Regulation 2003/1644 - Amendment of Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 2003/1644
Original proposal	COM(2002)406
CELEX number i	32003R1644

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Regulation (EC) No 1644/2003 of the European Parliament and of the Council of 22 July 2003 amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency

Official Journal L 245 , 29/09/2003 P. 0010 - 0012

Regulation (EC) No 1644/2003 of the European Parliament and of the Council

of 22 July 2003

amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Court of Auditors(2),

Having regard to the opinion of the European Economic and Social Committee(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),

Whereas:

• (1) 

  Certain provisions of Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 setting up a European Maritime Safety Agency(5) 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(6), (hereinafter referred to as the general Financial Regulation), and in particular Article 185 thereof.

• (2) 

  The general principles and limits governing the exercise of the 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(7).

• (3) 

  When Regulation (EC) No 1049/2001 was adopted, the three institutions agreed in a joint declaration that the agencies and similar bodies should have rules which conform to those of that Regulation.

• (4) 

  Appropriate provisions should therefore be included in Regulation (EC) No 1406/2002 to make Regulation (EC) No 1049/2001 applicable to the European Maritime Safety Agency, as should a provision on appeals against a refusal of access to documents.

• (5) 

  Regulation (EC) No 1406/2002 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1406/2002 is hereby amended as follows:

• 1. 

  in Article 4:

(a) Paragraph 1 shall be replaced by the following:

"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(8) shall apply to documents held by the Agency.";

(b) Paragraph 3 shall be replaced by the following:

"3. The Administrative Board shall adopt the practical arrangements for implementing Regulation (EC) No 1049/2001 within six months after the entry into force of Regulation (EC) No 1644/2003 of the European Parliament and of the Council of 22 July 2003 amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency(9).";

(c) The following paragraph shall be added:

"5. Decisions taken by the Agency pursuant to Article 8 of Regulation (EC) No 1049/2001 may form the subject of a complaint to the Ombudsman or of an action before the Court of Justice of the European Communities, under Articles 195 and 230 of the EC Treaty respectively.";

• 2. 

  Article 10(2)(b) shall be replaced by the following:

"(b) shall adopt the annual report on the Agency's activities and forward it by 15 June at the latest to the European Parliament, the Council, the Commission, the Court of Auditors and the Member States.

The Agency shall annually forward to the budgetary authority all information relevant to the outcome of the evaluation procedures.";

• 3. 

  in Article 18:

(a) Paragraphs (3), (4), (5) and (6) shall be replaced by the following:

"3. The Executive Director...

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