Source: EURLEX
Language: en
Format: md

**COMMISSION OF THE EUROPEAN COMMUNITIES**

**Brussels, 30.04.1998**
**COM(1998)** **289 final**

**97/0253 (CNS)**
**97/0254 (CNS)**
**97/0255 (CNS)**
**97/** **0256 (CNS)**
**97/0258 (CNS)**
**97/0259** **(CNS)**
**97/0260 (CNS)**
**97/** **0261 (CNS)**
**97/0262 (CNS)**

**AMENDED PROPOSALS FOR**

**COUNCIL REGULATIONS (EC)**

**amending the basic regulations of certain decentralised Community agencies**

**(presented by the Commission pursuant to Article** **189** **a (2)**
**of** **the EC-Treaty)**

**EXPLANATORY MEMORANDUM**

1. On 16 October 1997, [1] the Commission approved a proposal for the amendment of
the basic regulations of nine decentralised Community agencies with a view to
subjecting them to the highest levels of public accountability and openness.

The European Parliament gave its opinion on the proposal at its part-session of
9-13 March, voting through a number of amendments, some of which the
Commission can accept. [2 ]

The Economic and Social Committee was consulted in accordance with Article

130s of the Treaty on the amendment to Council Regulation (EC) No 1210/90 of
7 May 1990, on the setting up of the European Environment Agency and the
European Environment Information and Observation Network, [3] and gave its
approval at its meeting of 28-29 January 1998.

2. To summarise, those amendments which the Commission can approve relate to
the granting of discharge to the decentralised Community agencies and to the
Commission's Financial Controller acting as the agencies' financial controller.

3. However, the Commission cannot support Parliament's amendments on own
resources or on any surplus agency revenues.

The Commission cannot accept the incorporation of all of the agencies [1] revenues
into the Community budget and the right to evaluate their level of fees. The
Commission wishes to preserve the management autonomy of the agencies and
considers that there is no need to change the system of setting fees or charges for
certain agencies.

In accordance with Article 189a (2) of the EC Treaty, therefore, the Commission has
drawn up the following amended proposals.

1 COM (97) 489 final.

**2** **OJ**

The Economic and Social Committee was only consulted about the amendment of the Regulation on
the European Environment Agency, the legal basis for which is Article 130s of the Treaty. The legal
basis for all the other regulations is Article 235 of the EC Treaty.

**97/** **0253 (CNS)**

**AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No (** **)**
**of (** **) AMENDING COUNCIL REGULATION (EC) No 40/94 OF 20**
**DECEMBER** **1993** **ON THE COMMUNITY TRADE MARK**

**(presented by the Commission in accordance with Article** **189a(2)** **of the EC Treaty**

**INITIAL PROPOSAL**

**(COM(97) 489 final of** **6.10.1997)**

**THE COUNCIL OF THE EUROPEAN**

**UNION,**

**Having regard to the Treaty establishing**
**the European Community, and in particular**
**Article 235** **thereof,**

**Having regard to the proposal from the**
**Commission,** **[4 ]**

**Having regard to the opinion of the**
**European Parliament,** **[5 ]**

**Whereas, on 20 December** **1993,** **the**
**Council adopted Regulation (EC) No 40/94**
**on the Community trade mark;** **[6 ]**

**WheTeas the Office for Harmonization in**

**the Internal Market ("the Office")**
**established by the aforesaid Regulation**
**may not be regarded as a profit-making**
**organisation;**

**Whereas, since the Office is a body**
**governed by Community law, provision**
**should be made for any resources**
**remaining after the constitution, where**
**appropriate, of a reserve to cover future**
**expenditure and after any revision of the**
**fees charged by the Office to be paid into**
**the general budget of the European**
**Communities;**

**4** **(** **)**
**5** **(** **)**
**6** **OJL** **11,** **14.1.1994,** **p.l.**

**AMENDED PROPOSAL**

INITIAL PROPOSAL

(COM(97) 489 final of 6.10.1997)

Whereas the entering of amounts in the
said reserve should be made subject to the
agreement of the Commission, and whereas
the Commission should inform the Council

and Parliament of its decisions in this

respect;

Whereas the financial provisions governing
the decentralised agencies established by
the Community should be harmonised,
particularly in the matter of the controls to
which the Office is subject;

