CELEX: 51998PC0289(05)
Language: en
Date: 1998-04-30
Title: Amended Proposal for Council Regulation (EC) amending Council Regulation (EC) No 2062/94 of 218 July 1994 establishing a European Agency for Safety and Health at Work

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)
 ---pagebreak---  ---pagebreak---                                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 agencies1 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.
 ---pagebreak---                                                                                 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                         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,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.
 ---pagebreak---            INITIAL PROPOSAL                           AMENDED 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 Whereas it is a prerequisite to involve the
European Parliament in the discharge European Parliament in the discharge
procedure,                                    procedure, pursuant to Article 206 of the
                                              EC Treaty;
                                              i+
 ---pagebreak---            INITIAL PROPOSAL                           AMENDED 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 2.            Article 136 is replaced by the
following:                                   following:
"Control of commitment and payment of        "To ensure a maximum of transparency
all expenditure and control of the existence and      harmonisation     between     the
and recovery of all revenue of the Office    decentralised    agencies.     control  of
shall be carried out by the Commission's     commitment and payment of               all
Financial Controller."                       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
 ---pagebreak---            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
                                               (
 ---pagebreak---                                                                                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.
 ---pagebreak---            INITIAL PROPOSAL                           AMENDED 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 thefinancialprovisions 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 Whereas it is a prerequisite to involve the
European Parliament in the discharge European Parliament in the discharge
procedure,                                    procedure, pursuant to Article 206 of the
                                              EC Treaty;
                                              r
 ---pagebreak---            INITIAL PROPOSAL                           AMENDED 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:                      2.      In Article 111
(a) paragraph      1 is replaced by the (a) paragraph           1 is replaced by the
following:                                   following:
"Control of commitment and payment of        "To ensure a maximum of transparency
all expenditure and control of the existence and      harmonisation      between     the
and recovery of all revenue of the Office    decentralised     agencies.     control  of
shall be carried out by the Commission's     commitment and payment of all
Financial Controller.";                      expenditure      and    control     of  the
                                             establishment and recovery of all revenue
                                             of the Agency shall be carried out by the
                                             Commission's Financial Controller."
 ---pagebreak---            INITIAL PROPOSAL                         AMENDED PROPOSAL
     (COM(97) 489 final of 6.10.1997)
(b) paragraph 3 is replaced by the (b) paragraph 3 is replaced by the
following:                                 following:
"The Administrative Council shall, on the  "The Administrative Council shall, after of
recommendation      of    the    European  the 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
                                           la
 ---pagebreak---                                                                                 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                         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»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;
 10
     (  )
 n (    )
 12  OJL 214, 24.8.1993, p.l.
                                           11
 ---pagebreak---             INITIAL PROPOSAL                          AMENDED 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 Whereas it is a prerequisite to involve the
European Parliament in the discharge European Parliament in the discharge
procedure,                                    procedure, pursuant to Article 206 of the
                                              EC Treaty;
                                           /JU
 ---pagebreak---            INITIAL PROPOSAL                         AMENDED 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 (b)         Paragraph 8 is replaced by the
following:                                 following:
"8. Control of commitment and payment of   "8. To ensure a maximum of transparency
all expenditure and control of the         and      harmonisation     between     the
establishment and recovery of all revenue  decentralised    agencies      control  of
of the Agency shall be carried out by the  commitment and payment of all
Commission's Financial Controller."        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?
 ---pagebreak---             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
 ---pagebreak---                                                                              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 proposalfromthe
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
     C >
15 i    >
t4 OJL 120, i1.5.1990, p.I.
                                          15
 ---pagebreak---            INITIAL PROPOSAL                            AMENDED 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      Whereas it is a prerequisite for the power
grant discharge to be assigned to the         to grant discharge to be assigned to the
European         Parliament      on       the European       Parliament        on    the
recommendation of the Management              recommendation of the Management
Board,                                        Board, pursuant to Article 206 of the EC
                                              Treaty;
HAS ADOPTED THIS REGULATION:
                  Article 1
In Article 13 of Regulation (EC) No
1210/90:
(a)     Paragraph 2 is replaced by the (a) Paragraph           2 is replaced      by the
following:                                    following:
"2. Control of commitment and payment of      "2. To ensure a maximum of transparency
all expenditure and control of the            and      harmonisation     between     the
establishment and recovery of all revenue     decentralised    agencies,     control  of
of the Agency shall be carried out by the     commitment and payment of all
Commission's Financial Controller.";          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
 ---pagebreak---             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
 ---pagebreak---                                                                                 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                           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,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     Whereas it is a prerequisite for the power
grant discharge to be assigned to the        to grant discharge to be assigned to the
European Parliament on the                   European Parliament on the
recommendation of the Administrative         recommendation of the Management
Board,                                       Board, pursuant to Article 206 of the EC
                                             Treaty;
17
     ( )
18
     ( )
19
     OJL216, 20.8.1994, p. 1.
                                           18
 ---pagebreak---           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
 ---pagebreak---                                                                                       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                                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,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           Whereas it is a prerequisite for the power
grant discharge to be assigned to the              to grant discharge to be assigned to the
European Parliament on the                         European Parliament on the
recommendation of the Management                   recommendation of the Management
Board,                                             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
 ---pagebreak---            INITIAL PROPOSAL                    AMENDED 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
                                            £J
 ---pagebreak---                                                                                       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                               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,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          Whereas it is a prerequisite for the power
grant discharge to "be assigned to the            to grant discharge to be assigned to the
European Parliament on the                        European Parliament on the
recommendation of the Governing Board,            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
 ---pagebreak---           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
 ---pagebreak---                                                                                              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                                   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,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 thefinancialprovisions governing
the decentralised agencies established by
the Community should be harmonised;
Whereas it is desirable for the power to               Whereas it is a prerequisite for the power
grant discharge to be assigned to the                  to grant discharge to be assigned to the
European Parliament on the                             European Parliament on the
recommendation of the Management                       recommendation of the Management
Board,                                                 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
 ---pagebreak---           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
 ---pagebreak---                                                                                   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                           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, 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     Whereas it is a prerequisite for the power
 grant discharge to be assigned to the        to grant discharge to be assigned to the
 European Parliament on the                   European Parliament on the
 recommendation of the Management             recommendation of the Management
 Board,                                       Board, pursuant to Article 206 of the EC
                                              Treaty;
 29
     ( )
 30
     ( )
 31  OJL 151, 10.6.1997, p. 1.
                                            26
 ---pagebreak---           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
 ---pagebreak---  ---pagebreak---                                                                   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
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