29.9.2003 Official Journal of the European Union L 245/33 COUNCIL REGULATION (EC) No 1652/2003 of 18 June 2003 amending Regulation (EC) No 1035/97 establishing a European Monitoring Centre on Racism and Xenophobia THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 284 and 308 thereof, Having regard to the proposal from the Commission (%), Having regard to the opinion of the European Parliament (3), Having regard to the opinion of the Court of Auditors (?), Whereas: ey 4 ) ) 0) ¢ 0) ©) Certain provisions of Council Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on Racism and Xenophobia (%) should be brought into line with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities, hereinafter referred to as ‘the general Financial Regulation’) (%), and in particular Article 185 thereof. The general principles and limits governing right of access to documents provided for in Article 255 of the Treaty have been laid down by Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European  Parliament, Council and Commission documents (%). When Regulation (EC) No 1049/2001 was adopted, the three institutions agreed in a joint declaration that the agencies and similar bodies should implement rules conforming to those of that Regulation. Appropriate provisions should therefore be included in Regulation (EC) No 1035/97 to make Regulation (EC) O] C 331 E, 31.12.2002, p. 73. Opinion delivered on 27.3.2003 (not yet published in the Official Journal). O] C 285, 21.11.2002, p. 4. OJ L 151, 10.6.1997, p. 1. O] L 248, 16.9.2002, p. 1 with Corrigendum in O] L 25, 30.1.2003, p. 43. OJ L 145, 31.5.2001, p. 43. No 1049/2001 applicable to the European Monitoring Centre on Racism and Xenophobia and a provision on appeals against a refusal of access to documents. (5)  Regulation (EC) No 1035/97 should therefore be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 1035/97 is hereby amended as follows: 1. Article 2(2) point (g) shall be replaced by the following: ‘() publish an annual report on the situation regarding racism and xenophobia in the Community, also highlighting examples of good practice, and an annual report on the Centre’s own activities;’. 2. The following Article shall be inserted: ‘Article 5a 1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council (of 30 May 2001) regarding public access to European Parliament, Council and Commission documents (*) shall apply to documents held by the Centre. 2. The Management Board shall adopt the practical arrangements for implementing Regulation (EC) No 1049/2001 within six months of entry into force of Council Regulation (EC) No 1652/2003 of 18 June 2003 amending Regulation (EC) No 1035/97 establishing a European  Monitoring ~ Centre on  Racism  and Xenophobia (*¥). 3. Decisions taken by the Centre pursuant to Article 8 of Regulation (EC) No 1049/2001 may give rise to the lodging of a complaint to the Ombudsman or form the subject of an action before the Court of Justice of the European Communities, under the conditions laid down in Articles 195 and 230 of the Treaty respectively. () O] L 145, 31.5.2001, p. 43. (*¥) OJ L 245, 29.9.2003, p. 33.