Whereas the Commission's Financial

Controller is the person best placed to
perform the tasks of Financial Controller of
the Office;

Whereas it is desirable to involve the

European Parliament in the discharge
procedure,

AMENDED PROPOSAL

Whereas it is a prerequisite to involve the
European Parliament in the discharge
procedure, pursuant to Article 206 of the
EC Treaty;

_**i+**_

INITIAL PROPOSAL

(COM(97) 489 final of 6.10.1997)

HAS ADOPTED THIS REGULATION:

**Article 1**

1. The following paragraph is added to
Article 134 of Regulation (EC) No 40/94:

"4. Any revenue surplus to expenditure
during a particular financial year shall,
after account has been taken of the

decrease in the Community subsidy, be
entered in the general budget of the
European Communities as miscellaneous
revenue. However, the Budget Committee
may authorise the establishment of a
reserve to cover future expenditure.
Amounts may be entered in the said reserve
only with the agreement of the
Commission, after Parliament has been
consulted."

2. Article 136 is replaced by the
following:

"Control of commitment and payment of
all expenditure and control of the existence
and recovery of all revenue of the Office
shall be carried out by the Commission's
Financial Controller."

AMENDED PROPOSAL

2. Article 136 is replaced by the
following:

"To ensure a maximum of transparency
and harmonisation between the

decentralised agencies. control of
commitment and payment of all
expenditure and control of the
establishment and recovery of all revenue
of the Agency shall be carried out by the
Commission's Financial Controller."

### **r**

INITIAL PROPOSAL I AMENDED PROPOSAL

(COM(97) 489 final of 6.10.1997)

3. Article 137(2) is replaced by the 3. Article 137(2) is replaced by the
following: following:

"The Budget Committee shall, on the "The Budget Committee shall, after the
recommendation of the European European Parliament has made its
Parliament, give a discharge to the recommendation, give a discharge to the
President of the Office in respect of the President of the Office in respect of the
implementation of the budget." implementation of the budget."

**Article 2**

This Regulation shall enter into force on
the third day following its publication in
the Official Journal of the European
Communities.

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

Done at Brussels,

For the Council

The President

_**(**_

**97/0254(CNS)**

**AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No (** **)**
**of** **(** **) AMENDING COUNCIL REGULATION (EC) No 2100/94 OF 27 JULY**

**1994** **ON COMMUNITY PLANT VARIETY RIGHTS**

**(presented** **by** **the Commission in accordance with Article** **189a(2)** **of the EC Treaty**

**"** **INITIAL** **PROPOSAL** **I** **AMENDED PROPOSAL**

**(COM(97)** **489 final of** **6.10.1997)**

**THE COUNCIL OF THE EUROPEAN**

**UNION,**

**Having regard to the Treaty establishing**
**the European Community and, in**
**particular, Article 235** **thereof,**

**Having regard to the proposal from the**
**Commission,** **[7 ]**

**Having regard to the opinion of the**
**European Parliament,** **[8 ]**

**Whereas, on 27 July** **1994,** **the Council**
**adopted Regulation (EC) No** **2100/94** **on**
**Community plant variety rights;** **[9 ]**

**Whereas the Community Plant Variety**
**Office ("the Office") established by the**
**aforesaid Regulation may not be regarded**
**as a profit-making organisation;**

( )
( )
OJL227, 1.9.1994, p. 1.

**INITIAL PROPOSAL**
**(COM(97)** **489 final of** **6.10.1997)**

**Whereas, since the Office is a body**
**governed by Community law, provision**
**should** **be made** **for any** **resources**
**remaining after the constitution, where**
**appropriate, of a reserve to cover future**
**expenditure and after any revision of the**
**fees charged by the Office to be paid into**
**the general budget of the European**
**Communities;**

**Whereas** **the entering of amounts in the**
**said reserve should be made subject to the**
**agreement of the Commission, and whereas**
**the Commission should inform the Council**

**and Parliament of its decisions in this**

**respect;**

**Whereas** **the** **financial** **provisions governing**
**the decentralised agencies established by**
**the Community should be harmonised,**
**particularly in the matter of the controls to**
**which the Office is subject;**

