Amended Proposal for Council Regulation (EC) amending Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 30. 04. 1998 COM(1998) 289 final 97/0253 97/0254 97/0255 97/ 0256 97/0258 97/0259 97/0260 97/ 0261 97/0262 (CNS) (CNS) (CNS) (CNS) (CNS) (CNS) (CNS) (CNS) (CNS) AMENDED PROPOSALS FOR COUNCIL REGULATIONS (EC) amending the basic regulations of certain decentralised Community agencies (presented by the Commission pursuant to Article 189 a (2) of the EC-Treaty) EXPLANATORY MEMORANDUM 1. On 16 October 1997,1 the Commission approved a proposal for the amendment of the basic regulations of nine decentralised Community agencies with a view to subjecting them to the highest levels of public accountability and openness. The European Parliament gave its opinion on the proposal at its part-session of 9-13 March, voting through a number of amendments, some of which the Commission can accept. 2 The Economic and Social Committee was consulted in accordance with Article 130s of the Treaty on the amendment to Council Regulation (EC) No 1210/90 of 7 May 1990, on the setting up of the European Environment Agency and the European Environment Information and Observation Network,3 and gave its approval at its meeting of 28-29 January 1998. 2. 3. To summarise, those amendments which the Commission can approve relate to the granting of discharge to the decentralised Community agencies and to the Commission's Financial Controller acting as the agencies' financial controller. However, the Commission cannot support Parliament's amendments on own resources or on any surplus agency revenues. The Commission cannot accept the incorporation of all of the agencies1 revenues into the Community budget and the right to evaluate their level of fees. The Commission wishes to preserve the management autonomy of the agencies and considers that there is no need to change the system of setting fees or charges for certain agencies. In accordance with Article 189a (2) of the EC Treaty, therefore, the Commission has drawn up the following amended proposals. 1 COM (97) 489 final. 2 OJ The Economic and Social Committee was only consulted about the amendment of the Regulation on the European Environment Agency, the legal basis for which is Article 130s of the Treaty. The legal basis for all the other regulations is Article 235 of the EC Treaty. AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( of ( ) ) AMENDING COUNCIL REGULATION (EC) No 40/94 OF 20 DECEMBER 1993 ON THE COMMUNITY TRADE MARK (presented by the Commission in accordance with Article 189a(2) of the EC Treaty 97/ 0253 (CNS) AMENDED PROPOSAL INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof, Having regard to the proposal from the Commission,4 Having regard to the opinion of the European Parliament,5 Whereas, on 20 December 1993, the Council adopted Regulation (EC) No 40/94 on the Community trade mark;6 WheTeas the Office for Harmonization in the Internal Market ("the Office") established by the aforesaid Regulation may not be regarded as a profit-making organisation; Whereas, since the Office is a body governed by Community law, provision should be made for any resources remaining after the constitution, where appropriate, of a reserve to cover future expenditure and after any revision of the fees charged by the Office to be paid into the general budget of the European Communities; ( ( 4 5 6 OJL 11, 14. 1. 1994, p. l. ) ) INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) AMENDED PROPOSAL Whereas the entering of amounts in the said reserve should be made subject to the agreement of the Commission, and whereas the Commission should inform the Council and Parliament of its decisions in this respect; Whereas the financial provisions governing the decentralised agencies established by the Community should be harmonised, particularly in the matter of the controls to which the Office is subject; Whereas the Commission's Financial Controller is the person best placed to perform the tasks of Financial Controller of the Office; Whereas it is desirable to involve the the discharge European Parliament procedure, in Whereas it is a prerequisite to involve the the discharge European Parliament procedure, pursuant to Article 206 of the EC Treaty; in i+ AMENDED PROPOSAL INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) HAS ADOPTED THIS REGULATION: Article 1 The following paragraph is added to 1. Article 134 of Regulation (EC) No 40/94: in taken of the general budget of "4. Any revenue surplus to expenditure during a particular financial year shall, after account has been the decrease in the Community subsidy, be entered the European Communities as miscellaneous revenue. However, the Budget Committee the establishment of a may authorise expenditure. reserve Amounts may be entered in the said reserve only with the Commission, after Parliament has been consulted. " agreement to cover future the of Article 136 is replaced by the 2. following: Article 136 is replaced by 2. following: the "Control of commitment and payment of all expenditure and control of the existence and recovery of all revenue of the Office shall be carried out by the Commission's Financial Controller. " between harmonisation "To ensure a maximum of transparency and the of decentralised all