The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments Amendment 2 Recital 2    (2) Implementation of these Community programmes is financed, at least in part, from appropriations entered in the general budget of the European Union. Under Article 274 of the Treaty, the Commission is responsible for executing that budget.    (2) Implementation of these Community programmes is financed, at least in part, from appropriations entered in the general budget of the European Union. (2a) Under Article 274 of the Treaty, the Commission is responsible for implementing that budget. Amendment 3 Recital 3 a (new) (3a) Externalisation of some of the tasks to public implementing bodies must meet a specific objective. With regard to the Commission's public service activities, only tasks which, because of their temporary nature or technical complexity, justify large-scale recourse to persons who are not established Commission officials may be delegated to such agencies. Amendment 4 Recital 5    (5) Externalisation should only be used after assessment of a number of factors (such as a cost-benefit analysis that includes the costs for coordination and controls, efficiency and flexibility in the implementation of externalised tasks, simplification of the procedures used, proximity of externalised activities to final beneficiaries, visibility of the Community as promoter of the programme concerned, the need to maintain an adequate level of know-how inside the Commission).    (5) Externalisation should be used only after assessment of a number of factors (such as identification of the tasks in respect of which externalisation is justified, a cost-benefit analysis that includes the costs for coordination, controls and the impact on human resources, efficiency and flexibility in the implementation of externalised tasks, simplification of the procedures used, proximity of externalised activities to final beneficiaries, visibility of the Community as promoter of the programme concerned, the need to maintain an adequate level of know-how inside the Commission). Amendment 5 Recital 11    (11) The activities performed by an executive agency must also fully comply with the programming that the Commission defines for the Community programmes which the agency is involved in managing. The agency's annual work programme must therefore be subject to the Commission's approval.    (11) The activities performed by an executive agency must also fully comply with the programming that the Commission defines for the Community programmes which the agency is involved in managing. The agency's annual work programme must therefore be subject to the Commission's approval and in accordance with budgetary decisions . Amendment 6 Recital 15    (15) It should also be possible to entrust an executive agency with tasks relating to the management of programmes that are financed from sources other than the general budget of the European Union. In such cases, this Regulation should apply, subject to specific provisions in the legal bases of the programmes concerned.    (15) It might also be possible to entrust an executive agency with tasks relating to the management of programmes that are financed from sources other than the general budget of the European Union, provided that this does not entail, even indirectly, extra administrative costs which would need to be covered by additional appropriations . In such cases, this Regulation should apply, subject to specific provisions in the legal bases of the programmes concerned. Amendment 7 Recital 18    (18) The Treaty provides for no powers for the adoption of this Regulation other than those conferred by Article 308, Deleted Amendment 8 Article 5 An executive agency shall have its headquarters in one of the places where the Commission departments are located. It may decide to set up branch offices, both inside and outside the territory of the Member States, if this will serve to improve the performance of its tasks in implementing the Community programmes it is called on to manage . An executive agency shall have its headquarters in one of the places where the Commission departments are located. It shall organise its departments in accordance with the programme management requirements for which it is responsible . Amendment 9 Article 12, paragraph 1    1. All revenue and expenditure of an executive agency shall be the subject of forecasts for each financial year (identical with the calendar year) and shall be entered in its operating budget, which shall include the establishment plan submitted to the Budgetary Authority. The establishment plan, consisting exclusively of temporary posts, shall specify the number, grade and category of the staff employed by the executive agency during the financial year concerned.    1. All revenue and expenditure of an executive agency shall be the subject of forecasts for each financial year (identical with the calendar year) and shall be entered in its operating budget, the estimates of which shall be forwarded to the budgetary authority with the documents of the preliminary draft budget, which shall include the establishment plan which must be approved by the budgetary authority. The establishment plan, consisting exclusively of temporary posts and specifying the number, grade and category of the staff employed by the executive agency during the financial year concerned, shall be adopted by the budgetary authority and published as an annex to the Commission's budget. Amendment 10 Article 13, paragraph 2    2. No later than 1 March each year, the steering committee shall adopt the draft operating budget for the following year and submit it to the Commission.    2. No later than 1 March each year, the steering committee shall adopt the draft operating budget, including the provisional staffing plan, and submit it to the Commission, which shall forward it to the budgetary authority . Amendment 11 Article 13, paragraph 4 a (new) 4a. The final budget may be adopted only after the final adoption of the general budget of the Union. Amendment 12 Article 13, paragraph 4 b (new) 4b. Any modification of the budget, including the staffing plan, must be the subject of a supplementary and amending budget in accordance with the procedure set out in this article. Amendments 13 and 24 Article 14, paragraph 2    2. No later than 31 March each year, the director shall submit detailed accounts to the European Parliament, the Court of Auditors, the Commission and the steering committee showing all the revenue and expenditure for the previous budget year.    2. The Commission's departments responsible for financial control and internal auditing shall assess the efficiency of the system for managing and monitoring the agency and shall verify the regularity of operations. They shall report their findings in accordance with the relevant provisions of the Financial Regulation. The agency shall submit an annual activity report to the authority responsible for giving discharge. Amendment 26 Article 14, paragraph 3    3. The European Parliament shall grant discharge to an executive agency for the execution of its budget no later than 30 April of year n+2.    