**Whereas** **the** **Commission's** **Financial**
**Controller is the person best placed to**
**perform the tasks of Financial Controller of**
**the Office;**

**Whereas it is desirable to involve the**

**European Parliament in the discharge**
**procedure,**

**AMENDED PROPOSAL**

**Whereas it is a prerequisite to involve the**
**European Parliament in the discharge**
**procedure, pursuant to Article 206 of the**
**EC Treaty;**

##### **_r_**

INITIAL PROPOSAL

(COM(97) 489 final of 6.10.1997)

HAS ADOPTED THIS REGULATION:

**Article 1**

1. The following paragraph is added to
Article 108 of Regulation (EC) No
2100/94:

"5. Any revenue surplus to expenditure
during a particular financial year shall,
after account has been taken of the

decrease in the Community subsidy, be
entered in the general budget of the
European Communities as miscellaneous
revenue. However, the Budget Committee
may authorise the establishment of a
reserve to cover future expenditure.
Amounts may be entered in the said reserve
only with the agreement of the
Commission, after Parliament has been
consulted."

2. In Article 111:

(a) paragraph 1 is replaced by the
following:

"Control of commitment and payment of
all expenditure and control of the existence
and recovery of all revenue of the Office
shall be carried out by the Commission's
Financial Controller.";

AMENDED PROPOSAL

**2.** In Article 111

(a) paragraph 1 is replaced by the
following:

"To ensure a maximum of transparency
and harmonisation between the
decentralised agencies. control of
commitment and payment of all
expenditure and control of the
establishment and recovery of all revenue
of the Agency shall be carried out by the
Commission's Financial Controller."

INITIAL PROPOSAL

(COM(97) 489 final of 6.10.1997)

(b) paragraph 3 is replaced by the
following:

"The Administrative Council shall, on the
recommendation of the European
Parliament, give a discharge to the
President of the Office in respect of the
implementation of the budget."

**Article 2**

This Regulation shall enter into force on
the third day following its publication in
the Official Journal of the European
Communities.

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

Done at Brussels,

For the Council

The President

AMENDED PROPOSAL

(b) paragraph 3 is replaced by the
following:

"The Administrative Council shall, after of
the European Parliament has made its
recommendation, give a discharge to the
President of the Office in respect of the
implementation of the budget."

_**la**_

**97/** **0255 (CNS)**

**AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No (** **) of**
**(** **) AMENDING COUNCIL REGULATION (EEC) No 2309/93 OF 22 JULY**
**1993** **LAYING DOWN COMMUNITY PROCEDURES FOR THE AUTHORISATION**

**AND SUPERVISION OF MEDICINAL PRODUCTS FOR HUMAN AND**

**VETERINARY USE AND ESTABLISHING A EUROPEAN AGENCY FOR** **Tl** **IE**

**EVALUATION OF MEDICINAL PRODUCTS**

**(presented by the Commission in accordance with Article** **189a(2)** **of the EC Treaty**

**INITIAL PROPOSAL**

**(COM(97)** **489 final of** **6.10.1997)**

**THE COUNCIL OF THE EUROPEAN**

**UNION,**

**Having regard to the Treaty establishing**
**the European Community and, in**
**particular, Article 235** **thereof,**

**Having regard to the proposal from the**
**Commission»** **[10 ]**

**Having regard to the opinion of the**
**European** **Parliament,** **[11 ]**

**Whereas, on 22 July** **1993,** **the Council**
**adopted Regulation (EEC) No 2309/93**
**laying down Community procedures for**
**the authorisation and supervision of**
**medicinal products for human and**
**veterinary use and establishing a European**
**Agency for the Evaluation of Medicinal**
**Products ("the** **Agency");** **[12 ]**

**Whereas the Agency may not be regarded**
**as a profit-making organisation;**

**AMENDED PROPOSAL**

**10**

**n**

**12**

( )
( )
OJL 214, 24.8.1993, p.l.

