Proposal for a COUNCIL REGULATION on electronic publication of the Official Journal of the European Union
Date: 2011-04-04
Institutions: European Commission
Subjects: EU Official Journal, EU publication, budget, computer systems, exchange of information, expenditure, management audit

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EUROPEAN COMMISSION 

Brussels, 4.4.2011 
COM(2011) 162 final 

2011/0070 (APP) 

Proposal for a 

COUNCIL REGULATION 

on electronic publication of the Official Journal of the European Union  

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

General context 

The Official Journal of the European Union ensures official publication of the legislation and 
other acts of the European Union. It has been published on paper since 1958 and, since 1998, 
it has also been available on the Internet. In recent years, an increasing number of people have 
been  consulting  the  Official  Journal  of  the  European  Union  on  the  Internet  because  it  is 
convenient  and  quick,  while  the  number  of  subscriptions  for  the  printed  edition  has  been 
declining.  However,  as  the  printed  edition  is  currently  considered  to  be  the  only  valid  and 
legally binding publication, for the time being legal rights cannot be claimed and obligations 
cannot  be  enforced  based  on  the  electronic  version  of  the  Official  Journal  of  the  European 
Union.  

This  was  clearly  stated  by  the  Court  of  Justice  of  the  European  Union  in  the  Skoma-Lux 
case1. According to the Court, ‘... making the legislation available by such means (n.n. on the 
Internet) does not equate to a valid publication in the Official Journal of the European Union 
in the absence of any rules in that regard in Community law’.  

1.2. 

Existing provisions in the area of the proposal 

Article 297 of the Treaty on the Functioning of the European Union provides that legislative 
acts  and  non-legislative  acts  adopted  in  the  form  of  regulations  or  directives,  which  are 
addressed to all Member States, or in the form  of  decisions,  which do not specify to whom 
they  are  addressed,  are  to  be  published  in  the  Official  Journal  of  the  European  Union. 
Legislative  acts  adopted  under  the  ordinary  legislative  procedure  must  be  signed  by  the 
President of the European Parliament and by the President of the Council, while the other acts 
must be signed by the President(s) of the institution(s) which adopted them. These acts enter 
into  force  on  the  day  stipulated  in  their  text  or  on  the  twentieth  day  following  that  of  their 
publication.  

Decision 2009/496/EC, Euratom2 sets out in more detail the way in which institutions fulfil 
their  obligations  to  publish  legislative  texts.  An  interinstitutional  office  –  the  Publications 
Office – is entrusted with the publication of the Official Journal of the European Union and 
guarantees its authenticity.  

1.3. 

Objectives of the proposal 

The  proposal  aims  at  broadening  access  to  European  Union  law  and  enabling  everyone  (be 
they professionals in law or members of the general public) to rely on the electronic edition of 
the  Official  Journal  of  the  European  Union  as  being  official  and  authentic.  Should  the 
electronic  publication  of  the  Official  Journal  of  the  European  Union  be  acknowledged  as 

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Judgment of 11 December 2007 in Case C-161/06, Skoma-Lux sro v Celní ředitelství Olomouc (ECR 
2007, p. I-10841). 
Decision 2009/496/EC, Euratom of the European Parliament, the Council, the Commission, the Court 
of Justice, the Court of Auditors, the European Economic and Social Committee and the Committee of 
the Regions on the organisation and operation of the Publications Office of the European Union (OJ L 
168, 30.6.2009, p. 41). 

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valid  publication,  all  European  Union  citizens  could  have  virtually  simultaneous  access  to 
European Union law, immediately after publication and in a more economical manner since 
consultation  of  the  electronic  publication  would  be  free  of  charge.  Also,  access  for  people 
living  in  geographically  less  accessible  regions  in  Europe  would  also  be  facilitated. 
Furthermore, enhanced access is supported by the objectives of the ‘EUROPE 2020 strategy 
for smart, sustainable and inclusive growth’3 that aims at ensuring broadband access for all by 
2013.  

The proposal also aims to enhance legal certainty compared to the current situation where the 
online  publication  serves  for  information  purposes  only,  as  rights  could  be  enjoyed  and 
obligations  enforced  based  on  their  publication  in  the  authentic  electronic  version  of  the 
Official Journal of the European Union.  

1.4. 