commitment the expenditure establishment and recovery of all revenue of the Agency shall be carried out by the Commission's Financial Controller. " agencies. and and control of of payment control r INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) I AMENDED PROPOSAL 3. following: Article 137(2) is replaced by the 3. Article 137(2) is replaced by the following: "The Budget Committee shall, on the "The Budget Committee shall, after the its recommendation Parliament, give a discharge the recommendation, give a discharge to the President of the Office in respect of the President of the Office in respect of the implementation of the budget. " European European Parliament implementation of the budget. " has made the of to Article 2 This Regulation shall enter into force on the third day following its publication in the Official the European Journal of Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President ( AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( ) of ( ) AMENDING COUNCIL REGULATION (EC) No 2100/94 OF 27 JULY 1994 ON COMMUNITY PLANT VARIETY RIGHTS (presented by the Commission in accordance with Article 189a(2) of the EC Treaty 97/0254(CNS) " INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) I AMENDED PROPOSAL THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and, in particular, Article 235 thereof, Having regard to the proposal from the Commission,7 Having regard to the opinion of the European Parliament,8 Whereas, on 27 July 1994, the Council adopted Regulation (EC) No 2100/94 on Community plant variety rights;9 Whereas the Community Plant Variety Office ("the Office") established by the aforesaid Regulation may not be regarded as a profit-making organisation; ) ) ( ( OJL227, 1. 9. 1994, p. 1. INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) AMENDED PROPOSAL is a body Whereas, since the Office governed by Community law, provision should be made for any resources remaining after the constitution, where appropriate, of a reserve to cover future expenditure and after any revision of the fees charged by the Office to be paid into the general budget of the European Communities; Whereas the entering of amounts in the said reserve should be made subject to the agreement of the Commission, and whereas the Commission should inform the Council and Parliament of its decisions in this respect; Whereas the financial provisions governing the decentralised agencies established by the Community should be harmonised, particularly in the matter of the controls to which the Office is subject; Whereas the Commission's Financial Controller is the person best placed to perform the tasks of Financial Controller of the Office; Whereas it is desirable to involve the in the discharge European Parliament procedure, Whereas it is a prerequisite to involve the in the discharge European Parliament procedure, pursuant to Article 206 of the EC Treaty; r AMENDED PROPOSAL INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) HAS ADOPTED THIS REGULATION: Article 1 The following paragraph is added to (EC) No 1. Article 108 of Regulation 2100/94: taken of Any revenue surplus to expenditure "5. during a particular financial year shall, after account has been the decrease in the Community subsidy, be in the general budget of the entered European Communities as miscellaneous revenue. However, the Budget Committee the establishment of a may authorise reserve expenditure. Amounts may be entered in the said reserve only with the Commission, after Parliament has been consulted. " agreement to cover future the of 2. In Article 111: 2. In Article 111 (a) paragraph 1 following: is replaced by the (a) paragraph 1 following: is replaced by the "Control of commitment and payment of all expenditure and control of the existence and recovery of all revenue of the Office shall be carried out by the Commission's Financial Controller. "; between harmonisation "To ensure a maximum of transparency and the decentralised of commitment all expenditure the establishment and recovery of all revenue of the Agency shall be carried out by the Commission's Financial Controller. " agencies. and and control of of payment control INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) AMENDED PROPOSAL (b) paragraph 3 following: is replaced by the (b) paragraph 3 following: is replaced by the "The Administrative Council shall, on the European recommendation of the Parliament, give a discharge President of the Office in respect of the implementation of the budget. " the to "The Administrative Council shall, after of the European Parliament has made its recommendation, give a discharge to the President of the Office in respect of the implementation of the budget. " Article 2 This Regulation shall enter into force on the third day following its publication in the European Journal of the Official Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President la 97/ 0255 (CNS) AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( ) of ) AMENDING COUNCIL REGULATION (EEC) No 2309/93 OF 22 JULY ( 1993 LAYING DOWN COMMUNITY PROCEDURES FOR THE AUTHORISATION AND SUPERVISION OF MEDICINAL PRODUCTS FOR HUMAN AND VETERINARY USE AND ESTABLISHING A EUROPEAN AGENCY FOR Tl IE EVALUATION OF MEDICINAL PRODUCTS (presented by the Commission in accordance with Article 189a(2) of the EC Treaty AMENDED PROPOSAL INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and, in particular, Article 235 thereof, Having regard to the proposal from the Commission»10 Having regard to the opinion of the European Parliament,11 Whereas, on 22 July 1993, the Council adopted Regulation (EEC) No 2309/93 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products ("the Agency");12 Whereas the Agency may not be regarded as a profit-making organisation; 10 n 12 ) ) ( ( OJL 214, 24. 