CELEX: 51994PC0564
Language: en
Date: 1994-12-01
Title: Amended proposal for a COUNCIL REGULATION (EC) SETTING UP A TRANSLATION CENTRE FOR THE BODIES OF THE EUROPEAN UNION

COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(94) 564 final
                                           Brussels, 01.12.1994
                                           94/0071 (CNS)
                        Amended proposal for a
                       COUNCIL REGULATION (EC)
             SETTING UP A TRANSLATION CENTRE FOR
               THE BODIES OF THE EUROPEAN UNION
     (presented by the Commission pursuant to Article 189 A (2)
                          of the EC-Treaty)
 ---pagebreak---               AMENDED PROPOSAL FOR A COUNCIL REGULATION (EC)
                      SETTING UP A TRANSLATION CENTRE FOR
                         THE BODIES OF THE EUROPEAN UNION
                            EXPLANATORY MEMORANDUM
Following the opinion delivered by the European Parliament on 15 November 1994 the
Commission hereby submits to the Council an amended proposal which incorporates two of the
twelve amendments presented by Parliament.
Amendment n* 9 has been accepted as regards the new paragraph 4 and is incorporated in the
new Article 10(a) proposed by the Commission.
Amendment n* 12 has been incorporated by the Commission in the text of the regulation.
Amendment n* 1 has not been incorporated in the draft regulation, but its content will be
reproduced in a joint statement which will be made by the Commission and the Council when
the Council approves the regulation.
Amendment n* 4 is not acceptable to the Commission; the Centre must remain an independent
body.
Amendment n* 6 is not acceptable to the Commission as regards the new paragraphs 1, 2, 3 and
5. However, the Commission accepts the content of the amendment with respect to paragraph
4, and is introducing a new Article 10(a) in the text of the regulation providing for technical
assistance from the Commission to the Centre.
Amendments nos 2, 3, 5, 7, 8 and 10 have not been accepted by the Commission because they
call for an extension of the activities of the Centre which is not envisaged by the Council
Declaration of 29 October, 1993.
 Amendment n* 11 is not acceptable because it departs from the provisions adopted for the bodies
 whose seats were determined by the European Council decision of 29 October, 1993.
                                            -4-
 ---pagebreak---  Proposal of the Commission
 OJC 99 of 08.04.1994, p. 17
 Previous text                                 Amended text
 THE COUNCIL OF THE EUROPEAN                   unchanged
 UNION,
 Having regard to the Treaty establishing      unchanged
the European Community, and in particular
 Article 235 thereof,
 Having regard to the proposal from the        unchanged
Commission,
Having regard to the opinion of the            unchanged
European Parliament,
Whereas, further to the decision of            unchanged
29 October 1993 taken by common
agreement between the Representatives of
the Governments of the Member States,
meeting at Head of State and Government
level, on the location of the seats of certain
bodies and departments of the European
Communities and of Europol,1 the
Representatives of the Governments of the
Member States adopted by common
agreement a declaration on the
establishment of a Translation Centre for
the bodies of the Union within the
Commission's translation departments
located in Luxembourg to provide the
necessary translation services for the
operation of the bodies whose seats were
determined by the decision of
29 October 1993, with the exception of the
European Monetary Institute;
Whereas the establishment of a single          unchanged
specialized centre provides a practical
solution to the problem of meeting the
translation needs of a large number of
bodies in various locations throughout the
 Union;
       1
            OJ No C 3 2 3 , 3 0 . 1 1 . 1 9 9 3 ,  p.l
                                               2^
 ---pagebreak--- Whereas the rules governing the Centre        unchanged
should enable it to provide services to
bodies with legal personality,
administrative independence and their own
budgets, while maintaining an operational
link with the Commission;
Whereas the Treaty does not provide           unchanged
specific powers of action for the adoption
of this Regulation, other than those
contained in Article 235,
HAS ADOPTED THIS REGULATION:                  unchanged
Article 1                                     Article 1
A Translation Centre for the bodies of the    unchanged
Union ("hereinafter referred to as the
Centre") is established.