**11**

INITIAL PROPOSAL

(COM(97) 489 final of 6.10.1997)

Whereas, since the Office is a body
governed by Community law, provision
should be made for any resources
remaining after the constitution, where
appropriate, of a reserve to cover future
expenditure and after any revision of the
fees charged by the Office to be paid into
the general budget of the European
Communities;

Whereas the entering of amounts in the
said reserve should be made subject to the
agreement of the Commission and whereas
the Commission should inform the Council

and Parliament of its decisions in this

respect;

Whereas the financial provisions governing
the decentralised agencies established by
the Community should be harmonised,
particularly in the matter of the controls to
which the Agency is subject;

Whereas the Commission's Financial

Controller is the person best placed to
perform the tasks of Financial Controller of
the Agency;

Whereas it is desirable to involve the

European Parliament in the discharge
procedure,

AMENDED PROPOSAL

Whereas it is a prerequisite to involve the
European Parliament in the discharge
procedure, pursuant to Article 206 of the
EC Treaty;

_**/JU**_

INITIAL PROPOSAL

(COM(97) 489 final of 6.10.1997)

HAS ADOPTED THIS REGULATION:

**Article 1**

In Article 57 of Regulation (EEC) No
2309/93

(a) The following paragraph 6a is
inserted after paragraph 6:

"6a. Any revenue surplus to expenditure
during a particular financial year shall,
after account has been taken of the

decrease in the Community subsidy, be
entered in the general budget of the
European Communities as miscellaneous
revenue. However, the Budget Committee
may authorise the establishment of a
reserve to cover future expenditure.
Amounts may be entered in the said reserve
only with the agreement of the
Commission, after Parliament has been
consulted."

(b) Paragraph 8 is replaced by the
following:

"8. Control of commitment and payment of
all expenditure and control of the
establishment and recovery of all revenue
of the Agency shall be carried out by the
Commission's Financial Controller."

AMENDED PROPOSAL

(b) Paragraph 8 is replaced by the
following:

"8. To ensure a maximum of transparency
and harmonisation between the

decentralised agencies control of
commitment and payment of all
expenditure and control of the
establishment and recovery of all revenue
of the Agency shall be carried out by the
Commission's Financial Controller."

_**i?**_

INITIAL PROPOSAL I AMENDED PROPOSAL

(COM(97) 489 final of 6.10.1997)

(c) The second subparagraph of
paragraph 9 is replaced by the following:

"The Court of Auditors shall examine the

balance sheet in accordance with

Article 188c of the Treaty."

(d) Paragraph 10 is replaced by the (d) Paragraph 10 is replaced by the
following: following:

"10. The Management Board shall, on the "10. The Management Board shall, after
recommendation of the European the European Parliament has made its
Parliament, give a discharge to the Director recommendation, give a discharge to the
of the Agency in respect of the Director of the Agency in respect of the
implementation of the budget." implementation of the budget."

**Article 2**

This Regulation shall enter into force on
the third day following its publication in
the Official Journal of the European
Communities.

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

Done at Brussels,

For the Council

The President

14

**97/** **0256 (CNS)**

**AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No (** **) of**
**(** **) AMENDING 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**

**NETWORK**

**(presented by the Commission in accordance with Article** **189a(2)** **of the EC Treaty**

**INITIAL PROPOSAL** **I** **AMENDED PROPOSAL**

**(COM(97)** **489 final of** **6.10.1997)**

**THE COUNCIL OF THE EUROPEAN**

**UNION,**

**Having** **regard to the Treaty establishing**
**the European Community and, in**
**particular, Article** **130s** **thereof,**

**Having** **regard** **to the proposal** **from** **the**
**Commission,** **[13 ]**

**Having** **regard** **to the opinion of the**
**European Parliament,** **[14 ]**

**Having** **regard** **to the opinion of the**
**Economic and Social Committee,** **[15 ]**

**Whereas, on 7 May** **1990,** **the Council**
**adopted Regulation (EEC) No** **1210/90** **on**
**the establishment of the European**
**Environment Agency and** **the European**
**Environment Information and Observation**
**Network ("the Agency");** **[16 ]**

**13**

**14**

**15**

**t4**

**(** **)**
**C** **>**

_**i**_ **>**

**OJL** **120,** **i1.5.1990,** **p.I.**

**15**

INITIAL PROPOSAL

(COM(97) 489 final of 6.10.1997)

Whereas the financial provisions governing
the decentralised agencies established by
the Community should be harmonised,
particularly in the matter of the controls to
which the Agency is subject;

