Proposal for a Council regulation amending Regulation (EC) No 1035/97 as regards the budgetary and financial rules applicable to the European Monitoring Centre on Racism and Xenophobia and access to the Centre's documents (COM(2002) 406 - C5-0436/2002 - 2002/0176(CNS))
(6a) The constituent act relating to the Centre referred to in this Regulation should provide scope for the Member State in which the Centre has its seat to make a direct or indirect financial contribution.
Amendment 78 ARTICLE 1, POINT 3, SUBPARAGRAPH 1 a (new) Article 8, paragraph 3, point (b a) (new) (Regulation (EC) No 1035/97)
In Article 8, the following point (ba) is added: "(ba) Each year, the Community body shall forward to the discharge authority all relevant information concerning the results of the evaluation procedures. It shall also provide information on existing or planned measures to prevent the risk of fraud and irregularities. "
Amendment 79 ARTICLE 1, POINT 5 Article 12, paragraph 5 a (new) (Regulation (EC) No 1035/97)
5a. The statement of expenditure may be presented using a nomenclature based on the nature and/or objective of the expenditure, provided that a distinction is made between administrative appropriations and operating appropriations. This nomenclature shall be defined by the Centre.
Amendment 80 ARTICLE 1, POINT 5 Article 12, paragraph 6 a (new) (Regulation (EC) No 1035/97)
6a. Before taking any decision which has financial implications and which may have an impact on the amount of the Community subsidy for the current year or for subsequent years, the management board shall notify the Commission and the budgetary authority. If neither arm of the budgetary authority has raised any objection within six weeks, the management board shall adopt the final decision.
Amendment 81 ARTICLE 1, POINT 5 Article 12, paragraph 7 a (new) (Regulation (EC) No 1035/97)
7a. The final budget shall be adopted by the management board following the final adoption of the EU budget establishing the amount of the subsidy and the establishment plan.
Amendment 82 ARTICLE 1, POINT 5 Article 12, paragraph 8 a (new) (Regulation (EC) No 1035/97)
8a. The Executive Director may delegate his powers of budget implementation to staff of the Centre covered by the Staff Regulations, in accordance with the conditions laid down by the financial regulation of the Centre or by the financial rules, adopted by the management board, within the meaning of Article 185 of the Financial Regulation. Those so empowered may act only within the limits of the powers expressly conferred upon them.
Amendment 83 ARTICLE 1, POINT 5 Article 12, paragraph 12 a (new) (Regulation (EC) No 1035/97)
12a. Administrative, preparatory or ancillary tasks involving neither the exercise of public authority nor the use of discretionary powers of judgement may be entrusted by contract to external private-sector entities or bodies, where this proves to be indispensable. The appropriations allocated to such tasks shall be identified as administrative appropriations.
Amendment 84 ARTICLE 1, POINT 5 Article 12, paragraph 16 a (new) (Regulation (EC) No 1035/97)
16a. The Executive Director shall submit to the European Parliament, at the latter's request and in accordance with the conditions set out in Article 146(3) of the Financial Regulation, any information required for the smooth application of the discharge procedure for the financial year in question.
Amendment 85 ARTICLE 1, POINT 5 Article 12, paragraph 18 a (new) (Regulation (EC) No 1035/97)
18a. In the event of revision of the framework Financial Regulation for the bodies referred to in Article 185 of the Financial Regulation, the Commission shall consult the European Parliament, the Council and the Court of Auditors.