CELEX: 51993PC0299
Language: en
Date: 1993-07-22
Title: Proposal for a COUNCIL REGULATION (EEC) amending Council regulation (EEC) N° 302/93 on the establishment of the European Monitoring Centre for Drugs and Drug Addiction

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(93) 299 f i n a l
                                                           Brussels, 22 July 1993
                                            Proposal f o r a
                                       COUNCIL REGULATION (EEC)
                            amending Council regulation (EEC) N°302/93
                                   on the establishment of the            «
                     European Monitoring Centre for Drugs and Drug Addiction
                                     (presented by the Commission)
k *-,vi'' i >ffîâ
            WH
 ---pagebreak---                                     - 2 -
                           EXPLANATORY MEMORANDUM
 1. In its communication to the Council and the Parliament on the
 establishment of a European Drugs Monitoring Centre^ 1 ), the Commission
 had proposed the following provision with regard to financial regulations
 (Article 10(13)) :
         "After the Court of Auditors has delivered its opinion, the
         management board shall adopt the internal financial provisions
         specifying, in particular, the detailed rules for establishing
         and implementing the Centre's budget."
This provision was identical to Article 14 of Council Regulation (EEC) No
 1210/90 of 7 May 1990 on the establishment of the European Environment
Agency, and was thus a word-for-word repetition of a precedent which had
 already been agreed upon by the three institutions (Commission, Council
and European Parliament).
 2. In giving its opinion on the proposal^) f the European Parliament, at
the suggestion of the budget committee, adopted an amendment (No 30) on
 13 May 1992 replacing the formula proposed by the Commission with the
 following text:
         "The Financial Regulation applicable to the general budget of the
         European Communities shall apply to the Centre. The Council may,
         acting by a qualified- majority on a proposal from the Commission,
         and after consulting the European Parliament and the management
         board, grant derogations from the general Financial Regulation
         when the specific requirements of the functioning of the Centre
         so dictate."
3. The text voted on by Parliament was the result of a mistake in
treating the provision in the same way as a different precedent relating
to the Trademark Office which, according to the Commission's proposal,
differed from the European Environment Agency and the European Drugs
Monitoring Centre in that it was not intended to be a decentralised
Community body with its own budget - as distinct from the general budget
of the European Communities - but was, on the contrary, to be an integral
part (annex) of the general budget. While the general Financial
Regulation would apply to the Trademark Office, however, it can under no
circumstances apply to the European Drugs Monitoring Centre or to the
European Environment Agency, which have their own budget.
4. This technical error, introduced inadvertently into the text when it
was being examined by the European Parliament, was not noticed either by
the Commission or the Council during the course of the procedure,
primarily due to pressure of time (the European Council in Maastricht had
set 30 June 1992 as the date for adopting the Regulation on the Centre).
This wording therefore still exists in the final text of the Regulation
as adopted by the Council^ 3 ).
(1) COM(91)463 final of 27 January 1992
(2) PE 156.389/fin. of 23 April 1992
(3) OJ L 36, 12.2.1993, p. 6
 ---pagebreak---                                       - 3 -
 5. In the meantime, the European Parliament has recommended the
 harmonisation of budgetary and financial provisions relating to
 decentralised Community bodies (•*•), while the Commission has drawn up
 clear guidelines which have been submitted to the budgetary
 authority(2). it is therefore important that Regulations establishing
 decentralised Community bodies take account of this requirement for
 harmonisation.
 6. The European Drugs Monitoring Centre has its own budget and must
 therefore have its own financial regulations in order to be able to begin
 functioning, on the understanding that these financial regulations must,
 as far as possible, contain the provisions of the general Financial
 Regulation^ 3 ).
 The technical amendment to Article 11(12) of Regulation No 302/93 by
 means of the following provision, as dictated by the nature of this body,
 should therefore be approved without delay.
(1) cf. Report by Mrs Theato, PE 202.729/fin. of 10 December 1992
(2) cf. SEC(92)2389 final of 17 December 1992
(3) cf. Article 130 of the general Financial Regulation
 ---pagebreak---                             - 4-
                   Council Regulation (EEC)
        amending Council Regulation (EEC) N°302/93 on the
                       establishment of the
    European Monitoring Centre for Drugs and Drug Addiction
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission1,
Having regard to the opinion of the European Parliament2,
Whereas the Council adopted Regulation (EEC) N* 302/93, 8
February 1993, on the establishment3 of the European Monitoring
Centre for Drugs and Drug Addiction ;
Whereas the budgetary and financial provisions relating to such
decentralised Community bodies should be harmonised;
Whereas Article 11 of the Regulation which concerns the financial
provisions of the Centre should be amended to take account of
this requirement for harmonisation;
HAS ADOPTED THIS REGULATION :
                            Article l
Article 11 (12) of Council Regulation (EEC) N* 302/93    shall be
replaced by the following:
     1
       OJ N#
     2
       0JN'
     3
       OJ N* L 36, 12.2.93, pages 1 to 8
 ---pagebreak---                                - 5-
     " 12. After the Commission and the Court of Auditors have
     delivered their opinions, the management board shall adopt
     the   internal    financial   provisions    specifying,  in
     particular, the detailed rules for establishing and
     implementing the Centre's budget."
                            Article 2
This regulation shall come into force on the day following the
decision of the competent authorities on the seat of the Centre.
     This regulation shall be binding in its entirety and
     directly applicable in all Member States.
     Done at
                                    For the Council
                                      The President
 ---pagebreak---                                             - 6-
                                                                     ISSN 0254-1475
                                                              COM(93) 299 final
                                                      DOCUMENTS
EN                                                                              05
                                 Catalogue number : CB-CO-93-335-EN-C
                                                             ISBN 92-77-57213-2
Office for Official Publications of the European Communities
L-2985 Luxembourg