8. 1993, p. l. 11 INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) AMENDED PROPOSAL for any the Office Whereas, since is a body governed by Community law, provision should be made resources remaining after the constitution, where appropriate, of a reserve to cover future expenditure and after any revision of the fees charged by the Office to be paid into the general budget of the European Communities; Whereas the entering of amounts in the said reserve should be made subject to the agreement of the Commission and whereas the Commission should inform the Council and Parliament of its decisions in this respect; Whereas the financial provisions governing the decentralised agencies established by the Community should be harmonised, particularly in the matter of the controls to which the Agency is subject; Whereas the Commission's Financial Controller is the person best placed to perform the tasks of Financial Controller of the Agency; Whereas it is desirable to involve the European Parliament the discharge procedure, in Whereas it is a prerequisite to involve the European Parliament the discharge procedure, pursuant to Article 206 of the EC Treaty; in /JU INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) AMENDED PROPOSAL HAS ADOPTED THIS REGULATION: Article 1 In Article 57 of Regulation (EEC) No 2309/93 The following paragraph 6a (a) inserted after paragraph 6: is in taken of the general budget of "6a. Any revenue surplus to expenditure during a particular financial year shall, after account has been the decrease in the Community subsidy, be entered the European Communities as miscellaneous revenue. However, the Budget Committee the establishment of a may authorise expenditure. reserve Amounts may be entered in the said reserve only with the Commission, after Parliament has been consulted. " agreement to cover future the of Paragraph 8 is replaced by the (b) following: Paragraph 8 is replaced by the (b) following: "8. Control of commitment and payment of all expenditure and control of the establishment and recovery of all revenue of the Agency shall be carried out by the Commission's Financial Controller. " between harmonisation "8. To ensure a maximum of transparency the and decentralised of all commitment the expenditure establishment and recovery of all revenue of the Agency shall be carried out by the Commission's Financial Controller. " agencies and and control of of payment control i? INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) I AMENDED PROPOSAL (c) The second subparagraph of paragraph 9 is replaced by the following: "The Court of Auditors shall examine the balance sheet in accordance with Article 188c of the Treaty. " Paragraph 10 is replaced by the (d) following: Paragraph 10 is replaced by the (d) following: "10. The Management Board shall, on the recommendation of the European Parliament, give a discharge to the Director of the Agency in respect of the implementation of the budget. " "10. The Management Board shall, after the European Parliament has made its recommendation, give a discharge to the Director of the Agency in respect of the implementation of the budget. " Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President 14 97/ 0256 (CNS) AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( ) of ( ) AMENDING COUNCIL REGULATION (EEC) No 1210/90 OF 7 MAY 1990 ON THE ESTABLISHMENT OF THE EUROPEAN ENVIRONMENT AGENCY AND THE EUROPEAN ENVIRONMENT INFORMATION AND OBSERVATION NETWORK (presented by the Commission in accordance with Article 189a(2) of the EC Treaty INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) I AMENDED PROPOSAL THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and, in particular, Article 130s thereof, Having regard to the proposal from the Commission,13 Having regard to the opinion of the European Parliament,14 Having regard to the opinion of the Economic and Social Committee,15 Whereas, on 7 May 1990, the Council adopted Regulation (EEC) No 1210/90 on the establishment of the European Environment Agency and the European Environment Information and Observation Network ("the Agency");16 13 14 15 t4 ( ) C > i > OJL 120, i1. 5. 