Article 9(2) 

Article 10 

Article 11 

Article 12 

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Article 13 

Article 14 

Article 13 

Article 14 

Article 15(1), introductory wording 

Article 15(1), introductory wording 

Article 15(1), first indent 

Article 15(1), second indent 

Article 15(2) 

Article 15(2a) 

Article 15(3) 

Article 16 

Article 17 

Article 18 

Article 19 

Article 20 

– 

Article 21 

Annex 

– 

– 

Article 15(1)(a) 

Article 15(1)(b) 

Article 15(2) 

Article 15(3) 

Article 15(4) 

Article 16 

Article 17 

Article 18 

Article 19 

– 

Article 20 

Article 21 

Annex I 

Annex II 

Annex III 

_____________ 

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