Consistency with other policies and objectives of the Union 

The proposal is fully in line with the policies of the Union and in particular with the flagship 
initiative  ‘A  Digital  Agenda  for  Europe’4  presented  in  the  context  of  the  EUROPE  2020 
strategy for smart, sustainable and inclusive growth. The Digital Agenda aims at maximising 
the economic and social benefits of information technologies and highlights the role of public 
authorities in promoting the digital market. Within this context, access to online legal content 
stimulates  the  development  of  the  digital  single  market  since  the  public  sector  information 
thus made available would lead to the setting-up of innovative online services.  

The proposal is also consistent with the objectives of the European eGovernment Action Plan 
2011-20155,  according  to  which  Member  States  and  the  Commission  should  provide  online 
access to information on government laws and regulations, policies and finances.  

2. 

RESULTS  OF  INFORMAL  CONSULTATIONS  WITH  THE  INTERESTED 
PARTIES AND IMPACT ASSESSMENTS 

2.1. 

Consultation of the interested parties 

European  institutions  and  bodies  are  represented  in  the  Management  Committee  of  the 
Publications  Office,  which  is  responsible  for  overseeing  the  strategic  development  of  the 
Publications  Office’s  activity.  Within  this  forum,  the  interested  institutions  and  bodies  have 
considered  the  matter  and  expressed  their  support  for  establishing  an  authentic  electronic 
edition of the Official Journal of the European Union.  

Member  States  have  also  been  consulted  on  the  question  of  legally  valid  electronic 
publication  of  the  Official  Journal  of  the  European  Union  through  the  Council’s  e-Law 
Working  Party.  The  Secretariat  General  of  the  Commission  transmitted  a  non-paper  to  the 
Council on 30 July 2010 which was discussed at two meetings of the e-Law Working Party on 
21  September  and  26  October  2010.  The  Member  States’  comments  showed  strong  support 
for a legally valid electronic publication6, but were more divided with regard to the continued 
legal value of the paper version; observations were made regarding: 

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COM(2010) 2020 final; 3.3.2010. 
COM(2010) 245 final/2; 26.8.2010. 
COM(2010) 743; 15.12. 2010. 
Conclusions of the e-Law Working Party meeting of 26 October 2010. 

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•  Opting  for  exclusively  electronic  publication  of  the  Official  Journal  of  the  European 
Union,  possibly  preceded  by  a  transitional  period  of  parallel  publishing  on  paper  and  in 
electronic form;  

•  The cost of printing the Official Journal of the European Union, in the event of opting for 

parallel dissemination through printed and electronic editions; 

•  The  risk  of  discrepancies  between  the  printed  and  electronic  editions  and  the  need  to 

establish clear rules on handling inconsistencies or on the prevailing version; 

•  The  limited  role  the  printed  edition  may  play  in  disseminating  EU  legislation  to  people 

who would not have the means to access the electronic edition.  

In  preparing  this  proposal  the  Commission  has  taken  into  consideration  all  the  comments 
expressed.  Initially,  parallel  publication  on  paper  and  in  electronic  form,  which  would  have 
equal legal force, was preferred, since it was considered to secure the broadest possible access 
to  EU  law  for  European  citizens.  However,  the  practical  experience  of  the  Member  States 
suggested that the benefits would be marginal and would not offset the increased complexity. 
It  was  also  pointed  out  that  people  living  in  geographically  less  accessible  areas  experience 
difficulties  or  delays  in  getting  a  printed  edition  and  that  their  access  to  EU  law  would  be 
facilitated by an authentic electronic edition .  

The proposal for a Regulation provides that the Official Journal of the European Union is to 
be  published  in  an  electronic  form  that  produces  legal  effects.  An  electronic  publication  is 
consistent with the target set by the Europe 2020 Strategy and the flagship initiative A Digital 
Agenda for Europe, according to which broadband access should be ensured for all by 2013. 
The proposed system balances the concerns for both accessibility and simplicity:  

•  On the one hand, the valid electronic publication allows for broader dissemination than the 
printed edition. During the last few years, there has been an observable drop in the number 
of subscriptions for the Official Journal of the European Union, while Internet usage in the 
European Union has been expanding - according to Eurostat, 70% of households in 2010 
and  94%  of  enterprises  in  2009  had  access  to  Internet.  Furthermore,  consultation  of  the 
electronic edition of the Official Journal of the European Union would be free of charge 
and  would  compare  favourably  with  the  printed  publication,  for  which  printing  and 
shipping costs had to be levied from the public. Nonetheless, a safeguard is provided for 
people  with  disabilities  who  can  access  the  Official  Journal  of  the  European  Union  in  a 
specific  electronic  format  and  for  persons  who  cannot,  for  any  other  reason,  access  the 
electronic publication, as it will always be possible to obtain a paper version ‘on demand’ 
but without legal value (i.e. for information purposes only) either through the Publications 
Office or as a print-out from the Internet.  

