No L 240/12 Official Journal of the European Communities 7. 10. 95 COUNCIL REGULATION (EC, Euratom, ECSC) No 2335/95 of 18 September 1995 amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities, with ragard to the special provisions applicable to research and technological development appropriations THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 78h thereof, Having regard to the Treaty establishing the European Community, and in particular Article 209 thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 183 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (), Having regard to the opinion of the Court of Auditors (), Whereas the fourth framework programme of European Community activities in the field of research and technological development and demonstration (1994 tc 1998) (%), adopted by the decision of the European Parliament and of the Council of 26 April 1994, introduced a new competitive approach for the Joint Research Centre (JRC), which means, amongst other things, that the JRC will gradually have to enter intc competition with other bodies for the realization of certain projects financed by means of appropriations in the general budget, whether inside or outside the special subsection referred to in Article 92 (1) of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (°). hereinafter referred to as ‘the Financial Regulation’; Whereas this new competitive approach entails changes to certain provisions of the Financial Regulation so as tc afford the JRC greater effectiveness in the management of its appropriations and thus enable it to compete with other similar centres; () OJ No C 237, 25. 8. 1994, p. 3. (?) OJ No C 89, 10. 4. 1995, p. 212. (}) OJ No C 383, 31. 12. 1994, p. 15. (*y O] No L 126, 19. 5. 1994, p. 1. ") (see page 1 of this Official Journal). OJ No L 356, 31. 12. 1977, p. 1. Regulation as las: amended by Regulation (EC, Euratom, ECSC) No 2333/9¢ Whereas, in this connection, the Commission should be given greater autonomy in this area for transferring appropriations; Whereas appropriations obtained on a competitive basis should be treated as revenue from services for third parties so as to ensure total transparency in the accounts pertaining to such operations; Whereas the Financial Regulation must be amended accordingly; Whereas conciliation has taken place as provided in the Joint Declaration of the European Parliament, the Council and the Commission of 4 March 1975 (®) and in Article 127 of the Financial Regulation, HAS ADOPTED THIS REGULATION: Article 1 The Financial Regulation is hereby amended as follows: 1. in Article 92: (i) points (a), (b) and {e) in the second subparagraph of paragraph 1 shall be replaced by the following: ‘(a) direct action carried out in the establishments of the Joint Research Centre (JRC), in principle entirely financed from the general budget of the European Communities, and consisting of: — research programmes, — exploratory research activities, — scientific and technical support activities of an institutional nature; (b) indirect action consisting of programmes carried out under contracts to be concluded with third parties. The JRC may participate in these activities on the same basis as third parties. These activities shall in principle be partially financed from the general budget of the European Communities (shared-cost action projects);’ (*) OJ No C 89, 22. 4. 1975, p. 1.