Article 2                                     Article 2
The Centre shall be responsible for           unchanged
translating material needed for the
operation of the following bodies:
       the European Environment Agency;
       the European Training Foundation;
       the European Monitoring Centre for
       Drugs and Drug Addiction;
       the European Agency for the
       Evaluation of Medicinal Products;
       the Agency for Health and Safety at
       Work;
       the Office for Harmonization in the
       Internal Market (trade marks, designs
       and models);
       the European Police Office (Europol)
       and the Europol Drugs Unit.
Article 3                                     Article 3
 1.    The Centre shall have legal            unchanged
       personality.
                                          -3-
 ---pagebreak--- 2.    To enable it to perform the tasks          unchanged
      assigned to it, the Centre shall, in all
       Member States, have the most
      extensive legal capacity accorded to
      legal persons under their laws.           Article 4
                                                unchanged
Article 4
1.    The Centre shall have a Management        unchanged
      Board consisting of:
      (a)    a representative from each of
             the bodies listed in Article 2;    unchanged
             and
                                                unchanged
      (b)     a Commission representative.
2.    The management board shall be
      chaired by the Commission                 unchanged
      representative.
3.    The Commission shall appoint an
      alternate who will replace the
      Chairman in his absence.
Article 5                                       Article 5
1.    Members of the Management Board           unchanged
      shall be appointed for three years.
2.    The appointment of members of the         unchanged
       Management Board shall be
       renewable.
                                            - * -
 ---pagebreak--- Article 6                                      Article 6
 1.    The Chairman shall call a meeting of    unchanged
       the Management Board at least twice
       a year and if at least one-third of the
       members so request.
2.     Decisions of the Management Board       unchanged
       shall be taken by a two-thirds
       majority.
3.     Each member of the Management           unchanged
       Board shall have one vote.
Article 7                                      Article 7
The Management Board may invite                unchanged
representatives of the translation
departments of other Community
institutions or of international organizations
to attend as observers.
Article 8                                      Article 8
 1.    The Management Board shall adopt        unchanged
       the Centre's annual work programme
       on the basis of a draft prepared by
       the Director.
       The programme may be adapted            unchanged
       during the year by the procedure
       referred to in paragraph 1.
       By 31 January each year at the latest,  unchanged
       the Management Board shall adopt an
       annual report on the Centre's
       activities. The Director shall
       communicate it to the bodies listed in
       Article 2 and to the European
       Parliament, the Council and the
       Commission.
                                            -r-
 ---pagebreak--- Article 9                                    Article 9
      The Centre shall be under the          unchanged
      authority of a Director appointed by
      the Management Board on a proposal
      from the Commission for a period of
      five years; the appointment shall be
      renewable.
      The Director shall be the legal        unchanged
      representative of the Centre. He
      shall be responsible for:
      the proper preparation and
       implementation of the work
      programme and of decisions taken by
      the Management Board;
      day-to-day administration;
      the performance of the tasks assigned
      to the Centre;
      the implementation of the budget;
      all staff matters; and
      the preparation of Management
      Board meetings.
      The Director shall be accountable to   unchanged
      the Management Board.
Article 10                                   Article 10
      Estimates shall be drawn up of all the unchanged
       Centre's revenue and expenditure for
      each financial year, which shall
      correspond to the calendar year, and
      shall be entered in the Centre's
      budget.
      The revenue and expenditure shown      unchanged
      in the Centre's budget shall be in
      balance; the revenue shall come
      from financial contributions from the
      bodies serviced by the Centre,
      without prejudice to other resources.
                                         -6-
 ---pagebreak---                                             -6-
3.    The expenditure of the Centre shall      unchanged
       include staff remuneration,
       administrative and infrastructure
       expenses and operating costs.
                                               Article 10 b
                                               The Commission will provide the
                                               Translation Centre for the bodies of the
                                               Union, on the basis of arrangements to be
                                               concluded with the Centre, with the
                                               following assistance:
                                                1.    support services: terminology,
                                                      databases, documentation, machine
                                                      translation, training and records of
                                                      freelance translators as well as the
                                                      secondment of officials to posts at
                                                      the Centre;
                                               2.    the management of basic
                                                      administrative services: payment of
                                                     salaries, provision of health
                                                      insurance, pension schemes,
                                                     organisation of social services.