•  On  the  other  hand,  the  system  is  simpler  since  potentially  complex  rules  on  handling 
discrepancies  between  equally  authentic  printed  and  electronic  editions  are  no  longer 
required.  

2.2. 

Assessment of the likely impact of the proposal  

An  analysis  has  been  conducted  by  the  Commission  to  assess  three  options  with  regard  to 
publication of the Official Journal of the European Union:  

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•  Option  1:  Maintaining  the  status  quo,  where  only  the  paper  version  constitutes 
valid  publication  and  the  online  version  of  the  Official  Journal  of  the  European 
Union serves for information purposes only; 

•  Option  2:  exclusive  online  publication  of  the  Official  Journal  of  the  European 

Union; 

•  Option  3:  simultaneous  publication  on  paper  and  online  that  would  have  equal 

legal value and effectiveness. 

Providing for the legal value of the electronic edition will have significant benefits, as:  

•  access to EU legislation is broadened, made easier and immediate;  

•  access to the electronic edition is free of charge and possible at any time; 

•  such  electronic  publication  would  be  in  line  with  the  Digital  Agenda  priorities  agreed 
among the EU institutions and would stimulate an increase in take-up of online services.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1.  Main provisions of the proposal 

The  proposal  provides  that  electronic  publication  would  equate  to  valid  publication  of  the 
Official Journal of the European Union. However, the printed edition would suffice to ensure 
the  legal  effects  of  publication  in  technically-driven  exceptional  and  temporary  cases  of 
unforeseen  disruption  of  electronic  publication  (e.g.  cyber-attacks,  unforeseen  equipment 
malfunctions)  that  last  for  more  than  one  day.  The  edition  of  the  Official  Journal  of  the 
European Union printed in such circumstances is to be published in electronic form as soon as 
the technical system is restored. The printed edition is to provide the date of publication, but 
the subsequent electronic edition would prevail in case of differences.  

The  proposal  also  deals  with  the  technical  requirements  whereby  electronic  publication 
equates to valid publication and establishes the competences of the Publications Office in this 
area.  

3.2. 

Legal basis 

Article 352 of the Treaty on the Functioning of the European Union.  

3.3. 

Proportionality principle 

The  proposal’s  scope  is  limited  to  electronic  publication  of  the  Official  Journal  of  the 
European Union and the technical conditions under which it can equate to valid publication.  

3.4. 

Choice of instruments 

A  Regulation  is  the  only  appropriate  instrument  as  it  is  directly  applicable  in  all  Member 
States.  European  citizens  should  have  equal  access  to  EU  law  and  therefore  access  to  the 
electronic  edition  of  the  Official  Journal  of  the  European  Union  should  be  ensured  in  the 
same manner and under the same conditions for all European citizens.  

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4. 

BUDGETARY IMPLICATIONS 

Providing  for  legally  valid  publication  of  the  Official  Journal  of  the  European  Union  in 
electronic form has no budgetary implication.  

However,  the  technical  infrastructure  supporting  electronic  publication  requires  IT-related 
investments. Under the administrative autonomy, expenditure of EUR 38 000 was incurred in 
2009  for  setting  up  and  testing  the  technical  system  prior  to  the  publication  of  the  Official 
Journal  of  the  European  Union  in  electronic  form  as  authentic.  Further  development 
investments and the maintenance and system-running costs are to be borne by all institutions 
since the obligation to publish legislative texts rests with them. The method for calculation of 
the repartition key is based on the number of OJ L and C pages produced for each institution 
in year n-2. The key for 2011 has been set up on the basis of the 2009 figures:  

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European Commission: 47.64%; 

Council of the European Union: 21.96%; 

European Parliament: 21.94%; 

Economic and Social Committee: 3.29%; 

Court of Justice of the European Union: 3.17%; 

Court of Auditors: 1.25%; 

Committee of the Regions: 0.75%.  