3. The budget of the executive agencies shall be discharged according to the normal procedure as part of the European Parliament's decision on discharge to the Commission taken no later than 30 April of year n+2 Amendment 14 Article 15 The financial regulation applicable to the operating budget of the executive agency shall be adopted by the Commission, after receiving the opinion of the Court of Auditors, in accordance with the procedure laid down in Article 23(2) and in compliance with Article 142 of the Financial Regulation applicable to the general budget of the European Union . One single financial regulation applicable to the operating budget of all the executive agencies shall be adopted by the Commission, after consultation of the European Parliament and the Council, and after receiving the opinion of the Court of Auditors. That financial regulation may deviate from the Financial Regulation applicable to the general budget of the European Union only in instances where the specific nature of the operation of executive agencies so requires. Amendment 25 Article 18, paragraph 2    2. An executive agency's staff shall consist partly of Community officials seconded by the Institutions to the executive agency as temporary officials, and partly of other servants recruited by the executive agency.    2. An executive agency's staff shall consist partly of Community officials seconded by the Institutions to the executive agency as temporary officials for the purpose of occupying posts of responsibility there. Other servants shall be recruited by the executive agency on renewable contracts. The nature of the contract, governed by either private law or public law, the duration of the obligation binding such servants to the executive agency and the qualification criteria required shall depend on the specific content and duration of the tasks to be performed, in compliance with the applicable national legislation. Amendment 16 Article 19, paragraphs 2 and 3    2. As soon as an executive agency is created it shall subscribe to the interinstitutional agreement on internal investigations conducted by the European Anti-Fraud Office (OLAF). The steering committee shall formalise this assent and adopt the provisions needed to facilitate OLAF's conduct of its internal inquiries.    2. The European Anti-Fraud Office (OLAF) shall enjoy the same powers with regard to the executive agency and its entire staff as to the Commission's departments. As soon as an executive agency is created it shall subscribe to the interinstitutional agreement on internal investigations conducted by the European Anti-Fraud Office (OLAF). The steering committee shall formalise this assent and adopt the provisions set out in the interinstitutional agreement relating to OLAF's conduct of its internal inquiries. It shall adopt and apply measures to combat fraud and irregularities. Agency staff shall cooperate with OLAF in the fight against fraud.    3. The Court of Auditors shall scrutinise an executive agency's accounts in accordance with Article 248 of the Treaty.    3. The Court of Auditors shall scrutinise an executive agency's accounts in accordance with Article 248(1) and (2) of the Treaty. Amendment 17 Article 20, paragraph 2 a (new) 2a. Personal liability of staff towards the agency shall be governed by the provisions of the statute or scheme applicable to them. Amendment 18 Article 21 The Court of Justice shall monitor the legality of acts of an executive agency intended to have binding legal effect on the same terms and conditions as laid down in Article 230 of the Treaty relating to the control of legality of the acts of the Commission. The Commission shall be liable in law for the acts of an executive agency intended to have binding legal effect within the meaning of Article 230 of the Treaty. Amendment 19 Article 22, paragraph 1, subparagraph 2 An agency's steering committee shall adopt any provisions needed to implement such right of access no later than during the first year after the creation of the executive agency. An agency's steering committee shall adopt any provisions needed to implement such right of access no later than during the first year after the creation of the executive agency. The provisions relating to the forwarding of documents and information between the Commission and the European Parliament shall apply to the executive agencies. Amendment 20 Article 23 Article 23 Deleted. Committee procedure    1. The Commission shall be assisted by a Committee for Executive Agencies, composed of representatives of the Member States and chaired by a representative of the Commission.    2. Where reference is made to this paragraph, the regulatory procedure provided for in Article 5 of Decision 1999/468/EC shall apply, subject to Article 7 of that Decision.    3. The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months. Amendment 21 Article 23 a (new) Article 23a Evaluation An external assessment report covering the first three years of operation of each executive agency shall be drawn up and submitted to the agency's steering committee, to the Commission and to the European Parliament. Where appropriate, the report shall include recommendations concerning the changes to be made to the current statute.

(1) OJ C 120 E, 24.4.2001, p. 140.

(Consultation procedure)

The European Parliament,

-  having regard to the Commission proposal to the Council (COM(2000) 788 )(1) ,

-  having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5-0036/2001 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Budgets (A5-0216/2001 ),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4.  Calls for the conciliation procedure to be initiated should the Council intend to depart from the text approved by Parliament;

5.  Asks to be consulted again if the Council intends to amend the Commission proposal substantially;

6.  Instructs its President to forward its position to the Council and Commission.

(1) OJ C 120 E, 24.4.2001, p. 140.