Whereas the Commission's Financial

Controller is the person best placed to
perform the tasks of Financial Controller of
the Office;

Whereas it is desirable for the power to
grant discharge to be assigned to the
European Parliament on the
recommendation of the Management
Board,

HAS ADOPTED THIS REGULATION:

**Article 1**

In Article 13 of Regulation (EC) No
1210/90:

AMENDED PROPOSAL

Whereas it is a prerequisite for the power
to grant discharge to be assigned to the
European Parliament on the
recommendation of the Management
Board, pursuant to Article 206 of the EC
Treaty;

(a) Paragraph 2 is replaced by the
following:

"2. To ensure a maximum of transparency
and harmonisation between the

decentralised agencies, control of
commitment and payment of all
expenditure and control of the
establishment and recovery of all revenue
of the Agency shall be carried out by the
Commission's Financial Controller

_**ic**_

(a) Paragraph
following:

2 is replaced by the

"2. Control of commitment and payment of
all expenditure and control of the
establishment and recovery of all revenue
of the Agency shall be carried out by the
Commission's Financial Controller.";

INITIAL PROPOSAL I AMENDED PROPOSAL

(COM(97) 489 final of 6.10.1997)

(b) Paragraph 4 is replaced by the
following:

"4. The European Parliament shall, on the
recommendation of the Management
Board, give discharge to the Executive
Director in respect of the implementation
of the budget."

**Article 2**

This Regulation shall enter into force on
the third day following its publication in
the Official Journal of the European
j Communities.

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

Done at Brussels,

**For** **the Council**

**The President**

## **a**

97/ 0258 (CNS)

AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( )
of (..' ) AMENDING COUNCIL REGULATION (EC) No 2062/94 OF 18 JULY
1994 ESTABLISHING A EUROPEAN AGENCY FOR SAFETY AND HEALTH AT

WORK

(presented by the Commission in accordance with Article 189a(2) of the EC Treaty

INITIAL PROPOSAL

(COM(97) 489 final of 6.10.1997)

THE COUNCIL OF THE EUROPEAN

UNION,

Having regard to the Treaty establishing
the European Community and, in
particular, Article 235 thereof,

Having regard to the proposal from the
Commission, [17 ]

Having regard to the opinion of the
European Parliament, [18 ]

Whereas, on 18 July 1994, the Council
adopted Regulation (EC) No 2062/94
establishing a European Agency for Safety
and Health at Work ("the Agency"); [,9 ]

Whereas the financial provisions governing
the decentralised agencies established by
the Community should be harmonised;

Whereas it is desirable for the power to
grant discharge to be assigned to the
European Parliament on the
recommendation of the Administrative

Board,

AMENDED PROPOSAL

Whereas it is a prerequisite for the power
to grant discharge to be assigned to the
European Parliament on the
recommendation of the Management
Board, pursuant to Article 206 of the EC
Treaty;

**17**

**18**

**19**

( )

( )
OJL216, 20.8.1994, p. 1.

18

INITIAL PROPOSAL I AMENDED PROPOSAL

(COM(97) 489 final of 6.10.1997)

HAS ADOPTED THIS REGULATION:

**Article 1**

Article 14(4) of Regulation (EC) No
2062/94 is replaced by the following:

"4. The European Parliament shall, on the
recommendation of the Administrative

Board, give discharge to the Director in
respect of the implementation of the
budget."

**Article 2**

This Regulation shall enter into force on
the third day following its publication in
the Official Journal of the European
Communities.

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

Done at Brussels,

For the Council

The President

_**19**_

97/ 0259 (CNS)

AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No (...) OF (...)
AMENDING COUNCIL REGULATION (EEC) No 302/93 OF 8 FEBRUARY 1993,
ESTABLISHING A EUROPEAN MONITORING CENTRE FOR DRUGS AND DRUG

ADDICTION

(presented by the Commission in accordance with Article 189a (2) of the EC Treaty)

INITIAL PROPOSAL

(COM(97) 489 final of 6.10.1997)

THE COUNCIL OF THE EUROPEAN

UNION,

Having regard to the Treaty establishing
the European Community and, in
particular, Article 235 thereof,

Having regard to the proposal from the
Commission, [20 ]