Budgetary provisions to be made in line with this repartition key.  

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2011/0070 (APP) 

Proposal for a 

COUNCIL REGULATION 

on electronic publication of the Official Journal of the European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 352 
thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament7,  

Acting in accordance with a special legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Article  297  of  the  Treaty  deals  with  the  publication  in  the  Official  Journal  of  the  European 
Union and entry into force of the legal acts of the Union. 

The printed edition of the Official Journal of the European Union, in all official languages of 
the Union, is at present the only legally binding publication, although it is also made available 
online. 

Decision 2009/496/EC, Euratom of the European Parliament, the Council, the Commission, the 
Court of Justice, the Court of Auditors, the European Economic and Social Committee and the 
Committee of the Regions of 26 June 2009 on the organisation and operation of the Publications 
Office  of  the  European  Union8  ensures  that  the  Publications  Office  enables  the  institutions  to 
fulfil their obligations to publish legislative texts. 

It follows from the judgment of the Court of Justice of the European Union in Case C-161/06 
Skoma-Lux sro v Celni etc9, that legal acts of the Union are not enforceable against individuals 
if they have not been properly published in the Official Journal of the European Union and that 
making such acts available on the Internet does not equate to valid publication in the Official 
Journal of the European Union in the absence of any rules in that regard in Union law. 

(5) 

If  publication  in  the  Official  Journal  of  the  European  Union  in  electronic  form  were  to 
constitute valid publication, faster and more economical access to Union law would be possible. 

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OJ C […], […], p. […]. 
OJ L 168, 30.06.2009, p. 41. 
ECR 2007, p. I-10841. 

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(6) 

(7) 

(8) 

(9) 

(10) 

The  Commission  Communication  on  A  Digital  Agenda  for  Europe10  highlights  that  access  to 
online  legal  content  favours  the  development  of  a  digital  internal  market,  which  leads  to 
economic and social benefits. 

Rules ensuring the authenticity, integrity and inalterability of the electronic publication of the 
Official Journal of the European Union should therefore be laid down.  

Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a 
Community  framework  for  electronic  signatures11  establishes  the  legal  effects  of  electronic 
signatures as a means for authentication. For the purposes of ensuring the integrity, authenticity 
and  inalterability  of  the  electronic  edition  of  the  Official  Journal  of  the  European  Union,  an 
advanced electronic signature based on a qualified certificate and created by a secure-signature-
creation device in accordance with that Directive provides sufficient guarantees to the public.  

Access  to  the  EUR-Lex  web  site is  to  be  ensured  with  respect  to the  commitments  for  the 
protection of persons with disabilities in accordance with Council Decision 2010/48/EC of 26 
November 2009 concerning the conclusion, by the European Community, of the United Nations 
Convention on the Rights of Persons with Disabilities12.  

In  accordance  with  the  principle  of  proportionality,  as  set  out  in  Article  5  of  the  Treaty  on 
European Union, this Regulation does not go beyond what is necessary in order to achieve the 
objective of enabling all European citizens to rely on the electronic publication of the Official 
Journal of the European Union, as its scope is limited to making such publication authentic, in 
the same way as the printed publication is today. 

(11)  The Treaty does not provide, for the adoption of this Regulation, powers other than those under 

Article 352, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The  Official  Journal  of  the  European  Union  shall  be  published  in  electronic  form,  in  the 
official languages of the Union, in accordance with this Regulation. 

The  Official  Journal  of  the  European  Union  published  in  electronic  form,  hereinafter  the 
electronic edition of the Official Journal, shall be authentic and shall produce legal effects.  

Article 2 

The electronic edition of the Official Journal shall bear an advanced electronic signature based 
on  a  qualified  certificate  and  created  with  a  secure-signature-creation  device,  in  accordance 
with Directive 1999/93/EC. The qualified certificate and renewals thereof shall be published 
on  the  EUR-Lex  web  site  in  order  to  make  it  possible  for  the  public  to  verify  the  advanced 

COM/2010/245 final/2. 
OJ L 13, 19.1.2000, p. 12. 
OJ L 23, 27.1.2010, p. 35. 

