51997PC0489(01)

Proposal for Council Regulation (EC) amending Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (97/C 335/11) (Text with EEA relevance) COM(97) 489 final - 97/0253(CNS)

(Submitted by the Commission on 7 October 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,

Having regard to the opinion of the European Parliament,

Whereas, on 20 December 1993, the Council adopted Regulation (EC) No 40/94 (1) on the Community trade mark;

Whereas the Office for Harmonization in the Internal Market ('the Office`) established by the aforesaid Regulation may not be regarded as a profit-making organization;

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;

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 decentralized agencies established by the Community should be harmonized, 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 is it desirable to involve the European Parliament in the discharge procedure,

HAD ADOPTED THIS REGULATION:

Article 1

1. The following paragraph is added to Article 134 of Regulation (EC) No 40/94:

'4. Any revenue surplus to expenditure during a particular financial year shall, after account has been taken of the decrease in the Community subsidy, be entered in the general budget of the European Communities as miscellaneous revenue. However, the Budget Committee may authorize the establishment of a reserve to cover future expenditure. Amounts may be entered in the said reserve only with the agreement of the Commission, after Parliament has been consulted.`

2. Article 136 is replaced by the following:

'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.`

3. Article 137 (2) is replaced by the following:

'2. The Budget Committee shall, on the recommendation of the European Parliament, 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 Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

(1) OJ L 11, 14. 1. 1994, p. 1.