Having regard to the opinion of the
European Parliament, [21 ]

Whereas, on 8 February 1993, the Council
adopted Regulation (EEC) No 302/93
establishing a European Monitoring Centre
for Drugs and Drug Addiction ("the
Centre"); [22 ]

Whereas the financial provisions governing
the decentralised agencies established by
the Community should be harmonised;

Whereas it is desirable for the power to
grant discharge to be assigned to the
European Parliament on the
recommendation of the Management
Board,

AMENDED PROPOSAL

Whereas it is a prerequisite for the power
to grant discharge to be assigned to the
European Parliament on the
recommendation of the Management
Board, pursuant to Article 206 of the EC
Treaty;

**20**

**21**

**22**

( )

( )
OJ L 36, 12.2.1993, p.1; as last amended by Council Regulation (EC) No 3294/94 of
22 December 1994 (OJ L 341, 30.12.1994, p.7).

20

INITIAL PROPOSAL

(COM(97) 489 final of 6.10.1997)

HAS ADOPTED THIS REGULATION:

**Article 1**

Article 11(11) of Regulation (EEC) No
302/93 is replaced by the following:

"11. The European Parliament shall, on the
recommendation of the Management
Board, give a discharge to the Director of
the Centre in respect of the implementation
of the budget."

**Article 2**

This Regulation shall enter into force on
the third day following its publication in
the Official Journal of the European
Communities.

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

Done at Brussels,

For the Council

The President

AMENDED PROPOSAL

_**£J**_

**97/** **0260 (CNS)**

**AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No (** **) of**
**(** **) AMENDING COUNCIL REGULATION (EEC) No 1360/90 OF 7 MAY**
**1990** **ESTABLISHING A EUROPEAN TRAINING FOUNDATION**

**(presented by the Commission in accordance with Article** **189a(2)** **of the EC Treaty**

**INITIAL PROPOSAL**

**(COM(97)** **489 final of** **6.10.1997)**

**THE COUNCIL OF THE EUROPEAN**

**UNION,**

**Having regard to the Treaty establishing**
**the European Community and, in**
**particular, Article 235** **thereof,**

**Having regard to the proposal from the**
**Commission,** **[23 ]**

**Having regard to the opinion of the**
**European Parliament,** **[24 ]**

**Whereas, on 7 May** **1990,** **the Council**
**adopted Regulation (EEC) No** **1360/90**
**establishing a European Training**
**Foundation ("the Foundation");** **[25 ]**

**Whereas the financial provisions governing**
**the decentralised agencies established by**
**the Community should be harmonised;**

**Whereas it is desirable for the power to**
**grant discharge** **to "be** **assigned to the**
**European Parliament on the**
**recommendation of the Governing Board,**

**AMENDED PROPOSAL**

**Whereas it is a prerequisite for the power**
**to grant discharge to be assigned to the**
**European Parliament on the**
**recommendation of the Management**
**Board, pursuant to Article 206 of the EC**
**Treaty:**

23 ( )
24 ( )
25 OJ L 131, 23.5.1990, p.l; as last amended by Council Regulation (EC) No 2063/94 (OJ L 216,
30.8.1994, p.9).

**22**

INITIAL PROPOSAL I AMENDED PROPOSAL

(COM(97) 489 final of 6.10.1997)

HAS ADOPTED THIS REGULATION:

**Article 1**

Article 11(4) of Regulation (EEC) No
1360/90 is replaced by the following:

"4. The European Parliament shall, on the
recommendation of the Governing Board,
give a discharge to the Director of the
Foundation in respect of the
implementation of the budget."

**Article 2**

This Regulation shall enter into force on
the third day following its publication in
the Official Journal of the European
Communities.