1. 

2. 

1. 

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2. 

3. 

4. 

1. 

2. 

1. 

2. 

3. 

electronic  signature  and  the  authentic  character  of  the  electronic  edition  of  the  Official 
Journal.  

The  electronic  edition  of  the  Official  Journal  shall  display  information  regarding  its 
publication date.  

The  electronic  edition  of  the  Official  Journal  shall  be  made  available  to  the  public  on  the 
EUR-Lex web site for an unlimited period. No charge shall be made for its consultation. 

The EUR-Lex web site shall be accessible to all users. The Official Journal of the European 
Union shall also be accessible to persons with disabilities in an alternative electronic format 
which  shall  not  produce  legal  effects.  The  alternative  version  shall  be  also  available  in 
archives. 

Article 3 

The  Publications  Office  may  continue  to  print  the  Official  Journal  of  the  European  Union. 
Printed copies shall not be authentic and shall not produce legal effects, without prejudice to 
Article 4(2).  

A fee amounting to the printing and shipping costs shall be charged for printed copies of the 
Official Journal of the European Union.  

Article 4 

Where  the  electronic  edition  of  the  Official  Journal  is  inaccessible  due  to  unforeseen  and 
exceptional  disruption  of  the  information  system  in  the  Publications  Office,  access  thereto 
shall be restored as soon as possible.  

If  access  cannot  be  restored  within  one  working  day,  the  Official  Journal  of  the  European 
Union  shall  be  published  in  a  printed  edition  which  shall  produce  legal  effects.  The 
corresponding  electronic  edition  of  the  Official  Journal  shall  be  published  as  soon  as  the 
information system is restored.  

The  date  of  publication  of  legal  acts  published  in  accordance  with  paragraph  2  shall  be  the 
date  of  publication  of  the  printed  edition.  In  case  of  discrepancies  between  the  electronic 
edition of the Official Journal and the printed edition published in accordance with paragraph 
2, the former shall prevail.  

Article 5 

1. 

With regard to the electronic edition of the Official Journal, the Publications Office shall have 
competence for:  

(a) 

publishing  the  electronic  edition  of  the  Official  Journal  and  guaranteeing  its 
authenticity;  

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(b) 

(c) 

(d) 

(e) 

implementing,  managing  and  maintaining  the  information  system  producing  the 
electronic edition, and upgrading that system in line with future technical developments;  

implementing  and  extending  the  technical  facilities  to  ensure  the  accessibility  for  all 
users of the electronic edition of the Official Journal; 

setting  up  internal  security  and  access  rules  with  regard  to  the  information  system 
producing the electronic edition of the Official Journal; 

preserving  and  archiving  the  electronic  files  and  handling  them  in  line  with  future 
technological developments.  

2. 

The Publications Office shall exercise the competences set out in paragraph 1 in accordance 
with Decision 2009/496/EC, Euratom. 

This Regulation shall enter into force on 1 January 2012. 

Article 6 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at […], 

For the Council 
The President 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1.  Title of the proposal/initiative  

1.2.  Policy area(s) concerned in the ABM/ABB structure 

1.3.  Nature of the proposal/initiative  

1.4.  Objective(s)  

1.5.  Grounds for the proposal/initiative  

1.6.  Duration and financial impact  

1.7.  Management method(s) envisaged  

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

2.2.  Management and control system  

2.3.  Measures to prevent fraud and irregularities  

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

3.2.  Estimated impact on expenditure  

3.2.1. Summary of estimated impact on expenditure  

3.2.2. Estimated impact on operational appropriations  

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party participation in financing  

3.3.  Estimated impact on revenue

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative  

Proposal  for  a  Council  Regulation  on  electronic  publication  of  the  Official  Journal  of  the 
European Union 

1.2. 

Policy area(s) concerned in the ABM/ABB structure  

Not  applicable,  as  the  proposal  concerns  the  administrative  expenditure  of  the  Commission 
and of the other institutions that need to publish their adopted acts in the Official Journal of 
the European Union.  

1.3. 

Nature of the proposal/initiative  

Not applicable.  

1.4. 

Objectives 

1.4.1.  The European Union's multiannual strategic objective(s) targeted by the proposal/initiative  

The proposal contributes to the objective of developing the single market for online content as 
provided for by the flagship initiative ‘A Digital Agenda for Europe’, presented in the context 
of the EUROPE 2020 Strategy for smart, sustainable and inclusive growth.  