1990, p. I. 15 INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) AMENDED PROPOSAL Whereas the financial provisions governing the decentralised agencies established by the Community should be harmonised, particularly in the matter of the controls to which the Agency is subject; Whereas the Commission's Financial Controller is the person best placed to perform the tasks of Financial Controller of the Office; Whereas it is desirable for the power to to the grant discharge to be assigned European the on the Management recommendation Board, Parliament of HAS ADOPTED THIS REGULATION: Article 1 In Article 13 of Regulation (EC) No 1210/90: Whereas it is a prerequisite for the power to grant discharge to be assigned to the Parliament European the on the Management of recommendation Board, pursuant to Article 206 of the EC Treaty; Paragraph (a) following: 2 is replaced by the (a) Paragraph 2 following: is replaced by the expenditure "2. Control of commitment and payment of the all establishment and recovery of all revenue of the Agency shall be carried out by the Commission's Financial Controller. "; and control of between harmonisation "2. To ensure a maximum of transparency the and of decentralised all commitment expenditure the establishment and recovery of all revenue of the Agency shall be carried out by the Commission's Financial Controller agencies, and and control of of payment control ic INITIAL PROPOSAL I AMENDED PROPOSAL (COM(97) 489 final of 6. 10. 1997) Paragraph 4 is replaced by the (b) following: "4. The European Parliament shall, on the recommendation of the Management Board, give discharge to the Executive Director in respect of the implementation of the budget. " Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European j Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President a 97/ 0258 (CNS) AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( ) of (. ' ) AMENDING COUNCIL REGULATION (EC) No 2062/94 OF 18 JULY 1994 ESTABLISHING A EUROPEAN AGENCY FOR SAFETY AND HEALTH AT WORK (presented by the Commission in accordance with Article 189a(2) of the EC Treaty INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and, in particular, Article 235 thereof, Having regard to the proposal from the Commission,17 Having regard to the opinion of the European Parliament,18 Whereas, on 18 July 1994, the Council adopted Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work ("the Agency");,9 Whereas the financial provisions governing the decentralised agencies established by the Community should be harmonised; Whereas it is desirable for the power to grant discharge to be assigned to the European Parliament on the recommendation of the Administrative Board, AMENDED PROPOSAL Whereas it is a prerequisite for the power to grant discharge to be assigned to the European Parliament on the recommendation of the Management Board, pursuant to Article 206 of the EC Treaty; 17 18 19 ) ) ( ( OJL216, 20. 8. 1994, p. 1. 18 INITIAL PROPOSAL I AMENDED PROPOSAL (COM(97) 489 final of 6. 10. 1997) HAS ADOPTED THIS REGULATION: Article 1 Article 14(4) of Regulation (EC) No 2062/94 is replaced by the following: "4. The European Parliament shall, on the the Administrative recommendation of Board, give discharge to the Director in respect of the budget. " implementation of the Article 2 This Regulation shall enter into force on the third day following its publication in the Official the European Journal of Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President 19 AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No (. ) OF (. ) AMENDING COUNCIL REGULATION (EEC) No 302/93 OF 8 FEBRUARY 1993, ESTABLISHING A EUROPEAN MONITORING CENTRE FOR DRUGS AND DRUG ADDICTION (presented by the Commission in accordance with Article 189a (2) of the EC Treaty) 97/ 0259 (CNS) INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and, in particular, Article 235 thereof, Having regard to the proposal from the Commission,20 Having regard to the opinion of the European Parliament,21 Whereas, on 8 February 1993, the Council adopted Regulation (EEC) No 302/93 establishing a European Monitoring Centre for Drugs and Drug Addiction ("the Centre");22 Whereas the financial provisions governing the decentralised agencies established by the Community should be harmonised; Whereas it is desirable for the power to grant discharge to be assigned to the European Parliament on the recommendation of the Management Board, AMENDED PROPOSAL Whereas it is a prerequisite for the power to grant discharge to be assigned to the European Parliament on the recommendation of the Management Board, pursuant to Article 206 of the EC Treaty; 20 21 22 ) ) ( ( OJ L 36, 12. 2. 1993, p. 1; 22 December 1994 (OJ L 341, 30. 12. 1994, p. 7). as last amended by Council Regulation (EC) No 3294/94 of 20 AMENDED PROPOSAL INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) HAS ADOPTED THIS REGULATION: Article 1 Article 11(11) of Regulation (EEC) No 302/93 is replaced by the following: "11. The European Parliament shall, on the recommendation the Management of Board, give a discharge to the Director of the Centre in respect of the implementation of the budget. " Article 2 This Regulation shall enter into force on the third day following its publication in the Official the European Journal of Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President £J AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( ) of ( ) AMENDING COUNCIL REGULATION (EEC) No 1360/90 OF 7 MAY 1990 ESTABLISHING A EUROPEAN TRAINING FOUNDATION (presented by the Commission in accordance with Article 189a(2) of the EC Treaty 97/ 0260 (CNS) INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) AMENDED PROPOSAL THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and, in particular, Article 235 thereof, Having regard to the proposal from the Commission,23 Having regard to the opinion of the European Parliament,24 Whereas, on 7 May 1990, the Council adopted Regulation (EEC) No 1360/90 establishing a European Training Foundation ("the Foundation");25 Whereas the financial provisions governing the decentralised agencies established by the Community should be harmonised; Whereas it is desirable for the power to grant discharge to "be assigned to the European Parliament on the recommendation of the Governing Board, Whereas it is a prerequisite for the power to grant discharge to be assigned to the European Parliament on the recommendation of the Management Board, pursuant to Article 206 of the EC Treaty: ( ( 23 24 25 OJ L 131, 23. 