CELEX: 51990PC0534(02)
Language: en
Date: 1990-11-29
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1365/75 ON THE CREATION OF A EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS

31. 1. 91                                Official Journal of the European Communities                               No C 23/27
             Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1365/75 on the creation
                     of a European Foundation for the Improvement of Living and Working Conditions
                                                        COM(90) 534 final
                                     (Submitted by the Commission on 17 December 1990)
                                                           (91/C 23/03)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            2. Article 13 (2) is replaced by the following:
                                                                        '2. After its adoption by the Administrative Board, the
Having regard to the Treaty establishing the European                   Director shall forward the general report to the
Economic Community, and in particular Article 235
                                                                        Community institutions, the Economic and Social
thereof,
                                                                        Committee and the Court of Auditors.';
Having regard to the proposal from the Commission,
                                                                    3. Article 16 is replaced by the following:
Having regard      to   the    opinion   of   the     European
                                                                        'Article 16
Parliament,
                                                                        1. The financial provisions applying to the Foundation
Having regard to the opinion of the Court of Auditors,                  shall be adopted under Article 209 of the Treaty.
Whereas the Treaty of 22 July 1975, amending certain                    The financial controller of the Commission shall be
financial provisions of the Treaties establishing the                   responsible for checking the commitment and payment
European Communities and of the Treaty establishing a                   of all expenditure and the recording and recovery of all
single Council and a single Commission of the European                  revenue of the Foundation.
Communities, modified the procedure for giving a
discharge to the Commission in respect of the                           2. The Administrative Board shall, not later than
implementation of the budget, and therefore it is                       31 March, send the revenue and expenditure accounts,
appropriate to update the procedure for giving a discharge              the analysis of financial management and the balance
to the Administrative Board of the Foundation by reference              sheet of the Foundation for the preceding financial year
to the procedure so modified, as set out in Article 206b of             to the Commission, the Council, the European
the EEC Treaty;                                                         Parliament and the Court of Auditors. The Court of
                                                                        Auditors shall examine them as provided for in
Whereas the Treaty of 22 July 1975 substituted the Court                Article 206a of the Treaty.
of Auditors for the Audit Board in all the texts referring to
                                                                        3. The Court of Auditors shall transmit to the
the Audit Board;
                                                                        authorities responsible for giving discharge and to the
Whereas it is desirable to improve the procedure for the                Commission, by 30 November at the latest, its annual
transmission of the annual general report on the                        report accompanied by the replies of the Foundation to
Foundation to include all Community organizations;                      its comments, and shall ensure publication thereof in
                                                                        the Official Journal of the European Communities. The
Whereas Council Regulation (EEC) No 1365/75 (*) should                  European Parliament, upon a recommendation from
be amended accordingly;                                                 the Council acting by a qualified majority, shall, before
                                                                        30 April of the following year, give a discharge to the
Whereas the Treaty does not provide the necessary specific              Administrative Board of the Foundation in accordance
powers,                                                                 with the procedures laid down in Article 206b of the
                                                                        Treaty.'
HAS ADOPTED THIS REGULATION:
                                                                                              Article 2
                          Article 1
                                                                    This Regulation shall enter into force on the third day
                                                                    following its publication in the Official Journal of the
Regulation (EEC) No 1365/75 is hereby amended as
                                                                    European Communities.
follows:
1. in Article 13 (1) 'and shall submit             it  to   the     This Regulation shall be binding in its entirety and directly
    Administrative Board' is deleted;                               applicable in all Member States.
0) OJ No L 139, 30. 5. 1975, p. 1.