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned  

Specific objective 

To  promote  publications  and  online  information  services  to  citizens,  businesses  and  target 
audiences (law professions). 

ABM/ABB activity(ies) concerned 

Not applicable.  

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1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

The  proposal  targets  the  EU  citizens  and  businesses  that  should  benefit  by  having  free, 
immediate and simplified access to the authentic publication of European Union legislation. 

1.4.4. 

Indicators of results and impact  

Specify the indicators for monitoring implementation of the proposal/initiative. 

The result indicators to be monitored during the implementation of the proposal are:  

- number of 'hits' to the legally valid electronic edition of the Official Journal of the European 
Union; 

- number of orders for printed editions as compared to the number of subscriptions when the 
electronic publication had no legal value; 

- number of complaints made to the Publications Office related to difficulties in accessing the 
legally  valid  electronic  edition  of  the  Official  Journal  of  the  European  Union  for  reasons 
related to the information system in the Publications Office.  

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term  

The proposal aims to enhance legal certainty by making it possible for rights and obligations 
under  European  Union  law  to  be  claimed  or  enforced  based  on  publication  in  the  authentic 
electronic edition of the Official Journal of the European Union. Access to the legally valid 
electronic publication should be secured at the time of the entry into force of the proposal.  

1.5.2.  Added value of EU involvement 

Since the proposal concerns the form of publication of European Union law, it is only at the 
European  Union  level  that  appropriate  action  could  be  taken.  Furthermore,  the  choice  of 
instrument  reflects  the  need  to  ensure  equal  conditions  of  access  for  all  European  Union 
citizens.  

1.5.3.  Lessons learned from similar experiences in the past 

Previously, the Official Journal of the European Union has been published in electronic form 
for  information  purposes  only.  A  subsequent  growing  trend  towards  consultation  of  its 
electronic edition is in keeping with the main thrust of the proposal.  

1.5.4.  Coherence and possible synergy with other relevant instruments 

Not applicable. 

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1.6. 

Duration and financial impact  

(cid:133) Proposal/initiative of limited duration  

x Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from YYYY to YYYY, 

–  followed by full-scale operation. 

1.7.  Management mode(s) envisaged  

x  Centralised  direct  management  by  the  Publications  Office  on  behalf  of  the  Institutions 
represented in the PO's management committee, see §2.1. 

(cid:133) Centralised indirect management with the delegation of implementation tasks  

(cid:133) Shared management with the Member States  

(cid:133) Decentralised management with third countries  

(cid:133) Joint management with international organisations  

Comments  

Not applicable 

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2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

It  is  proposed  that  the  Publications  Office  would  attend  to  the  electronic  publication  of  the 
Official Journal of the European Union in accordance with Decision 2009/496/EC, Euratom, 
and,  consequently,  with  respect  to  the  monitoring  and  reporting  rules  provided  by  that 
Decision.  

2.2.  Management and control system  

2.2.1.  Risk(s) identified  

There is a risk of technical disruption occurring in the Publications Office' information system. 
Its impact may consist in rendering the electronic edition inaccessible. In such cases, if access 
can not be restored in one working day, the paper edition would equate to valid publication.  

Another identified risk is security-related and, to counter it, the Publications Office is required 
to  set  up,  in  accordance  with  Decision  2009/496/EC,  Euratom,  internal  security  and  access 
rules for the information system.  

2.2.2.  Control method(s) envisaged  

Not applicable.  

2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures. 

Not applicable.  

EN 

15 

   EN 

3. 

3.1. 

Heading of 
multiannual 
financial 
framework 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

•  Existing expenditure budget lines  

Budget line 

Type of  
expenditure

Contribution  

Number  
[Description………………………...……….] 