Article 11                                     Article 11
      By 31 March each year the Director       unchanged
      shall draw up a draft statement of
      estimates of the Centre's revenue and
      expenditure for the following
      financial year and shall transmit them
      to the Management Board, together
      with an establishment plan.
                                             ?
 ---pagebreak---                                              -7-
      The Management Board shall adopt           unchanged
      the statement of estimates
      accompanied by the establishment
      plan and shall transmit them
      immediately to the Commission,
      which on that basis shall establish the
      estimates corresponding to the
      subsidies granted to the bodies listed
      in Article 2 in the preliminary draft
      budget which it places before the
      Council pursuant to Article 203 of
      the Treaty.
      The Management Board shall adopt           unchanged
      the Centre's budget before the
      beginning of the financial year,
      adjusting it where necessary to the
      financial contributions of the bodies
      listed in Article 2 and the Centre's
      other resources.
Article 12                                       Article 12
      The Director shall implement the           unchanged
      Centre's budget.
      Monitoring of the commitment and           unchanged
      payment of all the Centre's
      expenditure and of the establishment
      and recovery of all the Centre's
      revenue shall be carried out by the
      Commission's Financial Controller.
      By 31 March each year the Director         unchanged
      shall send the Commission, the
      Management Board and the Court of
      Auditors the accounts for all the
      Centre's revenue and expenditure in
      respect of the preceding financial
      year. The Court of Auditors shall
      examine them in accordance with
      Article 188c of the Treaty.
 ---pagebreak--- 4.     The Management Board shall give a     unchanged
       discharge to the Director of the
       Centre in respect of implementation
       of the budget.
Article 13                                   Article 13
After consulting the Commission and the      unchanged
Court of Auditors, the Management Board
shall adopt internal financial provisions
specifying, in particular, the procedure for
establishing and implementing the Centre's
budget.
Article 14                                   Article 14
The Protocol on the Privileges and           unchanged
Immunities of the European Communities
shall apply to the Centre.
Article 15                                   Article 15
       The staff of the Centre shall be      unchanged
       subject to the rules and regulations
       applying to officials and other
       servants of the European
       Communities.
       In respect of its staff, the Centre   unchanged
       shall exercise the powers which have
       been devolved to the appointing
       authority.
                                             unchanged
       The Management Board, in
       agreement with the Commission,
       shall adopt the necessary
       implementing provisions to ensure,
       inter alia, the confidentiality of
       certain work.
 ---pagebreak---                                               9-
Article 16                                      Article 16
      The contractual liability of the Centre   unchanged
      shall be governed by the law
      applicable to the contract in question.
      The Court of Justice of the European
      Communities shall have jurisdiction
      to give judgment pursuant to any
      arbitration clause contained in
      contracts concluded by the Centre.
      In the case of non-contractual            unchanged
      liability, the Centre shall, in
      accordance with the general
      principles common to the laws of the
      Member States, make good any
      damage caused by it or its servants in
      the performance of their duties.
      The Court of Justice of the European     unchanged
      Communities shall have jurisdiction
      in any dispute relating to
      compensation for such damages.
      The personal liability of the servants   unchanged
      of the Centre shall be governed by
      the relevant provisions applying to
      them.
                                               Article 16a
                                               The operating methods of the Centre as
                                               defined in the present Regulation may be
                                               reviewed by the Council, on the basis of a
                                               proposal from the Commission and after
                                               the opinion of the European Parliament has
                                               been given, not later than three years after
                                               the end of the start-up period of the
                                               Centre, which will not exceed three
                                               budgetary years.
                                        S»
 ---pagebreak---                                              10-
Article 17                                     Article 17
This Regulation shall enter into force on      unchanged
the seventh day following its publication in
the Official Journal of the European
Communities.
It shall be binding in its entirety and        unchanged
directly applicable in all Member States.
                                           ytA
 ---pagebreak---                                                                    BSN02S4-M75
                                                            COM(94) 564 final
                                                   DOCUMENTS
EN                                                                      16 01
                              Catalogue number : CB-CO-94-585-EN-C
                                                           ISBN 92-77-83133-2
OfficeforOfficial Piiblk-anons of the European Communities
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