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

Done at Brussels,

For the Council

The President

**J3**

**97/0261 (CNS)**

**AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No (** **)**
**of (** **....) AMENDING COUNCIL REGULATION (EC) No 2965/94 OF 28**
**NOVEMBER** **1994** **SETTING UP A TRANSLATION CENTRE FOR BODIES OF**

**THE EUROPEAN UNION**

**(presented by the Commission in accordance with Article** **189a(2)** **of the EC Treaty**

**INITIAL PROPOSAL**

**(COM(97)** **489 final of** **6.10.1997)**

**THE COUNCIL OF THE EUROPEAN**

**UNION,**

**Having regard to the Treaty establishing**
**the European Community and, in**
**particular, Article 235** **thereof,**

**Having regard to the proposal from the**
**Commission,** **[26 ]**

**Having regard to the opinion of the**
**European Parliament,** **[27 ]**

**Whereas, on 28 November** **1994,** **the**
**Council adopted Regulation (EC)**
**No 2965/94 setting up a Translation Centre**
**for Bodies of the European Union ("the**
**Centre");** **[28 ]**

**Whereas the** **financial** **provisions governing**
**the decentralised agencies established by**
**the Community should be harmonised;**

**Whereas it is desirable for the power to**
**grant discharge to be assigned to the**
**European Parliament on the**
**recommendation of the Management**
**Board,**

**AMENDED PROPOSAL**

**Whereas it is a prerequisite for the power**
**to grant discharge to be assigned to the**
**European Parliament on the**
**recommendation of the Management**
**Board, pursuant to Article 206 of the EC**
**Treaty;**

**26**

**27**

**2X**

( )
( )
OJ L 314, 7.12.1994, p.l; as last amended by Council Regulation (liC) No 2610/95 of
30 October 1995 (OJ L 268, 10.11.1995, p. I ).

**24**

INITIAL PROPOSAL I AMENDED PROPOSAL

(COM(97) 489 final of 6.10.1997)

HAS ADOPTED THIS REGULATION:

**Article 1**

Article 14 (4) of Regulation (EC) No
2965/94 is replaced by the following:

"The European Parliament shall, on the
recommendation of the Management
Board, give a discharge to the Director of
the Centre in respect of the implementation
of the budget."

**Article 2**

This Regulation shall enter into force on
the third day following its publication in
the Official Journal of the European
Communities.

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

Done at Brussels,

For the Council

The President

**j>r**

97/ 0262 (CNS)

AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( )
of ( ) AMENDING COUNCIL REGULATION (EC) No 1035/97 OF 2 JUNE
1997 ESTABLISHING A EUROPEAN MONITORING CENTRE ON RACISM AND

XENOPHOBIA

(presented by the Commission in accordance with Article 189a(2) of the EC Treaty

INITIAL PROPOSAL

(COM(97) 489 final of 6.10.1997)

THE COUNCIL OF THE EUROPEAN

UNION,

Having regard to the Treaty establishing
the European Community and, in
particular, Articles 213 and 235 thereof,

Having regard to the proposal from the
Commission, [29 ]

Having regard to the opinion of the
European Parliament, [30 ]

Whereas, on 2 June 1997, the Council
adopted Regulation (EC) Nol035/97
establishing a European Monitoring Centre
on Racism and Xenophobia ("the
Centre"); [3] '

Whereas the financial provisions governing
the decentralised agencies established by
the Community should be harmonised;

Whereas it is desirable for the power to
grant discharge to be assigned to the
European Parliament on the
recommendation of the Management
Board,

AMENDED PROPOSAL

Whereas it is a prerequisite for the power
to grant discharge to be assigned to the
European Parliament on the
recommendation of the Management
Board, pursuant to Article 206 of the EC
Treaty;

**29**

**30**

**31**

( )
( )
OJL 151, 10.6.1997, p. 1.

26

INITIAL PROPOSAL AMENDED PROPOSAL

(COM(97) 489 final of 6.10.1997)

HAS ADOPTED THIS REGULATION:

**Article 1**

Article 12(11) of Regulation (EC) No
1035/97 is replaced by the following:

"11. The European Parliament shall, on the
recommendation of the Management
Board, give a discharge to the Director of
the Centre in respect of the implementation
of the budget."

**Article 2**

This Regulation shall enter into force on
the third day following its publication in
the Official Journal of the European
Communities.

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

Done at Brussels,

For the Council

The President

_**JQ**_

**ISSN 0254-1475**

###### COM(98) 289 final

# **DOCUMENTS**

EN 01 09 10

Catalogue number : CB-CO-98-296-EN-C

ISBN 92-78-35902-5

Office for Official Publications of the European Communities

L-2985 Luxembourg

#### **_de_**