DA/NDA 
(13) 

from 
EFTA14 
countries 

from 
candidate 
countries15 

from third 
countries 

within the meaning 
of Article 18(1)(aa) 
of the Financial 
Regulation  

Commission: 
Journal (L and C)] 

26011101 

[Official 

European  Parliament:  3240  [Official 
Journal] 

Council: 2211 [Official Journal] 

5 

Court  of  Justice:  2740 
Journal] 

[Official 

NDA 

NO 

NO 

NO 

NO  

Court  of  Auditors:  2740  [Official 
Journal] 

Economic and Social Committee ESC: 
2604 [Official Journal] 

Committee  of 
[Official Journal] 

the  Regions:  2604 

13 
14 
15 

DA= Differentiated appropriations / DNA= Non-Differentiated Appropriations 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

EN 

16 

   EN 

                                                 
3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial 
framework:  

5 

" Administrative expenditure " 

EUR million (to three decimal places) 

EUR million (to three decimal places) 

Year 
2011 

Year 
2012 

Year 
2013 

Year 
2014 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6)  

TOTAL 

Institutions 

(cid:121) Human resources  

0 

0 

0 

0 

(cid:121) Other administrative expenditure 
(Budget line(s): 

Commission: 26011101  

0.062 

0.258 

0.081 

European Parliament: 3240  

0.028 

0.119 

0.038 

Council: 2211  

0.028 

0.119 

0.038 

Court of Justice: 2740 

0.004 

0.017 

0.005 

Court of Auditors: 2740 
Economic and Social 
Committee: 2604 
Committee of the Regions: 
2604 

0.002 

0.007 

0.002 

0.004 

0.017 

0.006 

0.001 

0.004 

0.001 

TOTAL Institutions 

Appropriations 

0.129 

0.541 

0.171 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

(Total 
= Total payments) 

commitments 

0.129 

0.541 

0.171 

0 

0.401 

0.185 

0.185 

0.026 

0.011 

0.027 

0.006 

0.841 

0.841 

EN 

17 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.2.  Estimated impact on operational appropriations  

–  x  The proposal/initiative does not require the use of operational appropriations  

EN 

18 

E

 
  
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary  

–  (cid:133) The  proposal/initiative  does  not 

require 

the  use  of  administrative 

appropriations  

–  x  The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as 

explained above 

The need in terms of human resources and administrative expenditure of the Commission to 
be financed out of heading 5 will be met by the existing allocation that has been granted to 
the  managing  DG  under  the  annual  allocation  procedure  and  in  the  light  of  budgetary 
constraints.  For  the  years  2011  and  2012,  these  allocations  have  been  established  in  the 
B2011 and DB2012 respectively. 

EN 

19 

   EN 

 
3.2.3.2.   Estimated requirements of human resources  

–  x  The  proposal/initiative  does  not  require  the  use  of  supplementary  human 

resources  

–  (cid:133) The proposal/initiative requires the use of human resources 

(cid:57) The human resources required will be met by staff from the DG who are already assigned 
to  management  of  the  action  and/or  have  been  redeployed  within  the  DG,  together  if 
necessary with any additional allocation which  may be granted to the  managing DG under 
the annual allocation procedure and in the light of budgetary constraints. 

EN 

20 

   EN 

 
3.2.4.  Compatibility with the current multiannual financial framework  

–  x  The  proposal/initiative  is  compatible  with  the  current  multiannual  financial 

framework. 

3.2.5.  Third-party contributions  

–  x The proposal/initiative does not provide for co-financing by third parties  

EN 

21 

   EN 

 
3.3. 

Estimated impact on revenue  

–  (cid:133) The proposal/initiative has no financial impact on revenue. 

–  x  The proposal/initiative has the following financial impact: 

– 

– 

(cid:133) 

x 

on own resources  

on miscellaneous revenue  

Budget revenue line: 

Appropriation
s available for 
the ongoing 
budget 
exercise 

EUR million (to three decimal places) 

Impact of the proposal/initiative16 

Year 
2011 

Year 
2012 

Year 
2013 

Year 
2014 

… insert as many columns as necessary 
in order to reflect the duration of the 
impact (see point 1.6) 

Article 502 

p.m. 

p.m. 

p.m. 

p.m. 

p.m.  

For miscellaneous assigned revenue, specify the budget expenditure line(s) affected. 

26011101 

Specify the method for calculating the impact on revenue. 

Currently, the source of revenue is given by subscriptions and orders for the printed 
edition of the Official Journal of the European Union. Once the electronic edition is 
the  only  publication  with  legal  value,  the  number  of  subscriptions  is  expected  to 
decrease and approach zero.  

16 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 25% for collection costs. 

EN 

22 

   EN