5. 1990, p. l; as last amended by Council Regulation (EC) No 2063/94 (OJ L 216, ) ) 30. 8. 1994, p. 9). 22 INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) I AMENDED PROPOSAL HAS ADOPTED THIS REGULATION: Article 1 Article 11(4) of Regulation (EEC) No 1360/90 is replaced by the following: "4. The European Parliament shall, on the recommendation of the Governing Board, give a discharge to the Director of the Foundation the implementation of the budget. " respect of in Article 2 This Regulation shall enter into force on the third day following its publication in the Official the European Journal of Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President J3 AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( of ( ). ) AMENDING COUNCIL REGULATION (EC) No 2965/94 OF 28 NOVEMBER 1994 SETTING UP A TRANSLATION CENTRE FOR BODIES OF THE EUROPEAN UNION (presented by the Commission in accordance with Article 189a(2) of the EC Treaty 97/0261 (CNS) INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) AMENDED PROPOSAL THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and, in particular, Article 235 thereof, Having regard to the proposal from the Commission,26 Having regard to the opinion of the European Parliament,27 Whereas, on 28 November 1994, the Council adopted Regulation (EC) No 2965/94 setting up a Translation Centre for Bodies of the European Union ("the Centre");28 Whereas the financial provisions governing the decentralised agencies established by the Community should be harmonised; Whereas it is desirable for the power to grant discharge to be assigned to the European Parliament on the recommendation of the Management Board, Whereas it is a prerequisite for the power to grant discharge to be assigned to the European Parliament on the recommendation of the Management Board, pursuant to Article 206 of the EC Treaty; 26 27 2X ) ) ( ( OJ L 314, 7. 12. 1994, p. l; 30 October 1995 (OJ L 268, 10. 11. 1995, p. I ). as last amended by Council Regulation (liC) No 2610/95 of 24 INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) I AMENDED PROPOSAL HAS ADOPTED THIS REGULATION: Article 1 Article 14 (4) of Regulation (EC) No 2965/94 is replaced by the following: "The European Parliament shall, on the the Management recommendation of Board, give a discharge to the Director of the Centre in respect of the implementation of the budget. " Article 2 This Regulation shall enter into force on the third day following its publication in the Official the European Journal of Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President j>r AMENDED PROPOSAL FOR COUNCIL REGULATION (EC) No ( ) of ( ) AMENDING COUNCIL REGULATION (EC) No 1035/97 OF 2 JUNE 1997 ESTABLISHING A EUROPEAN MONITORING CENTRE ON RACISM AND XENOPHOBIA (presented by the Commission in accordance with Article 189a(2) of the EC Treaty 97/ 0262 (CNS) INITIAL PROPOSAL (COM(97) 489 final of 6. 10. 1997) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and, in particular, Articles 213 and 235 thereof, Having regard to the proposal from the Commission,29 Having regard to the opinion of the European Parliament,30 Whereas, on 2 June 1997, the Council adopted Regulation (EC) Nol035/97 establishing a European Monitoring Centre on Racism and Xenophobia ("the Centre");3' Whereas the financial provisions governing the decentralised agencies established by the Community should be harmonised; Whereas it is desirable for the power to grant discharge to be assigned to the European Parliament on the recommendation of the Management Board, AMENDED PROPOSAL Whereas it is a prerequisite for the power to grant discharge to be assigned to the European Parliament on the recommendation of the Management Board, pursuant to Article 206 of the EC Treaty; 29 30 31 ) ) ( ( OJL 151, 10. 6. 1997, p. 1. 26 INITIAL PROPOSAL AMENDED PROPOSAL (COM(97) 489 final of 6. 10. 1997) HAS ADOPTED THIS REGULATION: Article 1 Article 12(11) of Regulation (EC) No 1035/97 is replaced by the following: "11. The European Parliament shall, on the the Management of recommendation Board, give a discharge to the Director of the Centre in respect of the implementation of the budget. " Article 2 This Regulation shall enter into force on the third day following its publication in the Official the European Journal of Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President JQ ISSN 0254-1475 COM(98) 289 final DOCUMENTS EN 01 09 10 Catalogue number : CB-CO-98-296-EN-C ISBN 92-78-35902-5 Office for Official Publications of the European Communities L-2985 Luxembourg de